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) filter or non-filter;
(vi) package description, soft pack or box; and
(vii) the marking approved in accordance with this section.
(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.
(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.
Structure Massachusetts General Laws
Part I - Administration of the Government
Chapter 64c - Cigarette Excise
Section 2 - Vendors' Licenses; Display
Section 2a - Definitions Applicable to Secs. 2a to 2f
Section 2d - Marking to Indicate Compliance With Testing and Performance Standard Requirements
Section 2f - Fire Prevention and Public Safety Fund
Section 5 - Records and Statements Required of Vendors and Purchasers
Section 7c - Additional Payment of Excise; Credit to Health Protection Fund
Section 8 - Prosecution for Illegal Possession, Etc.
Section 10 - Regulation of Vending Machines; Penalties for Particular Offenses; Sales to Children
Section 11 - Records and Reports of Purchases and Sales; Investigation, Examination and Search
Section 12 - Selling Price; ''loss-Leaders'' Prohibited
Section 13 - Definitions of Cost and Sale Terms
Section 14 - Unfair Competition; Penalty
Section 15 - Application of Act to Unusual Sales
Section 16 - Fair Competition; Prices
Section 17 - Illegal Contracts
Section 18 - Fictitious Prices; Discounts
Section 19 - Invoice Cost of Goods Purchased at Forced Sales
Section 20 - Cost Survey as Evidence
Section 21 - Liability of Agents Aiding Violations
Section 27 - Severability Clause
Section 28 - Disposition of Sums Received
Section 29 - Payment of Tax Through Use of Adhesive Stamps
Section 30 - Stamper; Purchase and Use of Stamps; Appointment; Compensation; Payment for Stamps
Section 31 - Redemption of Unused or Mutilated Stamps, Etc.
Section 33a - Packages Containing Fewer Than 20 Cigarettes; Stamps; Penalties
Section 38 - Unauthorized Use of Excise Stamps; Penalty
Section 39 - Application of Secs. 29 to 39
Section 40 - Multi-Agency Illegal Tobacco Task Force; Powers and Duties; Meetings; Annual Report