59.1-293.2 - (For contingent expiration, see Editor's note) Testing and certification of cigarettes.
§ 59.1-293.2. (For contingent expiration, see Editor's note) Testing andcertification of cigarettes.
A. Except as provided in subsection N, no cigarettes may be sold or offeredfor sale in the Commonwealth or offered for sale or sold to persons locatedin the Commonwealth unless:
1. The cigarettes have been tested in accordance with the test method andmeet the performance standard specified in this section;
2. The manufacturer has filed a written certification in accordance with §59.1-293.3; and
3. The cigarettes have been marked in accordance with § 59.1-293.4.
B. The performance standard for cigarettes sold or offered for sale in theCommonwealth is stated in subdivision E 1.
C. Testing of cigarettes shall be conducted in accordance with the AmericanSociety of Testing and Materials (ASTM) Standard E2187-04 "Standard TestMethod for Measuring the Ignition Strength of Cigarettes." The Commissioner,in consultation with the State Fire Marshal, may adopt a subsequent ASTMStandard Test Method for Measuring the Ignition Strength of Cigarettes on afinding that the subsequent method does not result in a change in thepercentage of full-length burns exhibited by any tested cigarette whencompared to the percentage of full-length burns the same cigarette wouldexhibit when tested in accordance with ASTM standard E2187-04 and theperformance standard of this section.
D. Testing of cigarettes shall be conducted on 10 layers of filter paper.
E. 1. No more than 25 percent of the cigarettes tested in a test trial shallexhibit full-length burns.
2. Forty replicate tests shall comprise a complete test trial for eachcigarette tested.
F. The performance standard required by this section shall only be applied toa complete test trial.
G. Written certifications shall be based upon testing conducted by alaboratory that has been accredited pursuant to Standard ISO/IEC 17025 of theInternational Organization for Standardization or other comparableaccreditation standard required by the Commissioner.
H. Each laboratory that conducts tests in accordance with this section shallimplement a quality control and quality assurance program that includes aprocedure to determine the repeatability of the testing results. Therepeatability value shall be no greater than 0.19.
I. Each cigarette listed in a certification that uses lowered permeabilitybands in the cigarette paper to achieve compliance with the performancestandard of this section shall have at least two nominally identical bands onthe paper surrounding the tobacco column. At least one complete band shall belocated at least 15 millimeters from the lighting end of the cigarette. For acigarette on which the bands are positioned by design, at least two bandsshall be located at least 15 millimeters from the lighting end and 10millimeters from the filter end of the tobacco column. For an unfilteredcigarette, the two complete bands shall be located at least 15 millimetersfrom the lighting end and 10 millimeters from the labeled end of the tobaccocolumn.
J. If the Commissioner determines that a cigarette cannot be tested inaccordance with the test method required by this section, the manufacturer ofthe cigarette shall propose to the Commissioner a test method and performancestandard for that cigarette. The Commissioner, in consultation with the StateFire Marshal, may approve a test method and performance standard that theCommissioner determines is equivalent to the requirements of this section,and the manufacturer may use that test method and performance standard forcertification in accordance with § 59.1-293.3. If the Commissioner determinesthat another state has enacted reduced cigarette ignition propensitystandards that include a test method and performance standard that are thesame as those contained in this chapter, and the Commissioner finds that theofficials responsible for implementing those requirements have approved theproposed alternative test method and performance standard for a particularcigarette proposed by a manufacturer as meeting the reduced cigaretteignition propensity standards of that state's law or regulation under a legalprovision comparable to this section, then the Commissioner shall authorizethat manufacturer to employ the alternative test method and performancestandard to certify that cigarette for sale in the Commonwealth, unless theCommissioner demonstrates a reasonable basis why the alternative test shouldnot be accepted under this chapter. All other applicable requirements of thissection shall apply to the manufacturer.
K. This section does not require additional testing for cigarettes that aretested in a manner consistent with the requirements of this section for anyother purpose.
L. Each manufacturer shall maintain copies of the reports of all testsconducted on all cigarettes offered for sale for a period of three years, andshall make copies of these reports available to the Commissioner, State FireMarshal, and Attorney General on written request. Any manufacturer who failsto make copies of these reports available within 60 days of receiving awritten request shall be subject to a civil penalty not to exceed $10,000 foreach day after the 60th day that the manufacturer does not make such copiesavailable.
M. Testing performed or sponsored by the Commissioner to determine acigarette's compliance with the performance standard required by this sectionshall be conducted in accordance with this section.
N. The requirements of subsection A shall not prohibit:
1. Wholesalers or retailers from selling their existing inventory ofcigarettes on or after the effective date of this chapter if the wholesaleror retailer can establish that state tax stamps were affixed to thecigarettes prior to the effective date and the wholesaler or retailer canestablish that the inventory was purchased prior to the effective date incomparable quantity to the inventory purchased during the same period of theprior year; or
2. The sale of cigarettes solely for the purpose of consumer testing. Forpurposes of this subdivision, the term "consumer testing" shall mean 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.
(2008, cc. 96, 348.)