§ 58-92-20. Certification and product change. - North Carolina Statutes

§ 58‑92‑20. Certification and product change.

(a)        Each manufacturershall submit to the Commissioner a written certification attesting both of thefollowing:

(1)        Each cigarettelisted in the certification has been tested in accordance with G.S. 58‑92‑15.

(2)        Each cigarettelisted in the certification meets the performance standard set forth in G.S. 58‑92‑15.

(b)        Each cigarettelisted in the certification shall be described with the following information:

(1)        Brand or trade nameon the package.

(2)        Style, such as lightor ultralight.

(3)        Length inmillimeters.

(4)        Circumference inmillimeters.

(5)        Flavor, such asmenthol or chocolate, if applicable.

(6)        Filter or nonfilter.

(7)        Package description,such as soft pack or box.

(8)        Marking pursuant toG.S. 58‑92‑25.

(9)        The name, address,and telephone number of the laboratory, if different than the manufacturer thatconducted the test.

(10)      The date that thetesting occurred.

(c)        Certificationsshall be made available to the Attorney General for purposes consistent withthis Article and the Commissioner for the purposes of ensuring compliance withthis section.

(d)        Each cigarettecertified under this section shall be recertified every three years.

(e)        For eachcertification form, a manufacturer shall pay to the Commissioner a fee of twohundred fifty dollars ($250.00). The Commissioner may annually adjust this feeto ensure it defrays the actual costs of the processing, testing, enforcement,and oversight activities required by this Article.

(f)         There is establishedin the State treasury a separate, nonreverting fund to be known as the"Fire Safety Standard and Firefighter Protection Act EnforcementFund." The fund shall consist of all certification fees submitted bymanufacturers and shall, in addition to any other monies made available forsuch purpose, be available to the Commissioner solely to support processing,testing, enforcement, and oversight activities under this Article.

(g)        If a manufacturerhas certified a cigarette pursuant to this section, and thereafter makes anychange to such cigarette that is likely to alter its compliance with thereduced cigarette ignition propensity standards required by this Article, thatcigarette shall not be sold or offered for sale in this State until themanufacturer retests the cigarette in accordance with the testing standards setforth in G.S. 58‑92‑15 and maintains records of that retesting asrequired by G.S. 58‑92‑15. Any altered cigarette which does notmeet the performance standard set forth in G.S. 58‑92‑15 may not besold in this State. (2007‑451, s. 1.)