§ 22-14-7-23 — Cigarette packaging marks

Indiana § 22-14-7-23

• Jurisdiction: Indiana
• Art. 14: FIRE SAFETY LAWS: ENFORCEMENT
• Ch. 7: Reduced Ignition Propensity Standards for Cigarettes

Text

(a) Packages of cigarettes that are certified
by a manufacturer under section 21 of this chapter must be marked to
indicate compliance with the requirements of section 12 of this chapter.
The marking must be in eight (8) point type or larger and consist of:
(1) modification of the product UPC bar code to include a visible
mark printed at or around the area of the UPC bar code. The mark
may consist of alphanumeric or symbolic characters permanently
stamped, engraved, embossed, or printed in conjunction with the
UPC bar code;
(2) any visible combination of alphanumeric or symbolic
characters permanently stamped, engraved, embossed, or printed
upon the cigarette package or cellophane wrap; or
(3) stamped, engraved, embossed, or printed text that indicates
that the cigarettes meet the standards of this chapter.
(b) A manufacturer shall use only one (1) marking and shall apply
this marking uniformly for all packages, including packs, cartons, and
cases, and brands marketed by that manufacturer.
(c) The manufacturer shall notify the state fire marshal of the
marking that is selected.
(d) Before certification of any cigarette, a manufacturer shall submit
the manufacturer's proposed marking to the state fire marshal for
approval. Upon receipt of the request, the state fire marshal shall
approve or disapprove the marking offered, except that the state fire
marshal shall approve:
(1) a marking in use and approved for sale in New York under the
New York Fire Safety Standards for Cigarettes; or
(2) the letters "FSC," which signifies Fire Standards Compliant,
appearing in eight (8) point type or larger and permanently
stamped, engraved, embossed, or printed on the package at or
near the UPC bar code.
Proposed markings are considered approved if the state fire marshal
fails to act within ten (10) business days after receiving a request for
approval.
(e) A manufacturer may not modify its approved marking unless the
modification has been approved by the state fire marshal under this
section.
(f) A manufacturer certifying cigarettes under section 21 of this
chapter shall:
(1) provide a copy of the certifications to all wholesale dealers
and agents to which the manufacturer sells cigarettes; and
(2) provide sufficient copies of an illustration of the package
marking used by the manufacturer under this section for each
retail dealer to which the wholesale dealers or agents sell
cigarettes.
Wholesale dealers and agents shall provide a copy of the package
markings received from the manufacturers to all retail dealers to which
the wholesale dealer or agent sells cigarettes. Wholesale dealers,
agents, and retail dealers shall permit the state fire marshal, the
department of state revenue, the alcohol and tobacco commission, and
their employees to inspect markings on the cigarette packaging.

Legislative History

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