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We have moved to the Albemarle Building on 325 N. Salisbury Street, Raleigh, NC. Our mailing address will still be 1202 Mail Service Center, Raleigh, NC 27699-1202. Please call our main number for assistance – 919-647-0000.

Fire Safety Programs

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FAQsOLD

Q: Under Part 4. Brand Style, the form asks for the diameter of the cigarette. However, Section 58-92-20 (b) (4) speaks to circumference and not diameter. Is this an error?

A: Thank you for identifying this error. Yes- “Diameter” should be “circumference”. The corrected forms can now be found on our website: Please make sure you use the corrected form.

Q: Why was our company’s check not accepted for payment?

A: Please note that if you are not the manufacturer submiting the certification form and your company is not specified as the manufacturer’s representative in Part 3 of the form, we cannot accept payment from or discuss any issues with you that may arise on a submittal.

Q: Part 5 of the certification form refers to "Test Project Code". This is not a term contained in the legislation. Could you explain what this term refers to?

A: “Test Project code” is a code used by labs to identify their reports (it is normally found on the form issued by the testing lab). We are requesting this code to link the certification forms to the test data that may arrive under separate cover. We plan to allow e-mail submittals in the future and that is why we are requesting it.

Q: Is a separate notarized form required for each of the brand styles that my company will be submitting for certification, or can I simply attach an addendum listing all styles with the information required for each pursuant to Part 4 of the application?

A: We require a separate notarized submittal for each brand style.

Q: Along with the application and lab results, samples of the packaging showing FSC marking are to be submitted. I would like to confirm whether a CD with the packaging showing the FSC markings is sufficient for Marking Approval?

A: We will accept a CD of the FSC package marking. Please note each brand style is to be submitted on a separate certification form with respective test results and sample package markings by the manufacturer. If you are submitting several forms in one package, you can submit a CD that contains the FSC sample marking for those respective brand styles.

Q: The packaging for our brand style has been changed to “BrandX Menthol Whites” although the test results still reflect the official internal brand style of “Menthol Lights” and the formulation of the cigarette has not changed. We also have some brand styles that do not say “Kings” on the packaging but are listed as “Kings” on the test results. How should we fill out the forms for these brand styles?

A: What is entered on the certification form must match the brand style listed on the test results. If the packaging says something significantly different such that an investigator using common sense would not know that it was the same brand style, then include the name used on the packaging in the ALTERNATE NAMES box on the form. Remember that this applies to both carton and box/soft pack packaging so if either is different than the official brand style name used on the test results then the name on the packaging must be added here in order to prevent inconvenience to your distributors and retailers. For these purposes “LT” on the test results and “Light”, “Lights” and “Light’s” on the package are considered to be equivalent and additional text that goes on all brand packaging like “premium blend” or the like need not be included as part of the alternate name.

Q: If we have Non-FSC cigarettes that were purchased and in our inventory prior to Jan. 1, 2010, can we continue to sell these?

A: As long as you have documentation verifying the cigarettes were purchased prior to January 1, 2010, you can still sell them. If you are a wholesaler and have problems with retailers accepting your Non-FSC cigarettes, one suggestion is to supply them with a letter on your company letterhead that states the cigarettes were purchased prior to the January 1st deadline and provide a contact person at the wholesale level who can provide a copy of the invoice to the respective authorities in case of an audit. See excerpt from FSC legislation below:

§ 58 92 15. (o) The requirements of subsections (a) through (i) of this section shall not prohibit:

(1) Distributors or retail dealers from selling their existing inventory of cigarettes on or after January 1, 2010, if the distributor or retail dealer can establish that all taxes owed on the cigarettes pursuant to Article 2A of Chapter 105 of the General Statutes have been paid prior to January 1, 2010, and the distributor or retail dealer can establish that the inventory was purchased prior to January 1, 2010, in comparable quantity to the inventory purchased during the same period of the prior year.