SECTION 265:40-1-7. Notification of certification

(a)   After the acceptance of the manufacturer's certification by OSFM, manufacturers certifying cigarettes in accordance with OAC 265:40-1-6 shall provide a copy of the certifications to all wholesale dealers and agents to which they sell cigarettes.

(b)   OSFM and the Office of the Attorney General will cooperate to produce a list of cigarette brands and styles that are legal for sale under any and all of the laws of the State of Oklahoma.

(c)   If OSFM intends to remove a brand from the certified list, it will send a notice of intent to remove to the manufacturer. The notice of intent to remove shall include:

(1)   the factual and legal deficiencies upon which OSFM's intended action rests;

(2)   the actions that the manufacturer must undertake to cure the factual or legal deficiencies upon which the intended action is based; and

(3)   A notification that the manufacturer shall have 30 calendar days to cure deficiencies and submit documentation or other information of its attempt to cure to OSFM. OSFM may extend the time period for a manufacturer to cure its deficiencies.

[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EDITOR’S NOTE: This emergency action expired without being superseded by a permanent action.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 265:40-1-7 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.