320.356. Testing verification reports, content--state fire marshal certification--fee--retesting required, when.
Testing verification reports, content--state fire marshalcertification--fee--retesting required, when.
320.356. 1. Each manufacturer shall submit to the state fire marshala written certification attesting that each cigarette listed in thecertification has been tested in accordance with and meets the performancestandard set forth in section 320.353.
2. Each cigarette listed in the certification shall be described withthe 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 nonfilter;
(7) Package description, such as soft pack or box;
(8) Marking under section 320.359;
(9) The name, address, and telephone number of the laboratory, ifdifferent than the manufacturer that conducted the test; and
(10) The date that the testing occurred.
3. The state fire marshal shall make the certifications available tothe state attorney general and the department for purposes consistent withsections 320.350 to 320.374. Not later than January 31, 2011, thedepartment shall develop, maintain, and update in a timely manner adirectory listing all cigarette manufacturers and brand styles for which acertificate required under this section has been filed with the state firemarshal. The directory shall be for informational purposes only and shallbe continuously and conspicuously posted on the department's web site forpublic inspection. Wholesalers and retailers may lawfully purchase andsell any and all brand styles listed on the directory, including inventoryof said brand styles. Notwithstanding the other provisions of thissubsection, unless enjoined by a court of competent jurisdiction undersubsection 6 of section 320.362 or subject to sequestration undersubsection 5 of section 320.362, any and all brand styles that satisfy therequirements of section 320.353 may be lawfully sold in the state.
4. Each cigarette certified under this section shall be recertifiedevery three years.
5. For each brand family of cigarettes listed for certification, amanufacturer shall pay a fee of one thousand dollars to the state firemarshal. The fee paid shall apply to all cigarettes within the brandfamily certified and shall include any new cigarette certified within thebrand family during the three-year certification period.
6. If a manufacturer has certified a cigarette under this section andthereafter makes any change to such cigarette that is likely to alter itscompliance with the reduced cigarette ignition propensity standardsrequired by sections 320.350 to 320.374, such cigarette shall not be soldor offered for sale in this state until the manufacturer retests thecigarette in accordance with the testing standards and maintains records ofsuch retesting as required by section 320.353. Any altered cigarette whichdoes not meet the performance standard set forth in section 320.353 shallnot be sold in this state.
(L. 2009 H.B. 205)Effective 1-01-11