(a) Approval of markings.--Prior to the certification of any cigarette, a manufacturer shall present to the department for approval a proposed marking for use on all packages. Upon receipt of the request, the department shall approve or disapprove the marking offered. The department shall approve the use of letters “FSC,” which signifies Fire Standards Compliant. The marking shall appear in eight-point type or larger and permanently printed, stamped or engraved on the package at or near the UPC Code. Proposed markings shall be deemed approved if the department fails to act within ten business days of receiving a request for approval.

(b) Modification of marking.--No manufacturer shall modify its approved marking unless the modification has been approved by the department in accordance with this section.

(c) Copy of certifications.--Manufacturers certifying cigarettes in accordance with section 5¹ shall provide a copy of such certifications to all wholesale dealers and agents to which they sell cigarettes and shall also provide sufficient copies of an illustration of the package marking utilized by the manufacturer pursuant to this section for each retail dealer to which the wholesale dealers or agents sell cigarettes. Wholesale dealers and agents shall provide a copy of these package markings received from manufacturers to all retail dealers to which they sell cigarettes. Wholesale dealers, agents and retail dealers shall permit the commissioner, the department, the Office of Attorney General or employees thereof to inspect markings of cigarette packaging marked in accordance with this section.