50-65-103. Certification -- fee for certification -- product change. - Montana Statutes

     50-65-103. Certification -- fee for certification -- product change. (1) Each manufacturer shall submit to the department of justice a written certification attesting that each cigarette listed in the certification:
     (a) has been tested in accordance with 50-65-102; and
     (b) meets the performance standard provided in 50-65-102(2)(c).
     (2) Each cigarette listed in the certification must be described with the following information:
     (a) brand or trade name on the package;
     (b) style, such as light or ultralight;
     (c) length in millimeters;
     (d) circumference in millimeters;
     (e) flavor, such as menthol or chocolate, if applicable;
     (f) filter or nonfilter;
     (g) package description, such as soft pack or box;
     (h) marking approved in accordance with 50-65-104;
     (i) the name, address, and telephone number of the laboratory, if different from the manufacturer, that conducted the test; and
     (j) the date that the testing occurred.
     (3) Certifications must be made available to the attorney general for purposes consistent with this chapter and to the department of revenue for the purposes of ensuring compliance with this section.
     (4) Each cigarette certified under this section must be recertified every 3 years.
     (5) (a) For each cigarette listed in a certification, a manufacturer shall pay a fee, not to exceed $250, to offset the actual costs of the processing, testing, enforcement, and oversight activities required in this chapter.
     (b) There is an account in the state special revenue fund in which fees collected under this subsection (5) must be deposited to the credit of the department of justice. Money collected may be used only by the department of justice for the purposes provided in subsection (5)(a).
     (6) If a manufacturer has certified a cigarette pursuant to this section and later makes any change to the cigarette that is likely to alter its compliance with the reduced cigarette ignition propensity standards required by this chapter, the cigarette may not be sold or offered for sale in this state until the manufacturer retests the cigarette in accordance with the testing standards provided in 50-65-102 and maintains records of the retesting as required by 50-65-102. Any altered cigarette that does not meet the performance standard provided in 50-65-102 may not be sold in this state.

     History: En. Sec. 3, Ch. 318, L. 2007.