1. (1) A tobacco product labeled as something other than a cigarette, or with no label, including but not limited to little cigars, may be considered a cigarette, described in ARM 42.31.207, and under 16-11-102, MCA, if it meets two or more of the following criteria:

   1. (a) the product is sold in packs with 20 or 25 sticks;
   2. (b) the product is sold in cartons of ten packs;
   3. (c) the product is sold in soft packs, hard packs, flip-top boxes, clam shells, or other cigarette-type boxes;
   4. (d) the product is the same length and width found in commercially manufactured cigarettes;
   5. (e) the product has a cellulose acetate or similar built-in filter;
   6. (f) the product weighs less than three pounds per thousand sticks;
   7. (g) the product is marketed or advertised to consumers as a cigarette or cigarette substitute; or
   8. (h) other proof that the product is a cigarette under 16-11-102, MCA.
2. (2) Tobacco products determined to be cigarettes must meet the requirements of 16-11-307, MCA.

Authorizing statute(s): 16-11-103, MCA

Implementing statute(s): 16-11-102, MCA

History: NEW, 2007 MAR p. 124, Eff. 7/1/07; AMD, 2026 MAR, Notice No. 2025-86, Eff. 1/24/26.