NRS477.194. Submission of written certification to State Fire Marshal concerning cigarettes intended for sale in this State; availability of certification; fees; retesting. [Effective until the date upon which a federal law establishing standards for fire-safe cigarettes becomes effective.]

      1.  Each manufacturer shall submit to the State Fire Marshal a written certification of the cigarettes that the manufacturer intends to sell in this State attesting that each cigarette listed in the certification has been tested in accordance with and meets the applicable performance standard set forth in NRS 477.192.

      2.  The description of each cigarette listed in the certification must include, without limitation:

      (a) The brand or trade name on the package;

      (b) The style, such as light or ultra light;

      (c) The length in millimeters;

      (d) The circumference in millimeters;

      (e) The flavor, such as menthol or chocolate, if applicable;

      (f) Whether the cigarette is filtered or nonfiltered;

      (g) The package description, such as soft pack or box;

      (h) The marking pursuant to NRS 477.198;

      (i) The name, address and telephone number of the laboratory that conducted the testing of the cigarette; and

      (j) The date that the testing occurred.

      3.  The State Fire Marshal shall make the certifications that are submitted pursuant to this section available to the Attorney General for purposes consistent with NRS 477.172 to 477.214, inclusive, and to the Executive Director of the Department of Taxation for the purpose of ensuring compliance with this section and NRS 477.196.

      4.  Each cigarette certified under this section must be recertified every 3 years.

      5.  A manufacturer shall pay to the State Fire Marshal a fee of $1,000 for each brand family of cigarettes listed in the certification. The fee paid applies to all cigarettes within the brand family certified and must include any new cigarettes certified within the brand family during the 3-year certification period. All fees collected pursuant to this section must be deposited in the Cigarette Fire Safety Standard and Firefighter Protection Fund created by NRS 477.210. As used in this subsection, “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, without limitation, “menthol,” “lights,” “kings” and “100s,” and includes any brand name, whether or not occurring alone or in conjunction with any other word, any trademark, logo, symbol, motto, selling message or recognizable pattern of colors, or any other indicia of product identification identical or similar to, or identifiable with, a previously known brand of cigarettes.

      6.  If a manufacturer has certified a cigarette pursuant to this section and subsequently makes any change to the cigarette that is likely to alter its compliance with the performance standard required by NRS 477.192, the cigarette must not be sold or offered for sale in this State unless the manufacturer retests the cigarette pursuant to NRS 477.192 and maintains the reports of the retesting in accordance with that section. Any altered cigarette that does not meet the applicable performance standard set forth in NRS 477.192 must not be sold or offered for sale in this State.

      (Added to NRS by 2009, 2436)