50-65-104. Marking on cigarette packaging. (1) Cigarettes that are certified by a manufacturer in accordance with 50-65-103 must be marked to indicate compliance with the requirements of 50-65-102. The marking must be in 8-point type or larger and consist of:

(a) modification of the universal product code to include a visible mark printed at or around the area of the code. The mark may consist of alphanumeric or symbolic characters permanently stamped, engraved, embossed, or printed in conjunction with the code;

(b) any visible combination of alphanumeric or symbolic characters permanently stamped, engraved, or embossed upon the cigarette package or cellophane wrap; or

(c) stamped, engraved, embossed, or printed text that indicates that the cigarettes meet the standards required in this chapter.

(2) A manufacturer may use only one marking and shall uniformly apply the marking to all packages, including but not limited to packs, cartons, and cases, and brands marketed by the manufacturer.

(3) The department of revenue must be notified of the marking that is selected.

(4) Prior to the certification of any cigarette, a manufacturer shall present its proposed marking to the department of revenue for approval. Upon receipt of the request, the department of revenue shall approve or disapprove the marking offered, except that the department of revenue shall approve any marking in use and approved for sale in New York pursuant to New York executive law section 156-c, the New York fire safety standards for cigarettes. Proposed markings must be considered to be approved if the department of revenue fails to act within 10 business days of receiving a request for approval.

(5) A manufacturer may not modify its approved marking unless the modification has been approved by the department of revenue in accordance with this section.

(6) Manufacturers certifying cigarettes in accordance with 50-65-103 shall provide a copy of the certification to all wholesale dealers and agents to whom they sell cigarettes and shall also provide sufficient copies of an illustration of the package marking used by the manufacturer pursuant to this section for each retail dealer to whom 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 whom they sell cigarettes.