53-7-405 - Marking of cigarette packaging. - Utah Statutes

53-7-405. Marking of cigarette packaging.
(1) Cigarettes that are certified by a manufacturer in accordance with Section 53-7-404shall be marked to indicate compliance with the requirements of Section 53-7-403. The markingshall be in eight-point type or larger and consist of:
(a) modification of the product UPC code to include a visible mark printed at or aroundthe area of the UPC code, which may include alphanumeric or symbolic characters permanentlystamped, engraved, embossed, or printed in conjunction with the UPC;
(b) any visible combination of alphanumeric or symbolic characters permanentlystamped, engraved, or embossed upon the cigarette package or cellophane wrap; or
(c) printed, stamped, engraved, or embossed text that indicates that the cigarettes meetthe standards of this part.
(2) A manufacturer shall use only one marking, and shall apply this marking uniformlyfor all packages marketed by the manufacturer, including:
(a) packs;
(b) cartons;
(c) cases; and
(d) any brands marketed by that manufacturer.
(3) The manufacturer shall notify the state fire marshal of the marking that it has selectedin accordance with Subsection (2).
(4) Prior to the certification of any cigarette, a manufacturer shall present its proposedmarking to the state fire marshal for approval. Upon receipt of the request, the state fire marshalshall approve or disapprove the marking offered, except that the state fire marshal shall approveany marking in use and approved for sale in New York pursuant to the New York Fire SafetyStandards for Cigarettes. Proposed markings shall be considered approved if the state firemarshal fails to act within 10 business days of receiving a request for approval.
(5) No manufacturer shall modify its approved marking unless the modification has beenapproved by the state fire marshal in accordance with this section.
(6) (a) Manufacturers certifying cigarettes in accordance with Section 53-7-404 shallprovide:
(i) a copy of the certifications to all wholesale dealers and agents to which they sellcigarettes; and
(ii) sufficient copies of an illustration of the package marking utilized by themanufacturer pursuant to this section for each retail dealer to which the wholesale dealers oragents sell cigarettes.
(b) Wholesale dealers and agents shall provide a copy of the package markings receivedfrom manufacturers under Subsection (6)(a) to all retail dealers to which they sell cigarettes.
(c) Wholesale dealers, agents, and retail dealers shall permit the state fire marshal, theState Tax Commission, the attorney general, and their employees to inspect markings of cigarettepackaging marked in accordance with this section.

Enacted by Chapter 362, 2007 General Session