Section 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.28 Tex. Admin. Code § 34.1207
The provisions of this §34.1207 adopted to be effective December 31, 2008, 33 TexReg 10443