(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.Cal. Code Regs. Tit. 11, § 999.30
Note: Authority cited: Sections 14950, 14951, 14952, 14953, 14954, 14955, 14956, 14957, 14958 and 14959, Health and Safety Code; Section 30165.1, Revenue and Taxation Code. Reference: Sections 14950, 14951, 14952, 14953, 14954, 14955, 14956, 14957, 14958 and 14959, Health and Safety Code; Section 30165.1, Revenue and Taxation Code.
Note: Authority cited: Sections 14950, 14951, 14952, 14953, 14954, 14955, 14956, 14957, 14958 and 14959, Health and Safety Code; and Section 30165.1, Revenue and Taxation Code. Reference: Sections 14950, 14951, 14952, 14953, 14954, 14955, 14956, 14957, 14958 and 14959, Health and Safety Code; and Section 30165.1, Revenue and Taxation Code.
1. New section filed 6-19-2023 as an emergency; operative 6/19/2023 (Register 2023, No. 25). A Certificate of Compliance must be transmitted to OAL by 12-18-2023 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-19-2023 order transmitted to OAL 11-17-2023 and filed 12/28/2023 (Register 2023, No. 52).