Chapter 07-245

Chapter 245

2007 -- S 0106 SUBSTITUTE B

Enacted 07/03/07

A N A C T

RELATING TO HEALTH AND SAFETY

Introduced By: Senators Doyle, McBurney, Tassoni, and Ruggerio

Date Introduced: January 24, 2007

It is enacted by the General Assembly as follows:

SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby

amended by adding thereto the following chapter:

CHAPTER 20.11

THE REDUCED CIGARETTE IGNITION PROPENSITY AND FIREFIGHTER

PROTECTION ACT

23-20.11-1. Short title. -- This act shall be known and may be cited as the "Reduced

Cigarette Ignition Propensity and Firefighter Protection Act."

23-20.11-2. Legislative findings. -- It is hereby found and declared as follows:

(a) The general assembly finds that cigarettes are one of the leading causes of fire deaths

in this state and in the nation. Each year 700-900 people are killed in the United States due to

cigarette fires; 3,000 are injured in fires ignited by cigarettes. A high proportion of the victims of

cigarette fires are nonsmokers, including senior citizens and young children. Cigarette-caused

fires result in billions of dollars of property losses and damage in the United States and millions

of dollars in this state. Cigarette fires unnecessarily jeopardize firefighters and result in avoidable

emergency response costs for municipalities.

(b) The general assembly further finds that the state of New York has enacted a cigarette

fire safety regulation effective June 28, 2004 that requires that cigarettes sold in that state meet

the fire safety performance standards. In 2005, the states of Vermont and California signed into

law cigarette fire safety acts that directly incorporate New York's regulation into statute; and in

2006, the states of Illinois, New Hampshire, and Massachusetts did the same. Canada

implemented the New York State fire safety standard as of October 2005, becoming the first

nation to have a cigarette fire safety standard.

based upon decades of research by the National Institute of Standards and Technology,

Congressional research groups and private industry.

(d) It is the general assembly's intent that the state of Rhode Island adopt the cigarette fire

safety standard that is in effect in New York State, and the other states listed above, to reduce the

likelihood that cigarettes will cause fires and result in deaths, injuries and property damage. It is

further the legislature's intent to adopt such a cigarette fire safety standard with a minimum of

cost to the state and with minimum burden to cigarette manufacturers, distributors and retail

sellers as set forth herein.

23-20.11-3. Definitions. -- The following terms shall have the following meanings as

used in this chapter:

(a) "Agent" shall mean any person authorized by the state to purchase and affix tax

stamps on packages of cigarettes.

(b) "Cigarette" shall mean any roll for smoking whether made wholly or in part of

tobacco or any other substance, irrespective of size or shape and whether or not such tobacco or

substance is flavored, adulterated or mixed with any other ingredient, the wrapper or cover of

which is made of paper or any other substance or material except tobacco, and that because of its

size, appearance, the type of tobacco used in its filler, or its packaging or labeling, is likely to be

offered to, or purchased by, consumers as a cigarette or cigarette equivalent.

(d) "Manufacturer" shall mean:

(1) any entity which manufacturers or otherwise produces cigarettes or causes cigarettes

to be manufactured or produced anywhere that such manufacturer intends to be sold in this state,

including cigarettes intended to be sold in the United States through an importer; or

(2) the first purchaser anywhere that intends to resell in the United States cigarettes

manufactured anywhere that the original manufacturer or maker does not intend to be sold in the

United States; or

(3) any entity that becomes a successor of an entity described in paragraph (a) or (b) of

this subdivision.

(e) "Repeatability" shall mean the range of values within which the repeat results of

cigarette test trails from a single laboratory will fall ninety-five percent (95%) of the time.

(f) "Retail dealer" shall mean any person other than a manufacturer or wholesale dealer

engaged in selling cigarettes or tobacco products.

(g) "Sale" shall mean any transfer of title or possession or both, exchange or barter,

conditional or otherwise, in any manner or by any means whatever or any agreement therefor. In

addition to cash and credit sales, the giving of cigarettes as samples, prizes or gifts, and the

exchanging of cigarettes for any consideration other than money are considered sales.

(h) "Sell" shall mean to sell, or to offer or agree to do the same.

(i) "Quality control and quality assurance program" shall mean the laboratory procedures

implemented to ensure that operator bias, systematic and nonsystematic methodological errors,

and equipment-related problems do not affect the results of the testing. This program ensures that

the testing repeatability remains within the required repeatability values stated in subsection 23-

20.11-4(a) of this act for all test trials used to certify cigarettes in accordance with this law.

(j) "Wholesale dealer" shall mean any person who sells cigarettes or tobacco products to

retail dealers or other persons for purposes of resale, and any person who owns, operates or

maintains one or more cigarette or tobacco product vending machines in, at or upon premises

owned or occupied by any other person.

23-20.11-4. Standards for cigarette fire safety. -- (a) No cigarettes may be sold or

offered for sale in this state or offered for sale or sold to persons located in this state unless such

cigarettes have been tested in accordance with the test method and meet the performance standard

specified in this subsection; and a written certification has been filed by the manufacturer with the

director in accordance with section 23-20.11-5 of this act; and the cigarettes have been marked in

accordance with section 23-20.11-6 of this act.

(1) Testing of cigarettes shall be conducted in accordance with the American Society of

Testing and Materials ("ASTM") standard E2187-04 "Standard Test Method for Measuring the

Ignition Strength of Cigarettes."

(2) Testing shall be conducted on ten (10) layers of filter paper.

(3) No more than twenty-five percent (25%) of the cigarettes tested in a test trial in

accordance with this subsection shall exhibit full-length burns. Forty (40) replicate tests shall

comprise a complete test trial for each cigarette tested.

(4) The performance standard required by this subsection shall only be applied to a

complete test trial.

(5) Written certifications shall be based upon testing conducted by a laboratory that has

been accredited pursuant to Standard ISO/IEC 17025 of the International Organization for

Standardization ("ISO"), or other comparable accreditation standard required by the director.

(6) Laboratories conducting testing in accordance with this subsection shall implement a

quality control and quality assurance program that includes a procedure to determine the

repeatability of the testing results. The repeatability value shall be no greater than nineteen

hundredths (0.19).

(7) This section does not require additional testing if cigarettes are tested consistent with

this chapter for any other purpose.

(8) Testing performed or sponsored by the director to determine a cigarette's compliance

with the performance standard required by this section shall be conducted in accordance with this

section.

(b) Each cigarette listed in a certification submitted pursuant to section 23-20.11-5 of this

act that uses lowered permeability bands in the cigarette paper to achieve compliance with the

performance standard set forth in this section shall have at least two (2) nominally identical bands

on the paper surrounding the tobacco column. At least one complete band shall be located at least

fifteen (15) millimeters from the lighting end of the cigarette. For cigarettes on which the bands

are positioned by design, there shall be at least two (2) bands fully located at least fifteen (15)

millimeters from the lighting end and ten (10) millimeters from the filter end of the tobacco

column, or ten (10) millimeters from the labeled end of the tobacco column for a nonfiltered

cigarette.

be tested in accordance with the test method prescribed in subsection 23-20.11-4(a) shall propose

a test method and performance standard for such cigarette to the director. Upon approval of the

proposed test method and a determination by the director that the performance standard proposed

by the manufacturer or manufacturers is equivalent to the performance standard prescribed in

subsection 23-20.11-4(a), the manufacturer or manufacturers may employ such test method and

performance standard to certify such cigarette pursuant to section 23-20.11-5 of this act. If the

director determines that another state has enacted reduced cigarette ignition propensity standards

that include a test method and performance standard that are the same as those contained in this

section, and the director finds that the officials responsible for implementing those requirements

have approved the proposed alternative test method and performance standard for a particular

cigarette proposed by a manufacturer as meeting the reduced cigarette ignition propensity

standards of that state's law or regulation under a legal provision comparable to this subsection,

then the director shall authorize that manufacturer to employ the alternative test method and

performance standard to certify that cigarette for sale in this state, unless the director

demonstrates a reasonable basis why the alternative test should not be accepted under this

chapter. All other applicable requirements of this section shall apply to such manufacturer or

manufacturers.

(d) Each manufacturer shall maintain copies of the reports of all tests conducted on all

cigarettes offered for sale for a period of three (3) years, and shall make copies of these reports

available to the director and the attorney general upon written request. Any manufacturer who

fails to make copies of these reports available within sixty (60) days of receiving a written request

shall be subject to a civil penalty not to exceed ten thousand dollars ($10,000) for each day after

the sixtieth (60th) day that the manufacturer does not make such copies available.

(e) The director may adopt a subsequent ASTM Standard Test Method for Measuring the

Ignition Strength of Cigarettes upon a finding that such subsequent method does not result in a

change in the percentage of full-length burns exhibited by any tested cigarette when compared to

the percentage of full-length burns the same cigarette would exhibit when tested in accordance

with ASTM Standard E2187-04 and the performance standard prescribed in subsection 23-20.11-

4(a).

(f) As of January 1, 2010, and at least every three (3) years thereafter, the director shall

review of the effectiveness of this section and report to the legislature the director's finding's and,

if appropriate, recommendations for legislation to improve the effectiveness of this section. The

report and legislative recommendations shall be submitted no later than January 1 of each three

(3) year period.

(g) This chapter shall be implemented in accordance with the implementation and

substance of the New York Fire Safety Standards for Cigarettes.

23-20.11-5. Certification of compliance by manufacturers. -- (a) Each manufacturer

shall submit to the director a written certification attesting that:

(1) Each cigarette listed in the certification has been tested in accordance with section 23-

20.11-4 of this act;

(2) Each cigarette listed in the certification meets the performance standard set forth

under section 23-20.11-4 of this act.

(b) Each cigarette listed in the certification shall be described with the following

information:

(1) brand (i.e., the trade name on the package);

(2) style (e.g., light, ultra light);

(3) length in millimeters;

(4) circumference in millimeters;

(5) flavor (e.g., menthol, chocolate), if applicable;

(6) filter or non-filter;

(7) package description (e.g., soft pack, box);

(8) the marking approved in accordance with section 23-20.11-6 of this act;

(9) the name, address and telephone number of the laboratory, if different than the

manufacturer that conducted the test; and

(10) the date that the testing occurred.

of taxation for the purposes of ensuring compliance with this section. Each cigarette certified

under this section shall be recertified every three (3) years.

(d) For each certification a manufacturer shall pay to the director a two hundred and fifty

dollar ($250) fee. The director shall have the power to adjust this fee to an amount sufficient only

to provide for processing, testing, enforcement and oversight activities related to this chapter.

(e) There is hereby established in the custody of the state comptroller a special fund to be

known as the "Reduced Cigarette Ignition Propensity and Firefighter Protection Act Enforcement

Fund". Such fund shall consist of all certification fees submitted by manufacturers, and shall, in

addition to any other monies made available for such purpose, be available to the department of

health and shall be used solely to support state processing, testing, enforcement and oversight

activities related to this chapter. All payments from the Reduced Cigarette Ignition Propensity

and Firefighter Protection Act Enforcement Fund shall be made on the audit and warrant of the

state treasurer on vouchers certified and submitted by the director.

(f) If a manufacturer has certified a cigarette pursuant to this section, and thereafter

makes any change to such cigarette that is likely to alter its compliance with the reduced cigarette

ignition propensity standards mandated by this chapter, then before such cigarette may be sold or

offered for sale in this state such manufacturer shall retest such cigarette in accordance with the

testing standards prescribed in section 23-20.11-4 of this act and maintain records of such

retesting as required in section 23-20.11-4 of this act. Any such altered cigarette which does not

meet the performance standard set forth in section 23-20.11-4 of this act may not be sold in the

state.

23-20.11-6. Package markings. -- (a) Cigarettes that are certified by a manufacturer in

accordance with section 23-20.11-5 shall be marked to indicate compliance with the requirements

of section 23-20.11-4. Such marking shall be in eight (8) point font type or larger and consist of:

(1) Modification of the product UPC Code to indicate a visible mark printed at or around

the area of the UPC Code. Such mark may consist of alphanumeric or symbolic character(s)

permanently stamped, engraved, embossed or printed in conjunction with the UPC; or

(2) Any visible combination of alphanumeric or symbolic character(s) permanently

stamped, engraved, or embossed upon the cigarette package or cellophane wrap; or

(3) Printed, stamped, engraved or embossed text that indicates that the cigarettes meet the

standards of this section.

(b) A manufacturer must use only one marking, and must apply this marking uniformly

for all packages (including, but not limited to, packs, cartons, and cases) and brands marketed by

that manufacturer.

(d) Prior to the certification of any cigarette, a manufacturer shall present its proposed

marking to the director for approval. Upon receipt of the request, the director shall approve or

disapprove the marking offered, except that the director shall approve any marking in use and

approved for sale in this state pursuant to the New York Fire Safety Standards for Cigarettes.

Proposed markings shall be deemed approved if the director fails to act with ten (10) business

days of receiving a request for approval.

(e) No manufacturer shall modify its approved marking unless the modification has been

approved by the director in accordance with this section.

(f) Manufacturers certifying cigarettes in accordance with section 23-20.11-5 shall

provide a copy of such certifications to all wholesale dealers and agents to which they sell

cigarettes, and shall also provide sufficient copies of an illustration of the package marking

utilized by the manufacturer pursuant to section for each retail dealer to which the wholesale

dealers or agents sell cigarettes. Wholesale dealers and agents shall provide a copy of these

package markings received from manufacturers to all retail dealers to which they sell cigarettes.

Wholesale dealers, agents, and retail dealers shall permit the director, the department of taxation,

the attorney general, their employees, or other law enforcement personnel, to inspect markings of

cigarette packaging marked in accordance with this section.

23-20.11-7. Enforcement and penalties. -- (a) Any manufacturer, wholesale dealer,

agent or any other person or entity who knowingly sells or offers to sell cigarettes, other than

through retail sale, in violation of section 23-20.11-4 shall, for first offense be subject to a civil

penalty not to exceed ten thousand dollars ($10,000) per each such sale of such cigarettes, and for

a subsequent offense be subject to a civil penalty not to exceed twenty-five thousand dollars

($25,000) per each such sale of cigarettes, provided that in no case shall the penalty against any

such person or entity exceed one hundred thousand dollars ($100,000) for sales or offers to sell

during a thirty (30) day period. Any retail dealer who knowingly sells or offers to sell cigarettes

in violation of section 23-20.11-4 shall be subject to the following: (1) for a first offense be

subject to a civil penalty not to exceed five hundred dollars ($500), and for a subsequent offense

be subject to a civil penalty not to exceed two thousand dollars ($2,000), per each such sale or

offer for sale of cigarettes; provided, that the total number of cigarettes sold or offered for sale in

such sale does not exceed one thousand (1,000) cigarettes; (2) for a first offense be subject to a

civil penalty not to exceed one thousand dollars ($1,000), and for a subsequent offense be subject

to a civil penalty not to exceed five thousand dollars ($5,000) per each such sale or offer for sale

of such cigarettes; provided, that the total number of cigarettes sold or offered for sale in such

sale exceeds one thousand (1,000) cigarettes, provided that this penalty against any retail dealer

shall not exceed twenty-five thousand dollars ($25,000) during a thirty (30) day period. In

addition to any penalty prescribed by law, any corporation, partnership, sole proprietor, limited

partnership or association engaged in the manufacturer of cigarettes that knowingly makes a false

certification pursuant to section 23-20.11-5 shall, for a first offense be subject to a civil penalty

not to exceed ten thousand dollars ($10,000) and for a subsequent offense a civil penalty not to

exceed twenty-five thousand dollars ($25,000), for each such false certification. Any person

violating any other provision in this section shall be subject to a civil penalty for a first offense

not to exceed one thousand dollars ($1,000), and for a subsequent offense subject to a civil

penalty not to exceed five thousand dollars ($5,000) for each such violation. Any cigarettes that

have been sold or offered for sale that do not comply with the safety standard required by section

23-20.11-4 shall be subject to forfeiture an disposal by the state; provided, however, that prior to

the destruction of any cigarette forfeited pursuant to these provision, the true holder of the

trademark rights in the cigarette brand shall be permitted to inspect such cigarette.

(b) The director is authorized to enforce this legislation and to promulgate regulations as

necessary to effectuate the purposes of this law.

inspections of wholesale dealers, agents, and retail dealers, may inspect cigarettes to determine if

the cigarettes are marked as required by section 23-20.11-6 of this act. If the cigarettes are not

marked as required, the director of the division of taxation shall notify the director.

(d) In addition to any other remedy provided by law, the attorney general may file an

action in state court for a violation of this chapter, including petitioning for injunctive relief or to

recover any costs or damages suffered by the state government because of a violation of this

section, including enforcement costs relating to the specific violation and attorney's fees. Each

violation of this section or of rules adopted under this section constitutes a separate civil violation

for which the attorney general may obtain relief.

(e) To enforce the provisions of this act, the attorney general and the director are hereby

authorized to examine the books, papers, invoices and other records of any person in possession,

control or occupancy of any premises where cigarettes are placed, stored, sold or offered for sale,

as well as the stock of cigarettes in any such premises. Every person in the possession, control or

occupancy of any premises where cigarettes are placed, sold or offered for sale, is hereby directed

and required to give the attorney general and the director the means, facilities and opportunity for

the examinations authorized by this section.

23-20.11-8. Fire prevention and public safety fund. -- There is hereby established in

the custody of the state comptroller a special fund to be known as the "Fire Prevention and Public

Safety Fund." The fund shall consist of all monies recovered as penalties hereunder. Monies shall

be deposited to the credit of the fund and shall, in addition to any other monies made available for

such purpose, be available to the director to support fire safety and prevention programs. All

payments from the fund shall be made on the audit and warrant of the state treasurer on vouchers

certified and submitted by the director.

23-20.11-9. Effect of federal regulation. -- This act shall be repealed if a federal

reduced cigarette ignition propensity standard that preempts this act is adopted and becomes

effective.

23-20.11-10. Local regulation. -- Notwithstanding any other provision of law, the local

governmental units of this state may neither enact nor enforce any ordinance or other local law or

regulation conflicting with, or preempted by, any provision of this act or with any policy of this

state expressed by this act, whether that policy be expressed by inclusion of a provision in the act

or by exclusion of that subject from the act.

SECTION 2. This act shall take effect on the first day of the thirteenth month after

enactment, and the requirement that only cigarettes certified as compliant with the performance

standard herein may be sold shall not prohibit wholesale dealers or retail dealers from selling

their existing inventory of cigarettes on or after the effective date of this act if the wholesale

dealer or retailer can establish that state tax stamps were affixed to the cigarettes prior to the

effective date of this act, and if such wholesale dealer or retailer dealer can establish that such

inventory was purchased prior to the effective date of this act in comparable quantity to the

inventory purchased during the same period of the prior year. Nothing in this act shall be

construed to prohibit any person or entity from manufacturing or selling cigarettes that do not

meet the requirements of section 23-20.11-4 if such cigarettes are or will be stamped for sale in

another state or are packaged for sale outside the United States.

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LC00375/SUB B

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