§ 18-13-03 — Certification and product change (Contingent expiration date - See note)

1. Each manufacturer shall submit to the state fire marshal a written certification attesting
that each cigarette listed in the certification has been tested in accordance with section
18-13-02 and each cigarette listed in the certification meets the performance standard
set forth in subdivision c of subsection 1 of section 18-13-02.
2. Each cigarette listed in the certification must be described with the following
information:
a. Brand or trade name on the package;
b. Style, such as light or ultra light;
c. Length in millimeters;
d. Circumference in millimeters;
e. Flavor, such as menthol or chocolate, if applicable;
f. Filter or nonfilter;
g. Package description, such as soft pack or box;
h. Marking approved in accordance with section 18-13-04;
i. The name, address, and telephone number of the laboratory, if different than the
manufacturer that conducted the test; and
j. The date that the testing occurred.
3. The certifications must be made available to the insurance commissioner for purposes
consistent with this chapter and the state tax commissioner for the purposes of
ensuring compliance with this section.
4. Each cigarette certified under this section must be recertified every three years.
5. The state fire marshal shall establish an annual fee to defray the actual costs of the
processing, testing, enforcement, and oversight activities required by this chapter. All
fees collected must be deposited in the insurance regulatory trust fund.
6. If a manufacturer has certified a cigarette under this section and makes any change to
the cigarette which is likely to alter its compliance with the reduced cigarette ignition
propensity standards required by this chapter, that cigarette may not be sold or offered
for sale in this state until the manufacturer retests the cigarette in accordance with the
testing standards set forth in section 18-13-02 and maintains records of that retesting
as required by section 18-13-02. Any altered cigarette that does not meet the
performance standards set forth in section 18-13-02 may not be sold in this state.