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Business Taxes Law Guide—Revision 2024
California Cigarette Fire Safety and Firefighter Protection Act
Health and Safety Code
Division 12. Fires and Fire Protection
Part 8. Cigarettes
Section 14954
14954. Marking of cigarette packaging. (a) Cigarettes that are certified by a manufacturer in accordance with Section 14953 shall be marked on the packaging and case to indicate compliance with the requirements of this part. The marking shall be in 8-point type or larger and consist of any of the following:
(1) Modification of the universal product code to include a visible mark printed at or around the area of that code. The mark may consist of alphanumeric or symbolic characters permanently stamped, engraved, embossed, or printed in conjunction with the universal product code.
(2) Any visible combination of alphanumeric or symbolic characters permanently stamped, engraved, or embossed upon the cigarette packaging or cellophane wrap.
(3) Printed, stamped, engraved, or embossed text on the cigarette packaging that indicates that the cigarettes meet California standards.
(b) Before a certified cigarette can be sold in the state, a manufacturer shall submit its proposed marking to the Attorney General. The Attorney General shall approve the marking upon a finding that it is compliant with the criteria outlined in subdivision (a). Proposed markings shall be deemed approved if the Attorney General fails to act within 30 business days of receiving a proposed marking. A marking in use and approved for the sale of cigarettes in the State of New York shall be deemed approved.
(c) A manufacturer must use only one marking and must apply this marking uniformly for all packagings, including, but not limited to, packages, cartons, and cases, and brands marketed by that manufacturer.
(d) A manufacturer who modifies its marking shall notify the Attorney General of this change and submit to the Attorney General a copy of the new marking that shall comply with subdivisions (a) and (b).
(e) The Attorney General may adopt rules and regulations to implement this section. The Attorney General may adopt initial emergency regulations to implement this section in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code and these regulations shall be considered by the Office of Administrative Law to be necessary for the immediate preservation of the public peace, health, and safety, or general welfare.
History—Stats. 2022, Ch. 454 (AB 1742), in effect January 1, 2023, substituted "Attorney General" for "State Fire Marshal" throughout; substituted "The marking" for "Marking" before "shall be in" and substituted "any" for "one" after "consist of" in the second sentence and substituted "embossed," for "embossed" after "stamped, engraved," in paragraph (1) of subdivision (a); added "The Attorney General" before "shall approve the marking" in the second sentence and substituted "30" for "10" after "to act within" in the second sentence of subdivision (b); substituted "that" for "which" after "the new marking" in subdivision (d); and added subdivision (e).