No cigarette may be sold or offered for sale in Tennessee or offered for sale or sold to persons located in Tennessee unless the cigarettes have been tested and meet the performance standard of Tenn. Code Ann. § 68-102-503, and are marked in accordance with § 68-102-505.
Each cigarette must be recertified every three (3) years. Each cigarette in a Brand Family must be certified.
“Brand family” means all styles of cigarettes sold under the same trademark and differentiated from one another by means of additional modifiers or descriptors, including, but not limited to, "menthol," "lights," "kings," and "100s," and includes any brand name, alone or in conjunction with any other word, trademark, logo, symbol, motto, selling message, recognizable pattern of colors, or any other indicia of product identification identical or similar to, or identifiable with, a previously known brand of cigarettes. Each cigarette is distinguished on the form titled, Fire Standard Compliant Brand family Varieties, by the information required in § 68-102-504(b). Information may be provided by a different format; however, the information must be the same.
Each manufacturer shall maintain copies of the reports of all tests conducted on all cigarettes offered for sale for a period of three (3) years, and shall make copies of these reports available to the state fire marshal and the attorney general and reporter upon written request.
Certified cigarettes shall be marked to indicate compliance with the requirements of § 68-102-503.
The marking must be approved by the state fire marshal and shall be eight point type or larger. Markings may be submitted for approval prior to certification submission. If prior approval has been granted, attach a copy of the Tennessee State Fire Marshal Approval Letter. The markings shall consist of: Modification of the Universal Product Code (UPC) to include a permanent, visible, alphanumeric or symbolic mark printed at or around the UPC; and a permanent, visible, alphanumeric or symbolic mark printed upon the cigarette package or cellophane wrap or text that indicates the cigarette meets the standards of Tenn. Code Ann § 68-102 Part 5. A manufacturer shall use only one (1) marking and apply it uniformly for all packages. Modifications must be approved by the state fire marshal.
The manufacturer shall make a copy of the Tennessee state certification available to all wholesale dealers and agents to which they sell cigarettes, and provide sufficient copies of an illustration of the package marking for each retail dealer.
INSTRUCTIONS:
- Submit the completed application and a $1,000 check for each brand family, payable to the Tennessee Department of Commerce and Insurance, and mail to 500 James Robertson Parkway, Nashville, TN 37243. Fees are nonrefundable. The printable application is located at Licensing .
- Submit a sample copy of the markings to be used on packages for all Brand Styles. The sample must be the same size as the marking on the package. The samples can be sent digitally via email at permits-licensing@tn.gov , on a compact disk, or a USB flash drive.
- Submit copies of the Fire Standard Compliant test results for all Brand Styles.
- Submit the form titled Fire Standard Compliant Brand family Varieties listing all of the Brand Families and styles. Information may be provided by a different format; however, the information must be the same.