Ohio Code 3739.07 – Manufacturer’s certification of compliance
(A) Each manufacturer shall submit to the state fire marshal a written certification that each type of cigarette listed in the certification has been tested in accordance with division (B) of section 3739.03 or section 3739.04 of the Revised Code and each type of cigarette listed in the certification meets the performance standard set forth in division (B) of section 3739.03 of the Revised Code or approved under section 3739.04 of the Revised Code.
Terms Used In Ohio Code 3739.07
- Manufacturer: means either of the following:
(1) Any entity or the entity's successor that, in any location, manufactures or otherwise produces cigarettes, or causes cigarettes to be manufactured or produced, that the entity intends to be sold in this state, including, but not limited to, cigarettes intended to be sold in the United States through an importer;
(2) Any entity or the entity's successor that meets both of the following criteria:
(a) Purchases cigarettes, in any location, from a second entity that manufactures or otherwise produces cigarettes in any location when that second entity does not intend that the cigarettes it manufactures be sold in the United States;
(b) Intends to resell the cigarettes described in division (D)(2)(a) of this section in the United States. See Ohio Code 3739.01
- state: means the state of Ohio. See Ohio Code 1.59
(B) A manufacturer shall include in the written certification the manufacturer submits under division (A) of this section all of the following information for each type of cigarette listed in the certification:
(1) The brand or trade name on the cigarette package;
(2) The style of cigarette;
(3) The length of the cigarette in millimeters;
(4) The circumference of the cigarette in millimeters;
(5) The flavor of the cigarette, if applicable;
(6) Whether the cigarette is filter or nonfilter;
(7) A description of the package;
(8) The marking the manufacturer uses that the state fire marshal approved in accordance with section 3739.06 of the Revised Code;
(9) The name, address, and telephone number of the laboratory, if different than the manufacturer, that conducted the test of the cigarette;
(10) The date that the testing of the cigarette occurred.
(C) A manufacturer shall make the written certification required under division (A) of this section available to the attorney general and the tax commissioner for the purposes of ensuring compliance with this chapter.
(D) No manufacturer shall submit a false certification to the state fire marshal.