§ 23-20.11-6. Package markings.
(a) Cigarettes that are certified by a manufacturer in accordance with § 23-20.11-5 shall be marked to indicate compliance with the requirements of § 23-20.11-4. Such marking shall be in eight (8) point font type or larger and consist of:
(1) Modification of the product UPC Code to indicate a visible mark printed at or around
the area of the UPC Code. Such mark may consist of alphanumeric or symbolic character(s)
permanently stamped, engraved, embossed or printed in conjunction with the UPC; or
(2) Any visible combination of alphanumeric or symbolic character(s) permanently stamped,
engraved, or embossed upon the cigarette package or cellophane wrap; or
(3) Printed, stamped, engraved or embossed text that indicates that the cigarettes meet
the standards of this section.
(b) A manufacturer must use only one marking, and must apply this marking uniformly for
all packages (including, but not limited to, packs, cartons, and cases) and brands
marketed by that manufacturer.
(c) The director must be notified as to the marking that is selected.
(d) Prior to the certification of any cigarette, a manufacturer shall present its proposed
marking to the director for approval. Upon receipt of the request, the director shall
approve or disapprove the marking offered, except that the director shall approve
any marking in use and approved for sale in this state pursuant to the New York Fire
Safety Standards for Cigarettes. Proposed markings shall be deemed approved if the
director fails to act with ten (10) business days of receiving a request for approval.
(e) No manufacturer shall modify its approved marking unless the modification has been
approved by the director in accordance with this section.
(f) Manufacturers certifying cigarettes in accordance with § 23-20.11-5 shall provide a copy of such certifications to all wholesale dealers and agents to
which they sell cigarettes, and shall also provide sufficient copies of an illustration
of the package marking utilized by the manufacturer pursuant to section for each retail
dealer to which the wholesale dealers or agents sell cigarettes. Wholesale dealers
and agents shall provide a copy of these package markings received from manufacturers
to all retail dealers to which they sell cigarettes. Wholesale dealers, agents, and
retail dealers shall permit the director, the department of taxation, the attorney
general, their employees, or other law enforcement personnel, to inspect markings
of cigarette packaging marked in accordance with this section.