31-603. Same; cigarette ignition strength; testing; performance standards; certification prior to sale; reports; duties of state fire marshal; exceptions. - Kansas Statutes

31-603

Chapter 31.--FIRE PROTECTION Article 6.--FIRE SAFETY STANDARDS FOR CIGARETTES

      31-603.   Same; cigarette ignition strength; testing;performance standards; certification prior to sale; reports; duties of statefire marshal; exceptions.(a) Except as provided in subsection (h), no cigarettes may be sold or offeredfor sale in this state or offered for sale or sold to any person located inthis state unless the cigarettes have been tested in accordance with the testmethod and meet the performancestandard specified in this section, a written certification has been filed bythe manufacturer with the state fire marshal in accordance with K.S.A. 2009Supp. 31-604, and amendments thereto, and the cigarettes have been marked inaccordance withK.S.A. 2009 Supp.31-605, and amendments thereto.

      (b) (1)   Testing of cigarettes shall be conducted in accordance with theAmerican society of testing and materials (ASTM) standard E2187-04, "StandardTest Method for Measuring theIgnition Strength of Cigarettes."

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

      (3)   No more than 25% of the cigarettes tested in a test trial in accordancewith this sectionshall exhibit full-length burns. Forty replicate tests shall comprise acomplete test trial for eachcigarette tested.

      (4)   The performance standard required by this section shall be applied onlyto a completetest trial.

      (5)   Written certifications shall be based upon testing conducted by alaboratory that has beenaccredited pursuant to standard ISO/IEC 17025 of the international organizationfor standardization (ISO) or other comparable accreditation standard requiredby the state firemarshal.

      (6)   Laboratories conducting testing in accordance with this section shallimplement a qualitycontrol and quality assurance program that includes a procedure that willdetermine the repeatabilityof the testing results. The repeatability value shall be no greater than 0.19.

      (7)   This section does not require additional testing if cigarettes are testedin a manner whichis consistent with this act for any other purpose.

      (8)   Testing performed or sponsored by the state fire marshal to determine acigarette'scompliance with the performance standard required shall be conducted inaccordance with thissection.

      (c)   Each cigarette listed in a certification submitted pursuant to K.S.A.2009 Supp. 31-604, and amendmentsthereto, that uses lowered permeability bands in the cigarette paper to achievecompliance with theperformance standard set forth in this section shall have at least twonominally identical bands onthe paper surrounding the tobacco column. At least one complete band shall belocated at least 15millimeters from the lighting end of the cigarette. For cigarettes on which thebands are positionedby design, there shall be at least two bands fully located at least 15millimeters from the lighting endand 10 millimeters from the filter end of the tobacco column, or 10 millimetersfrom the labeled endof the tobacco column for non-filtered cigarettes.

      (d)   A manufacturer of a cigarette that the state fire marshal determinescannot be tested inaccordance with the test method prescribed in subsection (b) shall propose atest method andperformance standard for the cigarette to the state fire marshal. Upon approvalof the proposed testmethod and a determination by the state fire marshal that the performancestandard proposed by themanufacturer is equivalent to the performance standard prescribed in subsection(b)(3) of thissection, the manufacturer may employ such test method and performance standardto certify suchcigarette pursuant toK.S.A. 2009 Supp.31-604, and amendments thereto. If thestate fire marshal determines thatanother state has enacted reduced cigarette ignition propensity standards thatinclude a test methodand performance standard that are the same as those contained in this act, andthe state fire marshalfinds that the officials responsible for implementing those requirements haveapproved the proposedalternative test method and performance standard for a particular cigaretteproposed by amanufacturer as meeting the fire safety standards of that state's law orregulation under a legalprovision comparable to this section, then the state fire marshal shallauthorize that manufacturer to employ the alternative test method andperformance standard to certify that cigarette for sale inthisstate, unless the state fire marshal demonstrates a reasonable basis why thealternative test shouldnot be accepted under this act. All other applicable requirements of thissection shall apply to themanufacturer.

      (e)   Each manufacturer shall maintain copies of the reports of all testsconducted on allcigarettes offered for sale for a period of three years, and shall make copiesofthese reports available tothe state fire marshal and the attorney general upon written request. Anymanufacturer who fails tomake copies of these reports available within 60 days of receiving a writtenrequest shall be subjectto a civil penalty not to exceed $10,000 for each day after the sixtieth daythat the manufacturer doesnot make such copies available.

      (f)   The state fire marshal may adopt a subsequent ASTM standard test methodfor measuringthe ignition strength of cigarettes upon a finding that such subsequent methoddoes not result in achange in the percentage of full-length burns exhibited by any tested cigarettewhen compared to thepercentage of full-length burns the same cigarette would exhibit when tested inaccordance withASTM standard E2187-04 and the performance standard in subsection (b)(3) ofthis section.

      (g)   The state fire marshal shall review the effectiveness of this section andreport every threeyears to the legislature the state fire marshal's findings and, if appropriate,recommendations forlegislation to improve the effectiveness of this act. The report andlegislative recommendations shallbe submitted no later than June 30 following the conclusion of each three-yearperiod.

      (h)   The requirements of subsection (a) shall not prohibit: (1) Awholesaledealer, retail dealeror vending machine operator from selling their existing inventory of cigaretteson or after July 1, 2009, if the wholesale dealer, retail dealer or vendingmachine operator can establish that state taxstamps were affixed to such cigarettes prior to July 1, 2009, and if thewholesale dealer, retail dealeror vending machine operator can establish that the inventory was purchasedprior to July 1, 2009,in comparable quantity to the inventory purchased during the same period oftime in the prior year.In no event may a wholesale dealer, retail dealer or vending machine operatorsell or offer for salea cigarette in this state that does not comply with this act after July 1,2010; or (2)the sale ofcigarettes solely for thepurpose of consumer testing. For purposes of this subsection, the term"consumer testing" meansan assessment of cigarettes that is conducted by a manufacturer, or under thecontrol and directionof a manufacturer, for the purpose of evaluating consumer acceptance of suchcigarettes, utilizingonly the quantity of cigarettes that is reasonably necessary for suchassessment.

      (i)   The provisions of this section shall take effect and be in force from andafter July 1, 2009.

      History:   L. 2008, ch. 135, § 3; July 1.