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  • PART I ADMINISTRATION OF THE GOVERNMENT
  • TITLE IX TAXATION
  • CHAPTER 64C CIGARETTE EXCISE
  • Section 2C Certification to be submitted by manufacturer; fee; Cigarette Fire Safety and Firefighter Protection Act Enforcement Fund

  Section 2C. (a) Each manufacturer shall submit to the secretary a written certification attesting that:--

  (1) each cigarette listed in the certification has been tested in accordance with section 2B;

  (2) each cigarette listed in the certification meets the performance standard set forth under section 2B;

  (3) each cigarette listed in the certification shall be described with the following information:--

  (i) brand, the trade name on the package;

  (ii) style, light or ultra light;

  (iii) length in millimeters;

  (iv) circumference in millimeters;

  (v) flavor, menthol or chocolate, if applicable;

  (vi) filter or non-filter;

  (vii) package description, soft pack or box; and

  (viii) the marking approved in accordance with section 2C.

  (b) Such certifications shall be made available to the attorney general and the department of revenue for the purposes of ensuring compliance with this section. Each cigarette certified under section 2C shall be re-certified every 3 years.

  (c) For each cigarette listed in a certification a manufacturer shall pay to the secretary a $250 fee. The secretary may, by regulation, adjust this fee to an amount sufficient only to provide for processing, testing, enforcement and oversight activities related to sections 2B to 2F, inclusive.

[ Subsection (d) effective until July 1, 2013. For text effective July 1, 2013, see below.]

  (d) There shall be a separate fund on the books of the commonwealth to be known as the Cigarette Fire Safety and Firefighter Protection Act Enforcement Fund. Such fund shall consist of all certification fees submitted by manufacturers and shall, in addition to any other monies made available for such purpose, be expended by the secretary, without further appropriation, and shall be used solely to support state processing, testing, enforcement and oversight activities related to implementation of sections 2B to 2F, inclusive. All payments from the Cigarette Fire Safety and Firefighter Protection Act Enforcement Fund shall be made on the audit and warrant of the state treasurer on vouchers certified and submitted by the secretary. The secretary may incur expenses for, and the comptroller may certify for payment, amounts from the fund not to exceed the most recent revenue estimate in the state accounting system for the fiscal year; provided, however, that no expenditure shall cause the fund to be out of balance at the end of any fiscal year.

[ Subsection (d) as amended by 2013, 38, Sec. 70 effective July 1, 2013. See 2013, 38, Sec. 219. For text effective until July 1, 2013, see above.]

  (d) There shall be a separate fund on the books of the commonwealth to be known as the Cigarette Fire Safety and Firefighter Protection Act Enforcement Fund. Such fund shall consist of all certification fees submitted by manufacturers and shall, in addition to any other monies made available for such purpose, be expended by the secretary, without further appropriation, and shall be used to support state processing, testing, enforcement, and oversight activities related to implementation of sections 2B to 2F, inclusive, and for a senior awareness of fire education program which shall include, education about the risk of fire to seniors and the purchase of safety devices for the benefit of at risk seniors. All payments from the Cigarette Fire Safety and Firefighter Protection Act Enforcement Fund shall be made on the audit and warrant of the state treasurer on vouchers certified and submitted by the secretary. The secretary may incur expenses for, and the comptroller may certify for payment, amounts from the fund not to exceed the most recent revenue estimate in the state accounting system for the fiscal year; provided, however, that no expenditure shall cause the fund to be out of balance at the end of any fiscal year.