§ 68-102-504 — Certified cigarettes - Contents of certification - Establishment of fund

(a) Each manufacturer shall submit to the state fire marshal a written certification attesting that: (1) Each cigarette listed in the certification has been tested in accordance with § 68-102-503 ; and (2) Each cigarette listed in the certification meets the performance standard set forth in § 68-102-503(a)(4) . (b) Each cigarette listed in the certification shall be described with the following information: (1) Brand, or trade name on the package; (2) Style, such as light or ultra light; (3) Length in millimeters; (4) Circumference in millimeters; (5) Flavor, such as menthol or chocolate, if applicable; (6) Filter or non-filter; (7) Package description, such as soft pack or box; (8) Marking approved in accordance with § 68-102-505 ; (9) The name, address and telephone number of the laboratory, if different from the manufacturer that conducted the test; and (10) The date that the testing occurred. (c) The certifications shall be made available to the attorney general and reporter for purposes consistent with this part and the commissioner of revenue for the purposes of ensuring compliance with this section. (d) Each cigarette certified under this section shall be recertified every three (3) years. (e) At the time a manufacturer submits a written certification under this section, the manufacturer shall pay to the state fire marshal a one-thousand-dollar fee for each brand family of cigarettes listed in a certification. The fee paid shall apply to all cigarettes within the brand family certified, and shall include any new cigarette certified within the brand family during the three-year certification period. (f) There is established in the state treasury a separate, nonreverting fund to be known as the reduced cigarette ignition propensity and firefighter protection act enforcement fund. The fund shall consist of all certification fees submitted by manufacturers, and shall, in addition to any other moneys made available for such purpose, be available to the state fire marshal solely to support processing, testing, enforcement and oversight activities under this part. (g) If a manufacturer has certified a cigarette pursuant to this section, and thereafter makes any change to the cigarette that is likely to alter its compliance with the reduced cigarette ignition propensity standards required by this part, that cigarette shall not be sold or offered for sale in this state until the manufacturer retests the cigarette in accordance with the testing standards set forth in § 68-102-503 and maintains records of that retesting as required by § 68-102-503 . Any altered cigarette that does not meet the performance standard set forth in § 68-102-503 may not be sold in this state.

Legislative History

Acts 2008 , ch. 920, § 5.