(1) A tobacco product labeled as anything other than a cigarette or not bearing a label, including but not limited to little cigars, may be considered, as provided in ARM 42.31.207, a cigarette under 16-11-102, MCA, if it meets two or more of the following criteria:

(a) the product is sold in packs containing 20 or 25 sticks;

(b) the product is available for sale in cartons of ten packs;

(c) the product is sold in soft packs, hard packs, flip-top boxes, clam shells, or other cigarette-type boxes;

(d) the product is of a length and diameter found in commercially-manufactured cigarettes;

(e) the product has a cellulose acetate or other integrated filter;

(f) the product weighs less than three pounds per thousand sticks;

(g) the product is marketed or advertised to consumers as a cigarette or cigarette substitute; or

(h) other evidence that the product fits within the definition of cigarette in 16-11-102, MCA.

(2) Tobacco products that are determined to be cigarettes must meet the requirements of 16-11-307, MCA.

(3) A cigar is a roll of tobacco that is wrapped in 100% natural leaf tobacco or:

(a) is wrapped in any substance that contains 75% or more tobacco which did not in the reconstitution process lose its tobacco character (taste, aroma, identifiable chemical components) and is of a color consistent with that of the natural leaf tobaccos traditionally used as a wrapper for American cigars; and

(b) does not meet the criteria stated in (1).

History: 16-11-103, MCA; IMP, 16-11-102, MCA; NEW, 2007 MAR p. 124, Eff. 7/1/07.