§ 23-20.11-5. Certification of compliance by manufacturers.
(a) Each manufacturer shall submit to the director a written certification attesting that:
(1) Each cigarette listed in the certification has been tested in accordance with § 23-20.11-4 of this act;
(2) Each cigarette listed in the certification meets the performance standard set forth
under § 23-20.11-4 of this act.
(b) Each cigarette listed in the certification shall be described with the following information:
(1) Brand (i.e., the trade name on the package);
(2) Style (e.g., light, ultra light);
(3) Length in millimeters;
(4) Circumference in millimeters;
(5) Flavor (e.g., menthol, chocolate), if applicable;
(6) Filter or non-filter;
(7) Package description (e.g., soft pack, box);
(8) The marking approved in accordance with § 23-20.11-6 of this act;
(9) The name, address and telephone number of the laboratory, if different than the manufacturer
that conducted the test; and
(10) The date that the testing occurred.
(c) Such certifications shall be made available to the attorney general and the department
of taxation for the purposes of ensuring compliance with this section. Each cigarette
certified under this section shall be recertified every three (3) years.
(d) For each certification a manufacturer shall pay to the director a two hundred and
fifty dollar ($250) fee. The director shall have the power to adjust this fee to an
amount sufficient only to provide for processing, testing, enforcement and oversight
activities related to this chapter.
(e) There is hereby established in the custody of the state comptroller a special fund
to be known as the "Reduced Cigarette Ignition Propensity and Firefighter Protection
Act Enforcement Fund�. Such fund shall consist of all certification fees submitted
by manufacturers, and shall, in addition to any other monies made available for such
purpose, be available to the department of health and shall be used solely to support
state processing, testing, enforcement and oversight activities related to this chapter.
All payments from the Reduced Cigarette Ignition Propensity and Firefighter Protection
Act Enforcement Fund shall be made on the audit and warrant of the state treasurer
on vouchers certified and submitted by the director.
(f) If a manufacturer has certified a cigarette pursuant to this section, and thereafter
makes any change to such cigarette that is likely to alter its compliance with the
reduced cigarette ignition propensity standards mandated by this chapter, then before
such cigarette may be sold or offered for sale in this state such manufacturer shall
retest such cigarette in accordance with the testing standards prescribed in § 23-20.11-4 of this act and maintain records of such retesting as required in § 23-20.11-4 of this act. Any such altered cigarette which does not meet the performance standard
set forth in § 23-20.11-4 of this act may not be sold in the state.