(a) Promulgated Certification by Manufacturer for Fire Standard Compliant Cigarette. The commissioner adopts by reference the Certification by Manufacturer for Fire Standard Compliant Cigarette (FSCC), which contains instructions for completion of the form; information regarding certification fees; requires information to be provided regarding the certification type, cigarette manufacturer, testing entity, test method, testing and quality assurance program, and cigarette variety information required by Health and Safety Code §796.005. The form is available at the department's website at www.tdi.texas.gov/forms/forms18.html.
(b) Promulgated Application for Fire Standard Compliant Cigarette Marking Approval. The commissioner adopts by reference the Application for Fire Standard Compliant Cigarette Marking Approval, which contains instructions for completion of the form and requires information to be provided regarding the cigarette manufacturer, marking approval, and a certification that the manufacturer will or has provided required information to cigarette wholesale dealers and agents. The form is available at the department's website at www.tdi.texas.gov/forms/forms18.html.
(c) Alternate Certification Form or Marking Application. The information required by the promulgated certification form or marking application may be submitted in an alternate form in lieu of the promulgated certification form or marking application.
  (1) Manufacturers may submit either an alternate form in lieu of the promulgated certification form or an alternate form in lieu of the promulgated marking application or both an alternate certification form and alternate marking application. Manufacturers may submit an alternate certification form in conjunction with the promulgated Application for Fire Standard Compliant Cigarette Marking Approval. Manufacturers may submit an alternate marking application in conjunction with the promulgated Certification by Manufacturer for Fire Standard Compliant Cigarette (FSCC).
  (2) The alternate form must be approved by the SFMO before the form may be used to file the information required in the promulgated certification form or marking application.
  (3) A manufacturer may submit a request to the SFMO to use an alternate form in accordance with §34.1203 of this title (relating to General Provisions Regarding Required and Voluntary Submissions).
  (4) Submission of an alternate form in lieu of the promulgated certification or marking application is not required and is at the option of the manufacturer.

Source Note: The provisions of this §34.1212 adopted to be effective December 31, 2008, 33 TexReg 10443; amended to be effective February 14, 2013, 38 TexReg 662