26-239 C.M.R. ch. 10, § 4 - EXEMPTIONS FOR FLAVORED CIGARETTES AND FLAVORED CIGARS FIRST ON THE MARKET PRIOR TO JANUARY 1, 1985

Current through 2022-14, April 6, 2022

1. Statement of Manufacturer that Flavored Cigarette or Flavored Cigar was First on the Market prior to January 1, 1985

The current manufacturer of a flavored cigarette or flavored cigar first on the market prior to January 1, 1985 wishing to apply for an exemption pursuant to 22 M.R.S.A. §1560-D(2)(A) and Section 3(1) of these Rules shall, on or with a form provided by the Attorney General, submit a statement for verification supported by the following:

A. The brand and brand style/s of the flavored cigarette or flavored cigar;
B. The original manufacturer of the flavored cigarette or flavored cigar;
C. The current manufacturer of the flavored cigarette or flavored cigar;
D. The original flavor of the flavored cigarette or flavored cigar;
E. The length and diameter of the flavored cigarette or flavored cigar prior to January 1, 1985;
F. A digital photo or other color image of the pre-1985 packaging of the flavored cigarette or flavored cigar;
G. A digital photo of the current packaging;
H. The number of flavored cigarettes/cigars, per package, prior to January 1, 1985;
I. The number of flavored cigarettes/cigars per current package;
J. The flavor imparting constituents that impart a characterizing flavor or aroma to the flavored cigarette or flavored cigar prior to January 1, 1985;
K. The current flavor imparting constituents that impart a characterizing flavor or aroma to the flavored cigarette or flavored cigar;
L. Any constituent ingredients other than flavor imparting constituents prior to January 1, 1985; and
M. Current constituent ingredients other than flavor imparting constituents.
2. Confidentiality of Information

Subject to the provisions of the Freedom of Access Act, Title 1 M.R.S.A. §§401 - 521, information submitted to the Attorney General pursuant to these rules may be designated as confidential. Any manufacturer claiming confidentiality pursuant to 1 M.R.S.A. §§401 - 521 must indicate such claim clearly on its reporting form, specifically identifying the information to be treated as confidential and citing to the specific privilege/s claimed. Any portion of an application for which such privilege is asserted will be treated as confidential until such time as a Freedom of Access request is made for that information. Upon receipt of such request for any of the information designated by the manufacturer as confidential, the Office of the Attorney General shall notify the manufacturer within 10 days of the request. The Office of the Attorney General may accommodate the public access request unless the manufacturer notifies the Office of Attorney General of its objection to the release of the data within 10 days of receiving notification of the public access request. Upon receipt of a manufacturer's objection, the Attorney General will make a determination whether the requested data falls within the claimed privilege. Upon making a determination the Attorney General will notify the data submitter and the data requester of that determination. Determinations under this provision are final agency action and subject to the appeal rights found in the Maine Administrative Procedure Act, 5 M.R.S.A. §§8001 - 11008. The burden shall be upon the manufacturer to demonstrate that any data claimed as confidential is not a public record and not subject to disclosure pursuant to 1 M.R.S.A. §§401 - 521. During any appeal of its determination, the Office of the Attorney General will treat the data for which confidentiality was asserted as confidential until a final judicial decision is rendered.

3. Verification- Upon verification based on the above submissions that the current flavored cigarette or flavored cigar was first on the market prior to January 1, 1985, the Office of Attorney General shall add the product to a list of flavored cigarettes and flavored cigars that are authorized for distribution and sale in the State.
4. Request for Reconsideration- Within 30 days of receipt of the determination of the Office of Attorney General refusing to grant an exemption for a product under 22 M.R.S.A. §1560-D(2)(A), an applicant may request reconsideration by submitting a written request for reconsideration.
A. The applicant must clearly state its reasons for requesting reconsideration.
B. The applicant must attach any additional or supplementary information it wishes to have considered in addition to its original submissions to its request for reconsideration.
C. Within 30 days of the receipt of a reconsideration request, the Office of Attorney General shall affirm, modify or reverse its original exemption determination.
D. Exemption determinations are considered final agency action for purposes of the Maine Administrative Procedure Act, 5 M.R.S.A. §§8001 - 11008, once the Office of the Attorney General has made its determination on the request for reconsideration.

Notes

26-239 C.M.R. ch. 10, § 4

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