Sec. 03.02.06.03. Fire Safety Cigarette Certification List

A. The Comptroller shall prepare a Fire Safety Cigarette Certification List which list shall identify each cigarette:

(1) Whose certification has been approved by the Comptroller as meeting the performance standard under Business Regulation Article, §16-602, Annotated Code of Maryland; and

(2) That is a style of a brand family of a tobacco product manufacturer certified by the Attorney General.

B. The Fire Safety Cigarette Certification List may be updated by the Comptroller four times a year on the first day of each quarter of the calendar year.

C. A cigarette shall be removed from the Fire Safety Cigarette Certification List if it:

(1) Is a style of a brand family of a tobacco product manufacturer that has not been certified by the Attorney General;

(2) Fails to be recertified in accordance with Business Regulation Article, §16-603(d), Annotated Code of Maryland; or

(3) May not be sold in the State, because it does not comply with federal law or regulations.

D. Cigarette Removal from Certification List and Hearings.

(1) If a cigarette is removed from the Fire Safety Cigarette Certification List by the Comptroller, prompt written notification shall be sent to the manufacturer setting forth the reasons for such action. A manufacturer may request a hearing before the Comptroller within 30 days of receipt of the written notification.

(2) If a hearing is requested as provided in §D(1) of this regulation, the Comptroller shall give notice and hold the hearing in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

(3) A cigarette removed from the list is considered to be a noncomplying cigarette subject to the provisions of Business Regulation Article, §16-606, Annotated Code of Maryland, if:

(a) The manufacturer has not requested a hearing as provided in §D(1) of this regulation; or

(b) A hearing has been held as provided in §D(2) of this regulation, and a final decision by the Comptroller orders that the cigarette be removed from the list.