North Carolina § 58-92-20 - Certification and product change.

§ 58-92-20. Certification and product change.

Each manufacturer shall submit to the Commissioner a written certification attesting both of the following: Each cigarette listed in the certification has been tested in accordance with G.S. 58-92-15. Each cigarette listed in the certification meets the performance standard set forth in G.S. 58-92-15. Each cigarette listed in the certification shall be described with the following information: Brand or trade name on the package. Brand style, as defined in G.S. 58-92-10(1a). Length in millimeters. Circumference in millimeters. Flavor, such as menthol or chocolate, if applicable. Filter or nonfilter. Package description, such as soft pack or box. Marking pursuant to G.S. 58-92-25. The name, address, and telephone number of the laboratory, if different than the manufacturer that conducted the test. The date that the testing occurred. Certifications shall be made available to the Attorney General for purposes consistent with this Article and the Commissioner for the purposes of ensuring compliance with this section. Each cigarette certified under this section shall be recertified every three years. For each brand style listed in a certification, a manufacturer shall pay to the Commissioner a fee of two hundred fifty dollars ($250.00). The Commissioner may annually adjust this fee to ensure it defrays the actual costs of the processing, testing, enforcement, fire safety, and oversight activities required by this Article. There is established in the State treasury a separate, nonreverting fund to be known as the "Fire Safety Standard and Firefighter Protection Act Enforcement Fund." The 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 Commissioner solely to support processing, testing, enforcement, and oversight activities under this Article. For the purposes of this Article, fire safety shall include community education and outreach and the provision and installation of fire safety devices in high-risk and high-need locations throughout the State. 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 required by this Article, that cigarette shall 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 G.S. 58-92-15 and maintains records of that retesting as required by G.S. 58-92-15. Any altered cigarette that does not meet the performance standard set forth in G.S. 58-92-15 shall not be sold in this State. History (2007-451, s. 1; 2010-101, s. 2; 2016-78, s. 2.2.) Editor's Note. - Session Laws 2016-78, s. 2.3, provides: "The Office of State Fire Marshal, Department of Insurance, shall study, in consultation with the North Carolina State Firemen's Association [North Carolina State Firefighters' Association], the North Carolina Association of Fire Chiefs, the North Carolina Association of Rescue and Emergency Medical Services, the North Carolina League of Municipalities, and the North Carolina Association of County Commissioners, and make recommendations regarding the issue of declining recruitment and retention of volunteer firefighters in North Carolina to the General Assembly on or before the convening of the 2018 Legislative Session. The recommendations shall include at least the following: "(1) Assessment of existing programs, initiatives, and efforts to increase the number of volunteer firefighters protecting their communities across the State. "(2) Assessment of other states' programs, initiatives, and efforts to increase the number of volunteer firefighters protecting their communities. "(3) Consideration of financial incentive programs that may be offered to encourage increased volunteer firefighter participation rates, including tax incentives, rebates, or other initiatives. "(4) The impact of current programs and viability of expansion of high school based programs providing firefighter training statewide. "(5) Other issues, initiatives, or matters deemed relevant to consideration of and action on this issue by the Office of State Fire Marshall and its collaborators. "(6) Recommendations for legislative action, if any, to address the issue of recruitment and retention of volunteer firefighters statewide." Effect of Amendments. - Session Laws 2010-101, s. 2, effective July 1, 2010, rewrote subdivision (b)(2), which formerly read: "Style, such as light or ultra light"; in subsection (e), substituted "For each brand style listed in a certification" for "For each certification form"; and in the last sentence in subsection (g), substituted "shall not be sold in this State" for "may not be sold in this State" and made a minor grammatical change. Session Laws 2016-78, s. 2.2, effective June 30, 2016, inserted "fire safety" in the second sentence of subsection (e); and added the last sentence in subsection (f).