1. (1) A tobacco manufacturer may request the department to determine if its product is a cigarette defined in 16-11-102, MCA.
2. (2) When the department receives a manufacturer’s request to determine whether a product is a cigarette under (1), it will apply the criteria in ARM 42.31.206.
3. (3) If the department receives information from a source other than the manufacturer that a tobacco product may qualify as a cigarette, the department may consider that information.

4. (4) A manufacturer must provide the department with the following for a determination request:

   1. (a) product samples of at least 20 sticks of each style within each brand family for which a determination is requested;
   2. (b) the weight per one thousand sticks of the product;
   3. (c) all advertisements, labels, and in-store display material that mention or show the product; and
   4. (d) the package and any larger container like a carton, or detailed images for any packaging that is not printed yet or planned for future use.
5. (5) The manufacturer may include any other relevant information for the department to consider in its determination.
6. (6) The department will notify the manufacturer, in writing, within ten days of its determination.

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.