(a) General Requirements.
  (1) The packaging of all cigarettes varieties certified by the manufacturer to comply with the Health and Safety Code Chapter 796 shall be marked in accordance with the provisions of the Health and Safety Code §796.006.
  (2) A manufacturer shall use only one marking method applied uniformly to all cigarette packaging of all varieties marketed by the manufacturer for compliance with the Health and Safety Code Chapter 796.
(b) Submission of Proposed Marking.
  (1) Manufacturers must submit their proposed marking to the SFMO along with a completed Application for Fire Standard Compliant Cigarette Marking Approval, Form Number SF251, that is adopted by reference in §34.1212 of this subchapter (relating to Promulgated and Alternate Certification Forms and Marking Applications), or with a completed approved-for-use alternate marking application form as specified in §34.1212(c) of this subchapter.
  (2) The SFMO shall not be deemed to receive an Application for Fire Standard Compliant Cigarette Marking Approval, Form Number SF251 or an approved-for-use alternate marking application on a Saturday, Sunday, or legal holiday. The day the Application for Fire Standard Compliant Cigarette Marking Approval, Form Number SF251 or the approved-for-use alternate marking application is received by the SFMO shall not be included in computing the 10-day period.
(c) SFMO Approval or Disapproval.
  (1) The SFMO shall approve or disapprove the proposed marking within 10 business days after the date the completed Application for Fire Standard Compliant Cigarette Marking Approval, Form Number SF251 or the completed approved-for-use alternate marking application is received by the SFMO.
  (2) The SFMO shall approve a marking that:
    (A) is in use and approved for sale in another state; or
    (B) has the letters "FSC" for Fire Standards Compliant appearing in eight-point or larger type and permanently printed, stamped, engraved, or embossed on the package at or near the Universal Product Code.
  (3) Pursuant to the Health and Safety Code §796.006(b) if the marking is not disapproved within the 10 business days after the completed Application for Fire Standard Compliant Cigarette Marking Approval, Form Number SF251 or the completed approved-for-use alternate marking application form is received, the proposed marking method shall be deemed approved.
  (4) If the SFMO approves the proposed marking method under the requirements specified in the Health and Safety Code §796.006, the SFMO shall provide the manufacturer with written acknowledgement that the proposed marking method has been approved. Notice of approval shall be made in accordance with §34.1203 of this subchapter (relating to General Provisions Regarding Required and Voluntary Submissions).
  (5) If the SFMO disapproves the proposed marking method under the requirements specified in the Health and Safety Code §796.006, the SFMO shall provide the manufacturer with written notice that the marking method may not be used by the manufacturer. Notice of disapproval shall be made in accordance with §34.1203 of this subchapter. The manufacturer may correct the application or appeal the disapproval as described in §34.1203 of this subchapter.
(d) Modification of Approved Marking. A manufacturer shall not modify an approved marking without first submitting a completed Application for Fire Standard Compliant Cigarette Marking Approval, Form Number SF251, or a completed alternate marking application as specified in §34.1203(b)(2) of this subchapter as set forth in this section and obtaining prior approval of the proposed marking method by the SFMO.

Source Note: The provisions of this §34.1210 adopted to be effective December 31, 2008, 33 TexReg 10443