Section 57-2B-4 - Certification and product change. - New Mexico Statutes

57-2B-4. Certification and product change. 

A.     Each manufacturer shall submit to the state fire marshal a written certification attesting that each cigarette listed in the certification has been tested in accordance with the test method and meets the performance standard in Section 3 [57-2B-3 NMSA 1978] of the Fire-Safer Cigarette and Firefighter Protection Act.

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

(1)     the brand or the trade name on the package;

(2)     the style, such as light or ultralight;

(3)     the length in millimeters;

(4)     the circumference in millimeters;

(5)     the flavor, such as menthol or chocolate, if applicable;

(6)     whether the cigarette has a filter or is a nonfilter cigarette;

(7)     the package description, such as soft pack or box;

(8)     the marking pursuant to Section 5 [57-2B-5 NMSA 1978] of the Fire-Safer Cigarette and Firefighter Protection Act;

(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 verify that the manufacture's certifications have been received by the state fire marshal and shall make the verified certifications available to the attorney general for purposes consistent with the Fire-Safer Cigarette and Firefighter Protection Act and to the taxation and revenue department for the purposes of ensuring compliance with this section. 

D.     Each cigarette certified under this section shall be recertified every three years.

E.     For each cigarette listed in a certification, a manufacturer shall pay to the state fire marshal a fee of two hundred fifty dollars ($250).  The state fire marshal may adjust the amount of the fee by rule on an annual basis as necessary to defray the costs of processing, testing, enforcement and oversight activities required by the Fire-Safer Cigarette and Firefighter Protection Act, but in no case shall the fee exceed four hundred dollars ($400).  The state fire marshal may establish the amount of the fee by rule on an annual basis. 

F.     If a manufacturer has certified a cigarette pursuant to this section, and thereafter makes any change to the cigarette that is likely to alter its compliance with the reduced cigarette ignition propensity standards required by the Fire-Safer Cigarette and Firefighter Protection Act, that cigarette shall not be sold or offered for sale in New Mexico until the manufacturer retests the cigarette in accordance with the testing standards set forth in Section 3 of that act and maintains records of that retesting as required by Section 3 of that act.  Any altered cigarette that does not meet the performance standard set forth in Section 3 of that act shall not be sold in New Mexico.