69-505.

Marking; inspections.

(1) Cigarettes that are certified by a manufacturer in accordance with section 69-504 shall be marked to indicate compliance with the requirements of section 69-503. The marking shall be either:

(a) Any marking in use and approved for sale in New York pursuant to the New York Fire Safety Standards for Cigarettes as such standards existed on January 1, 2009; or

(b) The letters "FSC" which signifies Fire Standards Compliant.

(2) The marking shall appear in eight-point type or larger and be permanently printed, stamped, engraved, or embossed on the package at or near the Universal Product Code.

(3) A manufacturer shall use only one marking and shall apply this marking uniformly for all packages, including, but not limited to, packs, cartons, and cases, and brands marketed by that manufacturer.

(4) Manufacturers certifying cigarettes in accordance with section 69-504 shall provide a copy of the certifications to all wholesale dealers and agents to which they sell cigarettes and shall also provide sufficient copies of an illustration of the package marking utilized by the manufacturer pursuant to this section for each retail dealer to which the wholesale dealers or agents sell cigarettes. Wholesale dealers and agents shall provide a copy of these package markings received from manufacturers to all retail dealers to which they sell cigarettes. Wholesale dealers, agents, and retail dealers shall permit the State Fire Marshal, the Department of Revenue, and their employees or peace officers of this state to inspect markings of cigarette packaging marked in accordance with this section.