SECTION 265:40-1-6. Certification

(a)   Each manufacturer shall submit a written certification attesting that:

(1)   each cigarette listed in the certification has been tested in accordance with OAC 265:40-1-3; and

(2)   each cigarette listed in the certification meets the performance standard set forth in OAC 265:40-1-4 or meets the performance standard by any other state having equal or stricter performance standards.

(b)   Each cigarette listed in the certification shall be described with the following information:

(1)   brand (i.e., the trade name on the package);

(2)   style (e.g., light, ultra light);

(3)   length in millimeters;

(4)   circumference in millimeters;

(5)   flavor (e.g., menthol, chocolate), if applicable;

(6)   filter or non-filter;

(7)   package description (e.g., soft pack, box);

(8)   marking approved in accordance with OAC 265:40-1-8;

(9)   the name, address and telephone number of the laboratory, if different than the manufacturer that conducted the test; and

(10)   the date the testing occurred.

(c)   Each cigarette certified under this Section shall be re-certified every 3 years. Re-certification may be coordinated with re-certification required by other states with the same standard.

(d)   At the time it submits a written certification under this Section, a manufacturer shall pay to the OSFM a fee for each brand family listed in the certification as established by the Act. The fee paid shall apply to all cigarettes within the brand family certified, and shall include any new cigarette certified within the brand family during the three-year certification period.

(e)   The certifications shall be made available by OSFM to the Attorney General for purposes consistent with this Chapter and the Tax Commission for the purposes of ensuring compliance with this Section.

(f)   If a manufacturer has certified a cigarette pursuant to this Section, and thereafter makes any change to such cigarette that is likely to alter its compliance with the reduced cigarette ignition propensity standards required by this Chapter, that cigarette shall not be sold or offered for sale in this State until the manufacturer retests the cigarette in accordance with the testing standards set forth in OAC 265:40-1-3 and maintains records of that retesting as required by OAC 265:40-1-5. Any altered cigarette which does not meet the performance standard set forth in OAC 265:40-1-4(a) may not be sold in this State.

[Source: Added at 26 Ok Reg 522, eff 1-2-09 through 7-14-09 (emergency); Added at 27 Ok Reg 834, eff 4-25-10]

Note

EDITOR’S NOTE: This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency action enacting a new Section, the Section is no longer effective. Therefore, on 7-15-09 (after the 7-14-09 expiration of this emergency action), Section 265:40-1-6 was no longer effective, and remained as such until added by permanent action on 4-25-10. For the official text of the emergency rule that was in effect from 1-2-09 through 7-14-09, see 26 Ok Reg 522.