8 CCR 1507-52-3 - ACCEPTANCE REQUIREMENTS

3.1. Except as otherwise provided in Section 10, no cigarettes shall be sold or offered for sale in this state, or offered for sale or sold to persons located in this state, after July 31, 2009, without a certification accepted by the Division. The Division will accept certifications based upon the submission of the information and fees required by this regulation. The Division will provide manufacturers a reasonable timeframe to provide missing information or to pay the required fee.

3.2. Acceptance requirements. In order to be accepted:

3.2.1. The cigarettes must have been tested in accordance with the test method and meet the performance standard specified in Section 4 of this rule;

3.2.2. A written certification of the test and performance results required in Section 4 must have been filed by the manufacturer with the Administrator;

3.2.3. An application for each brand family, which lists each cigarette within the brand family seeking acceptance, must be filed with the Administrator;

3.2.4. The fees specified in 3.5 must be paid in full; and

3.2.5. The cigarettes must be marked in accordance with Section 5 of this rule.

3.3. Certification of testing and test results by the manufacturer.

3.3.1. Each manufacturer shall submit to the Administrator a written certification attesting that each cigarette listed in the certification:

3.3.1.1. Has been tested in accordance with Section 4 of this rule; and

3.3.1.2. Meets the performance standard set forth in Section 4 of this rule.

3.3.2. Each cigarette listed in the certification submitted pursuant to paragraph 3.2.3 shall be described with the following information:

3.3.2.1. Brand or trade name on the package;

3.3.2.2. Style, such as full flavor or Blue;

3.3.2.3. Length in millimeters;

3.3.2.4. Circumference in millimeters;

3.3.2.5. Flavor, menthol or non-menthol as applicable;

3.3.2.6. Filter or no filter;

3.3.2.7. Package description, such as soft pack or hard pack;

3.3.2.8. Marking pursuant to subsection 5 of this section;

3.3.2.9. The name, address, and telephone number of the laboratory that conducted the tests, if different from that of the manufacturer; and

3.3.2.10. The date that the testing occurred.

3.3.3. Certifications under this Subsection 3.3 shall be made available to the Attorney General for purposes consistent with Section 24-33.5-1214 (3), C.R.S. and to the Department of Revenue for the purpose of ensuring compliance with the Section 24-33.5-1214 (3), C.R.S.

3.4. Certification Application and Recertification Procedures

3.4.1. An applicant must apply for certification in a format provided by the Division. Application instructions are available on the Division's website (dfpc.colorado.gov/FLS).

3.4.2. Each cigarette certified under this rule shall be subject to recertification every three years.

3.5. Fees - At the time it submits a written certification under this rule, a manufacturer shall pay to the Department of Public Safety a fee of one thousand dollars ($1,000.00) for each brand family of cigarettes listed in the certification. The fee paid shall apply to all cigarettes within the brand family certified and shall include any new cigarette certified within the brand family during the three-year certification period.

3.6. Changes to Cigarettes - If a manufacturer has certified a cigarette pursuant to this rule, and thereafter makes any change to such cigarette that is likely to alter its compliance with the reduced ignition propensity standard required by Section 24-33.5-1214, C.R.S., such 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 Section 4 of this rule and maintains records of the retesting as required by Section 7 of this rule. Any altered cigarette that does not meet the performance standard set forth in Section 4 may not be sold in this state.

3.7. Notification of acceptance of certification will be sent to the manufacturer. Notifications by the Division will be effective on the date indicated on the certificate e-mailed to the manufacturer.

3.8. Lists of certified cigarettes.

3.8.1. The Division will maintain a list of cigarettes certified under Section 24-33.5-1214, C.R.S. and this rule on its website.

3.8.2. The Division will provide the Department of Revenue and the Attorney General a current list of cigarettes certified under Section 24-33.5-1214, C.R.S. and this rule.

Notes

8 CCR 1507-52-3

45 CR 23, December 10, 2022, effective 12/30/2022 46 CR 19, October 10, 2023, effective 10/30/2023