28 Tex. Admin. Code § 34.1210 - Marking of Package
(a) General
Requirements.
(1) The packaging of all
cigarettes varieties certified by the manufacturer to comply with the Health
and Safety Code Chapter 796 shall be marked in accordance with the provisions
of the Health and Safety Code §
796.006.
(2) A manufacturer shall use only one marking
method applied uniformly to all cigarette packaging of all varieties marketed
by the manufacturer for compliance with the Health and Safety Code Chapter
796.
(b) Submission of
Proposed Marking.
(1) Manufacturers must
submit their proposed marking to the SFMO along with a completed Application
for Fire Standard Compliant Cigarette Marking Approval, Form Number SF251, that
is adopted by reference in §
34.1212 of this subchapter
(relating to Promulgated and Alternate Certification Forms and Marking
Applications), or with a completed approved-for-use alternate marking
application form as specified in §
34.1212(c) of
this subchapter.
(2) The SFMO shall
not be deemed to receive an Application for Fire Standard Compliant Cigarette
Marking Approval, Form Number SF251 or an approved-for-use alternate marking
application on a Saturday, Sunday, or legal holiday. The day the Application
for Fire Standard Compliant Cigarette Marking Approval, Form Number SF251 or
the approved-for-use alternate marking application is received by the SFMO
shall not be included in computing the 10-day period.
(c) SFMO Approval or Disapproval.
(1) The SFMO shall approve or disapprove the
proposed marking within 10 business days after the date the completed
Application for Fire Standard Compliant Cigarette Marking Approval, Form Number
SF251 or the completed approved-for-use alternate marking application is
received by the SFMO.
(2) The SFMO
shall approve a marking that:
(A) is in use
and approved for sale in another state; or
(B) has the letters "FSC" for Fire Standards
Compliant appearing in eight-point or larger type and permanently printed,
stamped, engraved, or embossed on the package at or near the Universal Product
Code.
(3) Pursuant to
the Health and Safety Code §
796.006(b)
if the marking is not disapproved within the 10 business days after the
completed Application for Fire Standard Compliant Cigarette Marking Approval,
Form Number SF251 or the completed approved-for-use alternate marking
application form is received, the proposed marking method shall be deemed
approved.
(4) If the SFMO approves
the proposed marking method under the requirements specified in the Health and
Safety Code §
796.006, the
SFMO shall provide the manufacturer with written acknowledgement that the
proposed marking method has been approved. Notice of approval shall be made in
accordance with §
34.1203 of this subchapter
(relating to General Provisions Regarding Required and Voluntary
Submissions).
(5) If the SFMO
disapproves the proposed marking method under the requirements specified in the
Health and Safety Code §
796.006, the
SFMO shall provide the manufacturer with written notice that the marking method
may not be used by the manufacturer. Notice of disapproval shall be made in
accordance with §
34.1203 of this subchapter. The
manufacturer may correct the application or appeal the disapproval as described
in §
34.1203 of this
subchapter.
(d)
Modification of Approved Marking. A manufacturer shall not modify an approved
marking without first submitting a completed Application for Fire Standard
Compliant Cigarette Marking Approval, Form Number SF251, or a completed
alternate marking application as specified in §
34.1203(b)(2) of
this subchapter as set forth in this section and obtaining prior approval of
the proposed marking method by the SFMO.
Notes
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