(a)
Definitions
The following definitions apply to this section.
(1) "FSC Cigarette(s)" shall have the same
meaning as cigarette in Health and Safety Code section 14950(b)(1). FSC
Cigarettes do not include Roll-Your-Own tobacco as defined in section
999.10, subdivision
(b)(37).
(2) "FSC Manufacturer"
shall have the same meaning as manufacturer in Health and Safety Code section
14950(b)(4).
(3) "FSC Mark(ed)" and
"FSC Marking" shall mean FSC Cigarettes marked in accordance with section 14954
of the Health and Safety Code.
(4)
"FSC Test(ed)" and "FSC Testing" shall mean FSC Cigarettes that satisfy the
testing requirements of section 14952 of the Health and Safety Code.
(5) "JUS-TOB8" means the Brand List form
(JUS-TOB8, Rev. 02/2023), which is hereby incorporated by reference.
(6) "JUS-TOB15" means the California Fire
Standard Compliant Certification (JUS-TOB15, Orig. 02/2023) form, which is
hereby incorporated by reference.
(b) FSC Act Certification
(1) FSC Manufacturers shall submit their FSC
Act certifications to the Department using the JUS-TOB15 and JUS-TOB8 forms. On
the JUS-TOB15 form, FSC Manufacturers shall accurately attest whether the FSC
Cigarettes they are certifying are fabricated, FSC Tested, and FSC Marked in
accordance with the FSC Act. FSC Manufacturers shall attach a JUS-TOB8 form
that identifies the FSC Cigarette brand styles certified by populating columns
E, F, and P through V of the JUS-TOB8.
(2) JUS-TOB8 forms submitted to the
Department for California Tobacco Directory certifications shall also populate
columns P through V of form JUS-TOB8 to confirm FSC Act Compliance.
(3) Designation of off-Directory brands
certified under the FSC Act: In Part IV.A of the JUS-TOB15 form, the FSC
Manufacturer's FSC Act certifications shall designate whether they are
currently listed on the California Tobacco Directory, as defined by section
999.10(b)(3). In
Parts IV.B and IV.C of the JUS-TOB15 form, FSC Manufacturers shall identify any
off-Directory FSC Cigarettes being certified under the FSC Act by marking both
the JUS-TOB15 form and identifying all of the off-Directory brand styles being
FSC Certified to the Department with an "X" in column D of the attached
JUS-TOB8.
(4) FSC Manufacturers may
email their FSC certifications to tobacco@doj.ca.gov or mail them to the
Tobacco Unit, Office of the Attorney General, P. O. Box 944255, Sacramento, CA
94244-2550.
(5) Record retention:
FSC Manufacturers shall keep, maintain, and send to the Department upon request
all FSC Testing reports and data in support of their FSC certifications for
three years after each certification to the Department.
(c) FSC Certification Timing
(1) Before FSC Cigarettes are sold, possessed
for sale, or offered for sale in California, FSC Manufactures shall certify to
the Department attesting that each brand style of FSC Cigarette sold in
California has been FSC Tested, FSC Marked, and meets the performance standard
set forth in Health and Safety Code section 14952(b).
(2) FSC Certifications expire after three
years and must be recertified to the Department.
(3) FSC Test results expire after four years
and must be resubmitted to the Department.
