37-1401. Definitions (Conditionally Rpld.) In this article, unless the context otherwise requires: 1. " Agent" means a person who is authorized by the department of revenue to purchase and affix stamps on packages of cigarettes. 2. " Cigarette" means any roll of tobacco or any substitute for tobacco wrapped in paper or any substance not […]
37-1402. Test method and performance standard; civil penalty; reports (Conditionally Rpld.) A. Except as provided in subsection I of this section, cigarettes may not be sold or offered for sale in this state or offered for sale or sold to persons located in this state unless both of the following occur: 1. The cigarettes are […]
37-1403. Certification; product change; fee (Conditionally Rpld.) A. Each manufacturer shall submit to the office of the state fire marshal a written certification attesting that each cigarette listed in the certification: 1. Has been tested pursuant to section 37-1402. 2. Meets the performance standards prescribed in section 37-1402. B. The manufacturer shall describe each cigarette […]
37-1404. Markings; requirements; office of the state fire marshal approval (Conditionally Rpld.) A. A manufacturer shall mark cigarettes that are certified pursuant to section 37-1403 to indicate compliance with section 37-1402. The marking shall be in at least eight-point type and shall consist of either: 1. Modification of the product UPC code to include a […]
37-1405. Civil penalties; seizure (Conditionally Rpld.) A. A manufacturer, wholesaler, agent or other person or entity that knowingly sells or offers to sell cigarettes, other than through retail sale, in violation of section 37-1402 is subject to a civil penalty of not to exceed one hundred dollars for each pack of cigarettes sold or offered […]
37-1406. Implementation; rulemaking; inspection of cigarettes; definitions (Conditionally Rpld.) A. The office of the state fire marshal shall implement this article pursuant to the implementation and substance of the New York fire safety standards for cigarettes in section 156-c of the New York executive law and part 429 of title 19 of the New York […]
37-1407. Inspection (Conditionally Rpld.) To enforce this article, the attorney general and the office of the state fire marshal under the authority and direction of the state forester, or their employees, may examine the books, papers, invoices and other records of any person in possession, control or occupancy of any premises where cigarettes are placed, […]
37-1408. Sale outside of state (Conditionally Rpld.) This article does not prohibit any person or entity from manufacturing or selling cigarettes that do not meet the requirements of section 37-1402 if the cigarettes are or will be stamped for sale in another state or are packaged for sale outside of the United States and that […]
37-1409. State preemption The legislature finds that the safety standards prescribed in this article are of statewide concern. This article preempts regulation by a political subdivision of this state regarding the cigarette ignition propensity safety standards prescribed in this article.
