Mich. Admin. Code R. 29.461

Current through Vol. 24-21, December 1, 2024

Section R. 29.461 - Registration and Certification requirements

Rule 11.

(1) The cigarette manufacturer shall register cigarettes by brand families and brand styles for 3 years under MCL 29.497 and these rules.

(2) The cigarette manufacturer shall do all of the following:

(a) Identify a responsible individual who is authorized to act for the manufacturer to certify cigarettes that are distributed within the state of Michigan.

(b) Submit a request for FSC packaging mark approval to the state fire marshal under instructions provided by the bureau of fire services available at the bureau website

( http://www.michigan.gov/documents/dleg/Fire_Safe_Cigarettes_Website_Items_298 587_7.pdf ) and in compliance with R 29.463.

(c) Maintain records and submit those records upon request to the State Fire Marshal in accordance with provisions of MCL 29.495, Section 5(8).

(d) Submit a written certification attesting that each style of cigarette listed in the certification has been subjected to testing as in MCL 29.495 and meets the fire safety performance standard described in MCL 29.495 not later than the time of application.

(e) Complete and submit the registration application as required by the bureau of fire services at its website at www.michigan.gov/fscregistration.

(f) Submit fees required under MCL 29.499 at time of application by electronic transfer, check, money order, or credit card.

(3) A manufacturer may add a new cigarette brand style to a previously registered brand family at any time without any fee, by submitting the required information for the new brand under MCL 29.497. The registration period for the newly added brand style shall not exceed the registration period of its parent brand family. However, a manufacturer shall not distribute any newly-added brand style to any wholesale or secondary wholesale dealer in the state of Michigan, as regulated under the tobacco products tax act, 1993 PA 327, MCL 205.422, until it is registered with the state fire marshal.

(4) A manufacturer may introduce a new brand family for distribution and sale in the state of Michigan at any time by complying with subrule (1) of this rule. The fee for the registration of a new brand family is prescribed under MCL 29.499.

(5) Failure to pay the appropriate fee or incomplete applications shall result in automatic disapproval of the application for registration in this state. The state fire marshal shall provide a reasonable opportunity for a manufacturer to correct and resubmit incomplete applications.

(6) Uncertified styles associated with a certified and registered or uncertified and unregistered brand family shall not be sold in Michigan after the effective date of the act.

Mich. Admin. Code R. 29.461

2011 AACS