§16–604.    IN EFFECT

    ** CONTINGENCY – IN EFFECT – CHAPTER 497 OF 2007 **

    (a)    Cigarettes that have been certified in accordance with § 16–603 of this subtitle shall be marked in accordance with the requirements of this section.

    (b)    The marking shall:

        (1)    consist of:

            (i)    any marking in use and approved for sale in New York under the New York fire safety standards for cigarettes; or

            (ii)    the letters “FSC” to signify Fire Standards Compliant;

        (2)    be in a font of at least 8 point type; and

        (3)    be permanently printed, stamped, engraved, or embossed on the package at or near the area of the UPC code, if present.

    (c)    A manufacturer may propose an alternative marking that:

        (1)    meets the criteria under subsection (b)(2) and (3) of this section; and

        (2)    consists of a visible combination of alphanumeric or symbolic characters or text permanently stamped, engraved, embossed, or printed:

            (i)    in conjunction with the UPC code; or

            (ii)    on the cigarette pack or cellophane wrap.

    (d)    (1)    A manufacturer shall request approval of a proposed marking from the Executive Director.

        (2)    (i)    The Executive Director shall approve a marking specified in subsection (b)(1) of this section.

            (ii)    A marking is deemed approved if the Executive Director fails to act within 10 business days after receiving a request for approval.

        (3)    A manufacturer may not use a modified marking unless the modification has been approved in accordance with this section.

        (4)    A manufacturer shall use only one marking on all brands that the manufacturer markets.

        (5)    A marking or modified marking approved by the Executive Director shall be applied uniformly on all brands marketed and on all packages, including packs, cartons, and cases marketed by that manufacturer.