2001 -- S 0160
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LC00928
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S T A T E O F R H O D E I S L A N D
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2001
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A N A C T
RELATING TO ESTABLISHING FIRE SAFETY STANDARDS FOR CIGARETTS
Introduced By: Senators Polisena, Damiani, Tassoni and Izzo
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 72
FIRE SAFETY STANDARDS FOR CIGARETTES
23-72-1. Short title. - - This chapter shall be known and may be cited as the "Fire Safety for Cigarettes Act."
23-72-2. Definitions:
"Cigarette" shall mean any roll for smoking made wholly or in part of tobacco or of 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.
"Sell" shall mean to sell, or to offer or agree to do the same.
"Office" shall mean the Division of the State Fire Marshal's Office.
23-72-3. Procedure - Time for Compliance. - - (a) Within two (2) years of the effective date of this chapter the office shall promulgate fire safety standards for cigarettes sold or offered for sale in Rhode Island. Such standards shall take effect as provided in section 23-72-4 and shall insure either: (1) that such cigarettes, if ignited, will stop burning within a time period specified by the standards if the cigarettes are not smoked during that period; or (2) that such cigarettes meet performance standards prescribed by the office of fire prevention and control to limit the risk that such cigarettes will ignite upholstered furniture, mattresses or other household furnishings.
(b) In promulgating fire safety standards for cigarettes pursuant to this chapter, the office, in consultation with the department of health, shall consider whether cigarettes manufactured in accordance with such standards may reasonably result in increased health risks to consumers.
(c) The office shall be responsible for administering the provisions of this chapter.
(d) The office shall report to the governor and the legislature no later than eighteen (18) months after this chapter takes effect on the status of its work in promulgating the fire safety standards required by this section.
23-72-4. Certification required. - - (a) On and after the date the fire safety standards take effect in accordance with this section, no cigarettes shall be sold or offered for sale in this state unless the manufacturer thereof has certified in writing to the office, the department of health and the attorney general that such cigarettes meet the performance standards prescribed by the office pursuant to section 23-72-2. Copies of such written certifications shall be provided by the certifying manufacturer to all wholesale distributors, as defined in section 44-20-1(c). The office shall prescribe procedures by which retail dealers are notified of which cigarettes have been certified by manufacturers as meeting the performance standards prescribed by the office.
(b) The fire safety standards required pursuant to section 23-72-3(a) shall take effect one hundred eighty (180) days after such standards are promulgated. On and after such date, no person or entity shall sell in this state cigarettes that have not been certified by the manufacturer in accordance with section 23-72-4(a).
23-72-5. Fines established. - - (a) Any wholesale distributor, as defined in 44-20-1(c), or any other person or entity who knowingly sells cigarettes wholesale in violation of this chapter shall be subject to a civil penalty not to exceed ten thousand dollars ($10,000.00) per each such sale of such cigarettes. Any retail dealer, as defined in section 44-20-1(e), who knowingly sells cigarettes in violation of this chapter shall be subject to the following:
(i) a civil penalty not to exceed five hundred dollars ($500.00) 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 does not exceed one thousand cigarettes;
(ii) a civil penalty not to exceed one thousand dollars ($1000.00) 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 cigarettes.
(b) In addition to any penalty prescribed by law, any corporation, partnership, sole proprietor, limited partnership or association engaged in the manufacture of cigarettes that knowingly makes a false certification pursuant to this section 23-72-4 shall be subject to a civil penalty not to exceed ten thousand dollars ($10,000.00) for each such false certification.
23-72-6. Establishment of the "Cigarette Fire Safety Fund". - - There is hereby established in the custody of the state treasurer a special fund to be known as the "Cigarette Fire Safety Act Fund". Such fund shall consist of all moneys recovered by the attorney general from the assessment of civil penalties authorized pursuant to section 23-72-5. Such monies shall be deposited to the credit of the fund and shall, in addition to any other moneys made available for such purpose, be available to the office for the purpose of fire safety and prevention programs. All payments from the cigarette fire safety act fund shall be made on the audit and warrant of the state treasurer on vouchers certified and submitted by the office.
23-72-7. Enforcement - Duties of the Attorney General. - - To enforce the provisions of this chapter, the attorney general may bring an action on behalf of the people of the state of Rhode Island to enjoin acts in violation of this chapter and to recover civil penalties authorized pursuant to section 23-72-5.
SECTION 2. This act shall take effect upon passage.
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LC00928
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO ESTABLISHING FIRE SAFETY STANDARDS FOR CIGARETTES
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This act would establish fire safety standards for cigarettes.
This act would take effect upon passage.