28 Tex. Admin. Code § 34.1207 - Certification
(a) Submission of Form and Payment of Fees.
Before a cigarette variety may be sold or offered for sale in this state, the
manufacturer of the cigarette variety must:
(1) complete and submit to the SFMO:
(A) the Certification by Manufacturer for
Fire Standard Compliant Cigarette (FSCC), Form Number SF250, that is adopted by
reference in §
34.1212 of this subchapter
(relating to Promulgated and Alternate Certification Forms and Marking
Applications); or
(B) an
approved-for-use alternate certification form as specified in §
34.1212(c) of
this subchapter; and
(2)
pay the required certification fee for each variety of cigarette being
certified as specified in the Health and Safety Code §
796.005(e)
and §
34.1211(e) and
of this subchapter (relating to Certification Filing Fees).
(b) Scope of Certification. A
manufacturer may certify any number of cigarette varieties in a single filing
to the extent that the cigarette varieties:
(1) were all tested at the same testing
laboratory;
(2) were tested using
the same testing method and performance standard; and
(3) have the same manufacturer contact
information.
(c)
Validity Period for Certification. A certification that includes payment of all
required fees is considered valid until the SFMO disapproves the certification
submission in writing. Notice of disapproval shall be made in accordance with §
34.1203 of this subchapter
(relating to General Provisions Regarding Required and Voluntary
Submissions).
(d) Expiration of
Certification.
(1) To continue to sell a
cigarette variety that has been certified under this section the manufacturer
of that cigarette variety must, within three years of the certification date,
submit a new complete Certification by Manufacturer for Fire Standard Compliant
Cigarette (FSCC), Form Number SF250, or an approved-for-use alternate
certification form as specified in §
34.1212(c) of
this subchapter to the SFMO that is accompanied by all required certification
renewal fees specified in §32.1211(d) of this subchapter.
(2) Each certification period shall expire at
11:59 p.m. on the third anniversary of the date the certification is filed with
the SFMO.
(3) A wholesale dealer or
retailer may continue to sell a cigarette variety after the certification
period for the variety has expired if the cigarettes sold by the wholesale
dealer or retailer were purchased from a manufacturer before the expiration of
the certification period.
Notes
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