Section 400.70  Notification of Certification

a)         After the acceptance of the manufacturer's certification by OSFM, manufacturers certifying cigarettes in accordance with Section 400.60 shall provide a copy of the certifications to all wholesale dealers and agents to which they sell cigarettes.  Manufacturers shall also provide sufficient copies of an illustration of the cigarette packaging marking utilized by the manufacturer pursuant to Section 400.80 for each retailer to which the wholesale dealers and agents sell cigarettes. Wholesale dealers and agents shall provide a copy of these cigarette packaging markings received from manufacturers to all retail dealers to which they sell cigarettes. Wholesale dealers, agents and retail dealers shall permit OSFM, Department of Revenue, and the Office of the Attorney General to inspect cigarette packaging to ensure it is marked in accordance with Section 400.80. [425 ILCS 8/35]

b)         OSFM and the Office of the Attorney General will cooperate to produce a list of cigarette brands and styles that are legal for sale under any and all of the laws of the State of Illinois.

c)         If OSFM intends to remove a brand from the certified list, it will send a notice of intent to remove to the manufacturer.  The notice of intent to remove shall include:

1)         the factual and legal deficiencies upon which OSFM's intended action rests;

2)         the actions that the manufacturer must undertake to cure the factual or legal deficiencies upon which the intended action is based; and

3)         a notification that the manufacturer shall have 30 calendar days to cure deficiencies and submit documentation or other information of its attempt to cure to OSFM.  OSFM may extend the time period for a manufacturer to cure its deficiencies.