31-604. Same; manufacturer's certification of compliance with performance standards; recertification; fee; fire safety standard and firefighter protection act enforcement fund; administration; dir - Kansas Statutes

31-604

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

      31-604.   Same; manufacturer's certification ofcompliance with performance standards; recertification; fee; fire safetystandard and firefighter protection act enforcement fund; administration;directory of certified cigarettes; duties of attorney general.(a) Each manufacturer shall submit to the state fire marshal awritten certificationattesting that: (1) Each cigarette listed in the certification has been testedin accordance withK.S.A. 2009 Supp.31-603, and amendments thereto; and (2)each cigarette listed in the certificationmeets the performancestandard set forth inK.S.A. 2009 Supp.31-603, and amendments thereto.

      (b)   Each cigarette listed in the certification shall be described with thefollowinginformation:

      (1)   Brand or trade name on the package;

      (2)   style, such as lights, ultra lights,or low tar;

      (3)   length in millimeters;

      (4)   circumference in millimeters;

      (5)   flavor, such as menthol, chocolate or other, if applicable;

      (6)   filter or non-filter;

      (7)   package description, such as soft pack, box or other;

      (8)   the name, address and telephone number of the laboratory, if differentthan themanufacturer that conducted the test; and

      (9)   the date that the testing was conducted.

      (c)   For the purpose of compliance with this section, the state fire marshalshall accept completed certifications and make the completed certificationsavailable to the attorney general.

      (d)   Each cigarette certified under this section shall berecertified every three years.Initial cigarette certifications may be made at any time. Subsequentcertifications shall be madebefore July 31 of the subsequent certification year.

      (e)   Every manufacturer shall certify cigarettes within the state beforethe manufacturer, retaildealer, wholesale dealer or vending machine operator legally may offer amanufacturer's cigarettefor sale within the state. In order to obtain and maintain a listing on thedirectory created undersubsection (i), a manufacturer shall consent to the jurisdiction of the Kansascourts for the purposeof enforcement of this act and shall appoint a registered agent for service ofprocess in this state andshall identify the agent to the secretary of state.

      (f)   For each cigarette listed in a certification, a manufacturer shall payto the state fire marshal afee of $250. The state fire marshal may adjust such fee annually, by rule andregulation, to ensurethat such fee defrays the actual cost of processing, testing enforcement,administration and oversightactivities required by law.

      (g)   There is hereby established in the state treasury a separate, nonlapsingfund to be knownas the fire safety standard and firefighter protection act enforcement fundwhich shall beadministered by the state fire marshal.

      (h)   If a manufacturer has certified a cigarette pursuant to this section, andthereafter makesany change to such cigarette that is likely to alter its compliance with thereduced cigarette ignitionpropensity standards required by this act, that cigarette shall not be sold oroffered for sale in thisstate until the manufacturer retests the cigarette in accordance with thetesting standards set forth inK.S.A. 2009 Supp.31-603, and amendments thereto, and maintains records of thatretesting as required byK.S.A. 2009 Supp.31-603and amendments thereto. Any altered cigarettewhich does not meet theperformance standard setforth in K.S.A. 2009Supp. 31-603, and amendments thereto, may not be sold in this state.

      (i)   Not later thanJuly 31, 2009, the attorney general shall develop adirectory of all certifiedcigarettes under this act.The directory shall be updated as necessary andshall be posted on theattorney general'swebsite. Unless a wholesale dealer, retail dealer or vendingmachine operator hasactualknowledge thatcigarettes donot comply with this act, the wholesale dealer, retail dealer orvending machineoperator shallconsider any cigarette listed on the directory posted on thewebsite to be lawful to sellin this state for the purpose of compliance with this act by such wholesaledealer, retail dealer orvending machine operator.

      (j)   The provisions of this section shall take effect and be in forcefrom and after July 1, 2009.

      History:   L. 2008, ch. 135, § 4; July 1.