| (a) Promulgated Certification by Manufacturer for Fire
Standard Compliant Cigarette. The commissioner adopts by reference
the Certification by Manufacturer for Fire Standard Compliant Cigarette
(FSCC), which contains instructions for completion of the form; information
regarding certification fees; requires information to be provided
regarding the certification type, cigarette manufacturer, testing
entity, test method, testing and quality assurance program, and cigarette
variety information required by Health and Safety Code §796.005.
The form is available at the department's website at www.tdi.texas.gov/forms/forms18.html.
(b) Promulgated Application for Fire Standard Compliant
Cigarette Marking Approval. The commissioner adopts by reference the
Application for Fire Standard Compliant Cigarette Marking Approval,
which contains instructions for completion of the form and requires
information to be provided regarding the cigarette manufacturer, marking
approval, and a certification that the manufacturer will or has provided
required information to cigarette wholesale dealers and agents. The
form is available at the department's website at www.tdi.texas.gov/forms/forms18.html.
(c) Alternate Certification Form or Marking Application.
The information required by the promulgated certification form or
marking application may be submitted in an alternate form in lieu
of the promulgated certification form or marking application.
(1) Manufacturers may submit either an alternate form
in lieu of the promulgated certification form or an alternate form
in lieu of the promulgated marking application or both an alternate
certification form and alternate marking application. Manufacturers
may submit an alternate certification form in conjunction with the
promulgated Application for Fire Standard Compliant Cigarette Marking
Approval. Manufacturers may submit an alternate marking application
in conjunction with the promulgated Certification by Manufacturer
for Fire Standard Compliant Cigarette (FSCC).
(2) The alternate form must be approved by the SFMO
before the form may be used to file the information required in the
promulgated certification form or marking application.
(3) A manufacturer may submit a request to the SFMO
to use an alternate form in accordance with §34.1203 of this
title (relating to General Provisions Regarding Required and Voluntary
Submissions).
(4) Submission of an alternate form in lieu of the
promulgated certification or marking application is not required and
is at the option of the manufacturer.
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