8 CCR 1507-52-5 - LABELING

5.1. Except as otherwise provided 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, unless the cigarettes have been marked in accordance with this Section 5.

5.2. Effective July 31, 2009, cigarettes that are certified by a manufacturer in accordance with Section 3 shall be marked to indicate compliance with the requirements of Section 24-33.5-1214 (4), C.R.S. Such marking shall be in eight-point type or larger and shall consist of one or more of the following:

5.2.1. Modification of the package's UPC symbol to include a visible mark printed at or around the area of the UPC symbol. The mark may consist of alphanumeric or symbolic characters permanently stamped, engraved, embossed, or printed in conjunction with the UPC symbol.

5.2.2. Any visible combination of alphanumeric or symbolic characters permanently stamped, engraved, embossed, or printed on the cigarette package or cellophane wrap; or

5.2.3. Stamped, engraved, embossed, or printed text that indicates that the cigarettes meet the standards of Section 24-33.5-1214, C.R.S.

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

5.4. The manufacturer shall notify the Division as to the marking selected by the manufacturer.

5.5. A manufacturer shall not modify its approved marking unless the modification has been approved by the Division. This Subsection 5.5 shall not apply if the modified marking is a pre-approved marking pursuant to 5.7.

5.5.1. If the manufacturer modifies its approved marking with a pre-approved marking pursuant to 5.7, the manufacturer will notify the Division of the modification.

5.6. Unless pre-approved pursuant to 5.7, prior to the certification of any cigarette, the manufacturer shall present its proposed marking to the Division, which shall have discretion to approve or disapprove the marking.

5.6.1. Proposed markings shall be deemed approved, unless the Division notifies the manufacturer of a disapproval within ten business days after the Division's receipt of a complete request for approval. Disapproval notifications by the Division will be effective on the date a notification letter is postmarked or a notification is e-mailed.

5.7. Pre-Approved Markings

5.7.1. The following markings are pre-approved by the Division and need not be submitted to the Division for approval prior to their use by a manufacturer:

5.7.1.1. Any marking in use and approved for sale in New York pursuant to the New York fire safety standards for cigarettes; or

5.7.1.2. The letters "FSC", signifying "fire standards compliant", appearing in eight-point type or larger and permanently stamped, engraved, embossed, or printed on the package at or near the UPC symbol.

Notes

8 CCR 1507-52-5

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