§ 22-14-7-21 — Submission of certification; required information; fees; altered cigarettes

(a) Except as provided in subsection (d),
each manufacturer shall submit to the state fire marshal a written
certification attesting that:
(1) each cigarette listed in the certification has been tested as
required under section 13 or 15 of this chapter; and
(2) each cigarette listed in the certification meets the performance
standard in section 13(c) or 15 of this chapter.
(b) Each cigarette listed in the certification must include the
following information:
(1) Brand, or trade name on the package.
(2) Style, such as light or ultra light.
(3) Length in millimeters.
(4) Circumference in millimeters.
(5) Flavor, such as menthol, if applicable.
(6) Filter or nonfilter.
(7) Package description, such as soft pack or box.
(8) Marking under section 23 of this chapter.
(9) The name, address, and telephone number of the laboratory,
if different than the manufacturer that conducted the test.
(10) The date that the testing occurred.
(c) The certifications must be made available to the attorney general
for purposes consistent with this chapter and the department of state
revenue and the alcohol and tobacco commission for the purposes of
ensuring compliance with this section.
(d) Notwithstanding subsection (a), the state fire marshal may
accept as evidence of compliance with this chapter a certification
issued to:
(1) the New York State Department of State's Office of Fire
Prevention and Control; or
(2) the responsible entity of another state that has:
(A) substantially equivalent certification requirements relating
to reduced ignition propensity cigarettes; and
(B) the same test method and performance standard
requirements as provided in sections 13 and 15 of this chapter.
(e) Each cigarette listed in a certification submitted under this
section must be recertified every three (3) years.
(f) For each brand family listed in a certification submitted under
subsection (a) or (d), a manufacturer shall pay a fee to the state fire
marshal of eight hundred dollars ($800). The state fire marshal may
adjust the fee every three (3) years to ensure that the fee defrays the
actual costs of the processing, testing, enforcement, and oversight
activities required by this chapter under rules adopted by the fire
prevention and building safety commission. However, the fee for each
brand family may not exceed one thousand dollars ($1,000).
(g) If a manufacturer has certified a cigarette under this section, and
after submitting the certification, makes a change to the cigarette that
is likely to alter the cigarette's compliance with the reduced cigarette
ignition propensity standards required by this chapter, that cigarette
may not be sold or offered for sale in Indiana until the manufacturer
retests the cigarette under the testing standards in section 13 or 15 of
this chapter and maintains records of that retesting as required by
section 16 of this chapter. An altered cigarette that does not meet the
performance standard in section 13 or 15 of this chapter may not be
sold in Indiana.

Legislative History

As added by P.L.82-2008, SEC.1.