N.Y. Comp. Codes R. & Regs. tit. 19 § 429.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 429.1 - General requirements

(a) On and after June 28, 2004, no cigarettes subject to the provisions of section 156-c of the Executive Law shall be sold or offered for sale in this State unless:

(1) such cigarettes have been tested in accordance with the test method prescribed in section 429.3 of this Part;

(2) such cigarettes meet the performance standard specified in section 429.4 of this Part; and

(3) a written certification has been filed by the manufacturer with the Department of State, Office of Fire Prevention and Control, One Commerce Plaza, 99 Washington Avenue, Suite 500, Albany, NY 12231-0001, in accordance with section 429.6 of this Part.

(b) Nothing in this Part shall prohibit wholesale dealers or retail dealers from selling their inventory of cigarettes existing on June 28, 2004, provided that such wholesale dealer or retail dealer can establish that New York State tax stamps were affixed to such cigarettes pursuant to article 20 of the Tax Law prior to June 28, 2004, and provided further that such wholesale dealer or retail dealer can establish that such inventory was purchased prior to June 28, 2004 in comparable quantity to the inventory purchased during the same period of 2003.

N.Y. Comp. Codes R. & Regs. Tit. 19 § 429.1