SECTION 265:40-1-8. Marking of cigarette packaging

(a)   Cigarettes that have been certified by a manufacturer in accordance with OAC 265:40-1-6 shall be marked to indicate compliance with the requirements of this Chapter. Marking shall be in eight (8) point type or larger and consist of:

(1)   the letters "FSC" and be permanently stamped, engraved, embossed or printed on the package at or near the UPC; and

(2)   A manufacturer's marking shall meet all requirements set forth in § 326.5 of the Act.

(b)   Wholesale dealers, agents and retail dealers shall permit OSFM, Oklahoma Tax Commission and Office of the Attorney General representatives to inspect cigarette packaging to ensure it is marked in accordance with this Section.

(c)   Prior to the certification of any cigarette, a manufacturer shall present its proposed marking to OSFM for approval. Upon receipt of the request, OSFM will approve or disapprove the marking offered. Proposed markings shall be deemed approved if OSFM fails to act within ten (10) business days after receiving a request for approval.

(d)   No manufacturer shall modify its approved marking unless the modification has been approved by OSFM in accordance with this Section.

[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EDITOR’S NOTE: This emergency action expired without being superseded by a permanent action.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 265:40-1-8 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.