***** 29.497 THIS SECTION IS REPEALED BY ACT 56 OF 2009 ON THE DATE THAT THE DIRECTOR NOTIFIES THE SECRETARY OF STATE IN WRITING THAT A FEDERAL REDUCED CIGARETTE IGNITION

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***** 29.497 THIS SECTION IS REPEALED BY ACT 56 OF 2009 ON THE DATE THAT THE DIRECTOR NOTIFIES THE SECRETARY OF STATE IN WRITING THAT A FEDERAL REDUCED CIGARETTE IGNITION PROPENSITY STANDARD THAT PREEMPTS THIS ACT HAS BEEN ADOPTED AND IS IN EFFECT: See 29.511 *****

29.497 Certification or recertification.

Sec. 7.

(1)A manufacturer shall certify cigarettes for the purposes of this act by submitting a written certification to the department attesting that each cigarette listed in the certification has been tested in compliance with section 5 and that each cigarette listed in the certification meets the performance standard described in section 5(3).

(2)A manufacturer shall include in the certification described in subsection

(1)all of the following information for each cigarette listed in the certification:

(a)Its brand or the trade name on the package.

(b)Its style, such as light or ultra light.

(c)Its length in millimeters.

(d)Its circumference in millimeters.

(e)Its flavor, such as menthol or chocolate, if applicable.

(f)Whether it is a filter or nonfilter cigarette.

(g)A package description, such as soft pack or box.

(h)The package markings under section 11.

(i)If it is a person other than the manufacturer, the name, address, and telephone number of the laboratory that conducted the test of the cigarette.

(j)The date that the testing of the cigarette occurred.

(3)The department shall make the certifications submitted to it under subsection

(1)available to the attorney general and the department of treasury for the purpose of ensuring compliance with this act or any other purpose consistent with this act.

(4)A manufacturer must recertify any cigarette certified under this section every 3 years.

(5)If a manufacturer makes a change to a cigarette certified pursuant to this section that is likely to alter its compliance with the reduced cigarette ignition propensity standards required by this act, a person shall not sell that cigarette in this state until the manufacturer retests the cigarette under section 5 and maintains records of that retesting as required under section 5(8). A person shall not sell in this state an altered cigarette that does not meet the performance standard described in section 5(3).

History: 2009, Act 56 , Eff. Jan. 1, 2010