320.353. Cigarettes, testing requirements, standards--manufacturers to maintain copies of testing reports--state fire marshal may adopt subsequent standards, report required.
Cigarettes, testing requirements, standards--manufacturers to maintaincopies of testing reports--state fire marshal may adoptsubsequent standards, report required.
320.353. 1. Except as provided in subsection 7 of this section, nocigarettes shall be sold or offered for sale in this state or offered forsale or sold to persons located in this state unless the cigarettes havebeen tested in accordance with the test method and meet the performancestandard specified in this section, a written certification has been filedby the manufacturer with the state fire marshal in accordance with section320.356, and the cigarettes have been marked in accordance with section320.359. The following shall apply to such testing:
(1) Testing of cigarettes shall be conducted in accordance with theAmerican 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 layers of filter paper;
(3) No more than twenty-five percent of the cigarettes tested in atest trial in accordance with this section shall exhibit full-length burns.Forty replicate tests shall comprise a complete test trial for eachcigarette tested;
(4) The performance standard required by this section shall only beapplied to a complete test trial;
(5) Written certifications shall be based upon testing conducted by alaboratory that has been accredited under standard ISO/IEC 17025 of theInternational Organization for Standardization (ISO), or other comparableaccreditation standard required by the state fire marshal;
(6) Laboratories conducting testing in accordance with this sectionshall implement a quality control and quality assurance program thatincludes a procedure that will determine the repeatability of the testingresults. The repeatability value shall be no greater than nineteenone-hundredths;
(7) Nothing in this section shall be construed as requiringadditional testing if cigarettes are tested consistent with sections320.350 to 320.374 for any other purpose;
(8) Testing performed or sponsored by the state fire marshal todetermine a cigarette's compliance with the performance standard requiredshall be conducted in accordance with this section.
2. Each cigarette listed in a certification submitted under section320.356 that uses lowered permeability bands in the cigarette paper toachieve compliance with the performance standard set forth in this sectionshall have at least two nominally identical bands on the paper surroundingthe tobacco column. At least one complete band shall be located at leastfifteen millimeters from the lighting end of the cigarette. For cigaretteson which the bands are positioned by design, there shall be at least twobands fully located at least fifteen millimeters from the lighting end andten millimeters from the filter end of the tobacco column, or tenmillimeters from the labeled end of the tobacco column for nonfilteredcigarettes.
3. A manufacturer of a cigarette that the state fire marshaldetermines cannot be tested in accordance with the test method described insubdivision (1) of subsection 1 of this section shall propose a test methodand performance standard for the cigarette to the state fire marshal. Uponapproval of the proposed test method and a determination by the state firemarshal that the performance standard proposed by the manufacturer isequivalent to the performance standard prescribed in subdivision (3) ofsubsection 1 of this section, the manufacturer may employ such test methodand performance standard to certify such cigarette under section 320.356.If the state fire marshal determines that another state has enacted reducedcigarette ignition propensity standards that include a test method andperformance standard that are the same as those contained in sections320.350 to 320.374, and the state fire marshal finds that the officialsresponsible for implementing such requirements have approved the proposedalternative test method and performance standard for a particular cigaretteproposed by a manufacturer as meeting the fire safety standards of thatstate's law or regulation under a legal provision comparable to thissection, the state fire marshal shall authorize such manufacturer to employthe alternative test method and performance standard to certify thatcigarette for sale in this state, unless the state fire marshaldemonstrates a reasonable basis why the alternative test should not beaccepted under sections 320.350 to 320.374. All other applicablerequirements of this section shall apply to the manufacturer.
4. Each manufacturer shall maintain copies of the reports of alltests conducted on all cigarettes offered for sale for a period of threeyears, and shall make copies of such reports available to the state firemarshal and the state attorney general upon written request. Anymanufacturer who fails to make copies of such reports available withinsixty days of receiving a written request shall be subject to a civilpenalty not to exceed ten thousand dollars for each day after the sixtiethday that the manufacturer does not make such copies available.
5. The state fire marshal may adopt a subsequent ASTM Standard TestMethod for Measuring the Ignition Strength of Cigarettes upon a findingthat such subsequent method does not result in a change in the percentageof full-length burns exhibited by any tested cigarette when compared to thepercentage of full-length burns the same cigarette would exhibit whentested in accordance with ASTM Standard E2187-04 and the performancestandard in subdivision (3) of subsection 1 of this section.
6. The state fire marshal shall review the effectiveness of thissection and report every three years to the general assembly the state firemarshal's findings and, if appropriate, recommendations for legislation toimprove the effectiveness of sections 320.350 to 320.374. The report andlegislative recommendations shall be submitted by June thirtieth followingthe conclusion of each three-year period.
7. The requirements of this section shall not prohibit:
(1) Wholesalers or retailers from selling their existing inventory ofcigarettes on or after January 1, 2011, if the wholesaler or retailer canestablish that state tax stamps were affixed to the cigarettes prior toJanuary 1, 2011, and the wholesaler or retailer can establish that theinventory was purchased prior to January 1, 2011; or
(2) The sale of cigarettes solely for the purpose of consumertesting. For purposes of this subdivision, "consumer testing" means anassessment of cigarettes that is conducted by a manufacturer, or under thecontrol and direction of a manufacturer, for the purpose of evaluatingconsumer acceptance of such cigarettes, utilizing only the quantity ofcigarettes that is reasonably necessary for such assessment.
8. The cigarette testing, performance standard, and packagingprovisions in sections 320.350 to 320.374 shall be implemented in a mannerto obtain uniformity with the laws of those states that have enactedreduced cigarette ignition propensity standards as of January 1, 2011.
(L. 2009 H.B. 205)Effective 1-01-11