19 Miss. Code. R. 7-10.06

Current through December 10, 2024

Rule 19-7-10.06 - Certification and product change

A. Each manufacturer shall submit, in a form made available by the State Fire Marshal, a written certification attesting that:

1. Each cigarette listed in the certification has been tested in accordance with Section 45-12-5; and

2. Each cigarette listed in the certification meets the performance standard set forth in Section 45-12-5.

B. Each cigarette listed in the certification shall be described with the following information:

1. Brand, or trade name on the package;

2. Style, such as light or ultra light;

3. Length in millimeters;

4. Circumference in millimeters;

5. Flavor, such as menthol or chocolate, if applicable;

6. Filter or nonfilter;

7. Package description, such as soft pack or box;

8. Marking pursuant to Section 45-12-9;

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

10. The date that the testing occurred.

C. The State Fire Marshal shall make certifications available to the Attorney General for purposes consistent with this chapter and the commissioner for the purposes of ensuring compliance with this section.

D. For each brand family of cigarettes listed for certification, a manufacturer shall pay a fee of One Thousand Dollars ($ 1,000.00) to the State Fire Marshal. 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. 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 section, 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 Section 45-12-5 and maintains records of that retesting as required by Section 45-12-5. Any altered cigarette which does not meet the performance standard set forth in Section 45-12-5 may not be sold in this state.

F. Each brand family of cigarettes certified under this section shall be recertified every three (3) years from the original certification date.

1. To continue to sell a cigarette brand that has been certified under this regulation the manufacturer of that cigarette must, within three (3) years of the certification date, apply for recertification in a form made available by the State Fire Marshal, which may be accessed at http://www.mid.ms.gov/ attesting that each cigarette listed for recertification meets the standards necessary for initial certification.

2. For each brand family of cigarettes listed for recertification, a manufacturer shall pay a fee of One Thousand Dollars ($ 1,000.00) to the State Fire Marshal. 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 recertification period.

19 Miss. Code. R. 7-10.06

Miss. Code Ann. § 45-12-7 (Rev. Supp. 2012)