501 CMR, § 14.08 - Certification Process

(1) Each manufacturer shall submit the following to the Secretary's designee:

The Massachusetts Office of Cigarette Certification c/o The Massachusetts Department of Fire Services

P.O. Box 1025 ~ State Road

Stow, Massachusetts 01775;

(a) Written certification attesting that each cigarette brand style listed has been tested in accordance with M.G.L. c. 64C, § 2B, has complied with the performance standard as required, and has been tested within 365 calendar days of the requested certification period start or renewal date;

(b) All certification information required pursuant to M.G.L. c. 64C, § 2C, and;

(c) All proposed markings as required by M.G.L. c. 64C, § 2D.

(2) A fee of $3,000 per cigarette brand style listed in the application shall be submitted and made payable to: The Commonwealth of Massachusetts/Cigarette Fire Safety Fund.

(3) No fees shall be submitted by the manufacturer or accepted by the Commonwealth until an application for certification has been approved. Upon approval of an application for certification, the Commonwealth will provide the manufacturer with an invoice for the amounts due and owed.

(4) Payment of all fees shall be made to the Commonwealth of Massachusetts/Cigarette Fire Safety Fund in a manner approved by the Secretary.

(5) Each cigarette certified pursuant to M.G.L. c. 64C, § 2C shall be re-certified every three years.

(a) For certification renewals, the fee shall be $3,000.00 per cigarette brand style listed in the application.

(b) Beginning July 1, 2025, the certification expiration date for all certified cigarette brand styles shall be adjusted so that the certification expiration dates for all cigarette brand styles submitted by an individual manufacturer have the same certification expiration date.

(6) If a manufacturer submits an application for certification of a new cigarette brand style(s) prior to the expiration date of the manufacturer's actively certified products, and it is approved, the certification fee shall be prorated and the certification expiration date will be adjusted for the additional cigarette brand styles to align with the manufacturer's existing certification expiration date established pursuant to 501 CMR 14.08(5)(b).

(7) No cigarette brand style shall be published as certified until such time as all fees have been paid by the manufacturer.

(8) A copy of such certification shall be kept by the manufacturer and upon request, be made available to the Secretary and Attorney General of the Commonwealth.

(9) Manufacturers certifying cigarette brand styles in accordance with M.G.L. c. 64C, § 2C shall provide a copy of such certifications to all wholesale dealers and agents to which they sell cigarettes, and shall also provide sufficient copies of an illustration of the package marking utilized by the manufacturer pursuant to M.G.L. c. 64C, § 2D for each retailer to which the wholesale dealers or agents sell cigarettes. Wholesale dealers and agents shall provide a copy of these package markings received from manufacturers to all retail dealers to which they sell cigarettes. Wholesale dealers, agents, and retail dealers shall permit the Secretary, the Commissioner of the Department of Revenue, the Attorney General, or employees thereof, to inspect markings of cigarette packaging marked in accordance with M.G.L. c. 64C, § 2D.

Notes

501 CMR, § 14.08

Amended by Mass Register Issue 1323, eff. 10/7/2016. Amended by Mass Register Issue 1540, eff. 1/31/2025.