SB 220 - This act establishes the "Fire Safety Standard and Firefighter Protection Act", which prohibits the sale of cigarettes in this state that have not been tested, certified, and marked as meeting certain performance standards. Performance standard testing shall be conducted according to certain specifications, unless the state fire marshal determines that using such test method is impossible for a manufacturer. In such cases, the state fire marshal shall approve an equivalent testing method.
Each manufacturer shall maintain copies of testing reports for three years and must make the reports available to the State Fire Marshal and attorney general upon written request. After sixty days of failing to make the reports available, a manufacturer shall be subject to a civil penalty of up to $60,000 for each day of the violation.
Manufacturers shall also submit written certification to the State Fire Marshal attesting to each cigarette being tested and meeting the performance standard established in this act. For each cigarette listed in a certification, a manufacturer must pay the State Fire Marshal a $250 fee. Cigarettes must be recertified every three years.
Certified cigarettes must be marked in certain sized type and the marking must meet certain standards. Manufacturers shall only use one marking for all packages. Manufacturers must provide copies of the certifications to wholesale dealers and agents to which they sell cigarettes. Wholesale dealers, agents, and retail dealers shall permit the State Fire Marshal, Department of Revenue, and Attorney General to inspect package markings.
Manufacturers, wholesale dealers, agents, or other persons who sell cigarettes, except through retail sale, in violation of testing requirements are subject to a civil penalty not to exceed $100 for each pack of cigarettes sold. The total penalty against any such person shall not exceed $100,000 during any 30-day period. A retail dealer, who knowingly sells cigarettes in violation of the testing requirements, shall also be subject to a $100 civil penalty per pack sold, but the total penalty shall not exceed $25,000 during any 30-day period. Any person who violates other provisions of this act shall be subject to a civil penalty of not more than $1,000 for a first violation and not more than $5,000 for subsequent violations.
When law enforcement or the State Fire Marshal discovers cigarettes that have not been certified or marked, he or she may seize the cigarettes, which shall then be destroyed. The holder of the trademark rights shall be allowed to inspect the cigarettes prior to destruction.
The department may conduct regular inspections of cigarettes to determine if they are marked properly. If they are improperly marked, the department shall notify the State Fire Marshal. The Attorney General, department, State Fire Marshal, and law enforcement personnel are authorized to examine the records of persons possessing, controlling, or occupying premises where cigarettes are stored or sold. Such persons are required to give such people the opportunity to make the permitted examinations.
This act creates the "Cigarette Fire Safety Standard and Firefighter Protection Act Fund", which shall consist of money collected under these provisions. The State Fire Marshal will administer the fund and the money will be used to support fire safety and prevention programs.
The State Fire Marshal shall review the effectiveness of this act and report his or her findings to the General Assembly every three years, including any legislative recommendations.
This act shall become effective on September 1, 2010.
This act is similar to HB 205 (2009).
SUSAN HENDERSON MOORE