§ 58-92-25. Marking of cigarette packaging. - North Carolina Statutes

§ 58‑92‑25. Marking of cigarette packaging.

(a)        Cigarettes that arecertified by a manufacturer in accordance with G.S. 58‑92‑20 shallbe marked to indicate compliance with the requirements of G.S. 58‑92‑15.The marking shall be in eight‑point type or larger and consist of one ofthe following:

(1)        Modification of theproduct UPC Code to include a visible mark printed at or around the area of theUPC Code. The mark may consist of alphanumeric or symbolic characterspermanently stamped, engraved, embossed, or printed in conjunction with theUPC.

(2)        Any visiblecombination of alphanumeric or symbolic characters permanently stamped,engraved, or embossed upon the cigarette package or cellophane wrap.

(3)        Printed, stamped,engraved, or embossed text that indicates that the cigarettes meet thestandards of this Article.

(b)        A manufacturershall use only one marking and shall apply this marking uniformly for allpackages, including, but not limited to, packs, cartons, and cases and brandsmarketed by that manufacturer.

(c)        The Commissionershall be notified as to the marking that is selected.

(d)        Prior to thecertification of any cigarette, a manufacturer shall present its proposedmarking to the Commissioner for approval. Upon receipt of the request, theCommissioner shall approve or disapprove the marking offered, except that theCommissioner shall approve:

(1)        Any marking in useand approved for sale in New York pursuant to the New York Fire SafetyStandards for Cigarettes, or

(2)        The letters"FSC," which signifies Fire Standards Compliant, appearing in eight‑pointtype or larger and permanently printed, stamped, engraved, or embossed on thepackage at or near the UPC Code.

(e)        Proposed markingsshall be deemed approved if the Commissioner fails to act within 10 businessdays of receiving a request for approval.

(f)         No manufacturershall modify its approved marking unless the modification has been approved bythe Commissioner in accordance with this section.

(g)        Manufacturerscertifying cigarettes in accordance with G.S. 58‑92‑20 shallprovide a copy of the certifications to all distributors and agents to whichthey sell cigarettes and shall also provide sufficient copies of anillustration of the package marking utilized by the manufacturer pursuant tothis section for each retail dealer to which the distributors or agents sellcigarettes. Distributors and agents shall provide a copy of these packagemarkings received from manufacturers to all retail dealers to which they sellcigarettes. Distributors, agents, and retail dealers shall permit theCommissioner, the Secretary of Revenue, the Attorney General, and theiremployees to inspect markings of cigarette packaging marked in accordance withthis section. (2007‑451,s. 1.)