Full Text of SB2302 94th General Assembly
SB2302sam001 94TH GENERAL ASSEMBLY
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Sen. William R. Haine
Filed: 2/24/2006
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| AMENDMENT TO SENATE BILL 2302
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| AMENDMENT NO. ______. Amend Senate Bill 2302 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the | 5 |
| Cigarette Fire Safety Standard Act.
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| Section 5. Definitions. As used in this Act: | 7 |
| "Agent" means any person licensed by the Department of | 8 |
| Revenue to purchase and affix adhesive or meter stamps on | 9 |
| packages of cigarettes. | 10 |
| "Cigarette" means any roll for smoking, whether made wholly | 11 |
| or in part of tobacco or any other substance, irrespective of | 12 |
| size or shape, and whether or not such tobacco or substance is | 13 |
| flavored, adulterated, or mixed with any other ingredient, the | 14 |
| wrapper or cover of which is made of paper or any other | 15 |
| substance or material except tobacco. | 16 |
| "Manufacturer" means: | 17 |
| (1) any entity that manufactures or otherwise produces | 18 |
| cigarettes or causes cigarettes to be manufactured or | 19 |
| produced anywhere that the manufacturer intends to be sold | 20 |
| in this State, including cigarettes intended to be sold in | 21 |
| the United States through an importer; | 22 |
| (2) the first purchaser anywhere that intends to resell | 23 |
| in the United States cigarettes manufactured anywhere that | 24 |
| the original manufacturer or maker does not intend to be |
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| sold in the United States; or | 2 |
| (3) any entity that becomes a successor of an entity | 3 |
| described in items (1) or (2) of this definition. | 4 |
| "Repeatability" means the range of values within which the | 5 |
| repeat results of cigarette test trials from a single | 6 |
| laboratory will fall 95% of the time. | 7 |
| "Retail dealer" means any person, other than a wholesale | 8 |
| dealer, engaged in selling cigarettes or tobacco products. | 9 |
| "Sale" means any transfer of title or possession or both, | 10 |
| exchange or barter, conditional or otherwise, in any manner or | 11 |
| by any means whatever or any agreement therefor. In addition to | 12 |
| cash and credit sales, the giving of cigarettes as samples, | 13 |
| prizes, or gifts and the exchanging of cigarettes for any | 14 |
| consideration other than money are considered sales. | 15 |
| "Sell" means to sell, or to offer or agree to do the same. | 16 |
| "Quality control and quality assurance program" means the | 17 |
| laboratory procedures implemented to ensure that operator | 18 |
| bias, systematic and nonsystematic methodological errors, and | 19 |
| equipment-related problems do not affect the results of the | 20 |
| testing. This program ensures that the testing repeatability | 21 |
| remains within the required repeatability values stated in | 22 |
| subsection (e) of Section 15 of this Act for all test trials | 23 |
| used to certify cigarettes in accordance with this Act. | 24 |
| "Wholesale dealer" means any person who sells cigarettes or | 25 |
| tobacco products to retail dealers or other persons for | 26 |
| purposes of resale, and any person who owns, operates, or | 27 |
| maintains one or more cigarette or tobacco product vending | 28 |
| machines in, at, or upon premises owned or occupied by any | 29 |
| other person.
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| Section 10. General requirements. | 31 |
| (a) On and after the effective date of this Act, no | 32 |
| cigarettes shall be sold or offered for sale in this State | 33 |
| unless: |
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| (1) the cigarettes have been tested in accordance with | 2 |
| the test method prescribed in Section 15 of this Act; | 3 |
| (2) the cigarettes meet the performance standard | 4 |
| specified in Section 20 of this Act; and | 5 |
| (3) a written certification has been filed by the | 6 |
| manufacturer with the Office of the State Fire Marshal and | 7 |
| the Office of Attorney General in accordance with Section | 8 |
| 30 of this Act. | 9 |
| (b) Nothing in this Act prohibits wholesale dealers or | 10 |
| retail dealers from selling their inventory of cigarettes | 11 |
| existing on the effective date of this Act, provided that the | 12 |
| wholesale dealer or retail dealer establishes that tax stamps | 13 |
| were affixed to the cigarettes pursuant to Section 3 of the | 14 |
| Cigarette Tax Act before the effective date of this Act, and | 15 |
| provided further that the wholesale dealer or retail dealer | 16 |
| establishes that the inventory was purchased before the | 17 |
| effective date of this Act in comparable quantity to the amount | 18 |
| of inventory purchased during the same period of the prior | 19 |
| year. | 20 |
| (c) Nothing in this Act shall be construed to prohibit any | 21 |
| person or entity from selling or offering for sale cigarettes | 22 |
| that have not been certified by the manufacturer in accordance | 23 |
| with Section 30 of this Act if the cigarettes are or will be | 24 |
| stamped for sale in another state or are packaged for sale | 25 |
| outside the United States.
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| Section 15. Test method.
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| (a) Testing of cigarettes shall be conducted in accordance | 28 |
| with the American Society of Testing and Materials ("ASTM") | 29 |
| standard E2187-04, "Standard Test Method for Measuring the | 30 |
| Ignition Strength of Cigarettes". The Office of the State Fire | 31 |
| Marshal may adopt a subsequent ASTM Standard Test Method for | 32 |
| Measuring the Ignition Strength of Cigarettes upon a finding | 33 |
| that the subsequent method does not result in a change in the |
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| percentage of full-length burns exhibited by any tested | 2 |
| cigarette when compared to the percentage of full-length burns | 3 |
| the same cigarette would exhibit when tested in accordance with | 4 |
| ASTM Standard E2187-04 and the performance standard in Section | 5 |
| 20 of this Act. | 6 |
| (b) Testing shall be conducted on 10 layers of filter | 7 |
| paper. | 8 |
| (c) Forty replicate tests shall comprise a complete test | 9 |
| trial for each cigarette tested. | 10 |
| (d) The performance standard required by Section 20 of this | 11 |
| Act shall only be applied to a complete test trial. | 12 |
| (e) Laboratories conducting testing in accordance with | 13 |
| this Section shall implement a quality control and quality | 14 |
| assurance program that includes a procedure that will determine | 15 |
| the repeatability of the testing results. The repeatability | 16 |
| value shall be no greater than 0.19 pursuant to Section 20 of | 17 |
| this Act. | 18 |
| (f) This Section does not require additional testing if | 19 |
| cigarettes are tested consistent with this Act for any other | 20 |
| purpose.
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| Section 20. Performance standard. | 22 |
| (a) When tested in accordance with Section 15 of this Act, | 23 |
| no more than 25% of the cigarettes tested in a test trial shall | 24 |
| exhibit full length burns. | 25 |
| (b) Each cigarette listed in a certification submitted in | 26 |
| accordance with Section 30 of this Act that uses lowered | 27 |
| permeability bands in the cigarette paper to achieve compliance | 28 |
| with the performance standard set forth in subsection (a) of | 29 |
| this Section shall have at least 2 nominally identical bands on | 30 |
| the paper surrounding the tobacco column. At least one complete | 31 |
| band shall be located at least 15 millimeters from the lighting | 32 |
| end of the cigarette. For cigarettes on which the bands are | 33 |
| positioned by design, there shall be at least 2 bands fully |
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| located at least 15 millimeters from the lighting end and | 2 |
| either (i) 10 millimeters from the filter end of the tobacco | 3 |
| column, or (ii) 10 millimeters from the labeled end of the | 4 |
| tobacco column for non-filtered cigarettes. | 5 |
| (c) The manufacturer or manufacturers of a cigarette that | 6 |
| the Office of the State Fire Marshal determines cannot be | 7 |
| tested in accordance with the test method prescribed in Section | 8 |
| 15 of this Act shall propose a test method and performance | 9 |
| standard for such cigarette to the Office of the State Fire | 10 |
| Marshal. Upon approval of the proposed test method and a | 11 |
| determination by the Office of the State Fire Marshal that the | 12 |
| performance standard proposed by the manufacturer or | 13 |
| manufacturers is equivalent to the performance standard | 14 |
| prescribed in subsection (a) of this Section, the manufacturer | 15 |
| or manufacturers may employ such test method and performance | 16 |
| standard to certify such cigarette in accordance with Section | 17 |
| 30 of this Act. If the State Fire Marshal determines that | 18 |
| another state has enacted reduced cigarette ignition | 19 |
| propensity standards that include a test method and performance | 20 |
| standard, and that are at least as stringent in reducing | 21 |
| cigarette ignition propensity as those contained in this Act, | 22 |
| and the State Fire Marshal finds that the officials responsible | 23 |
| for implementing those requirements have made an independent | 24 |
| analysis and approved the proposed alternative test method and | 25 |
| performance standard for a particular cigarette proposed by a | 26 |
| manufacturer as meeting the fire safety standards of that | 27 |
| state's law or regulation under a legal provision comparable to | 28 |
| this subsection (c), then the State Fire Marshal shall | 29 |
| authorize that manufacturer to employ the alternative test | 30 |
| method and performance standard to certify that cigarette for | 31 |
| sale in this State, unless the State Fire Marshal demonstrates | 32 |
| a reasonable basis why the alternative test should not be | 33 |
| accepted under this Act. All other applicable requirements of | 34 |
| this Act shall apply to such manufacturer or manufacturers.
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| (d) This Act shall be implemented in accordance with the | 2 |
| implementation and substance of the New York Fire Safety | 3 |
| Standards for Cigarettes. | 4 |
| Section 25. Test data. To ensure compliance with the | 5 |
| performance standard specified in Section 20 of this Act, data | 6 |
| from testing conducted by manufacturers to comply with this | 7 |
| performance standard shall be kept on file by the manufacturers | 8 |
| for a period of 3 years and shall be sent to the Office of the | 9 |
| State Fire Marshal upon its request and to the Office of the | 10 |
| Attorney General upon its request.
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| Section 30. Certification.
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| (a) Each manufacturer shall submit a written certification | 13 |
| attesting that: | 14 |
| (1) each cigarette listed in the certification has been | 15 |
| tested in accordance with Section 15 of this Act; and | 16 |
| (2) each cigarette listed in the certification meets | 17 |
| the performance standard set forth in Section 20 of this | 18 |
| Act. | 19 |
| (b) Each cigarette listed in the certification shall be | 20 |
| described with the following information: | 21 |
| (1) brand (i.e., the trade name on the package); | 22 |
| (2) style (e.g., light, ultra light); | 23 |
| (3) length in millimeters; | 24 |
| (4) circumference in millimeters; | 25 |
| (5) flavor (e.g., menthol, chocolate) if applicable; | 26 |
| (6) filter or non-filter; | 27 |
| (7) package description (e.g., soft pack, box); and | 28 |
| (8) marking approved in accordance with Section 40 of | 29 |
| this Act. | 30 |
| (c) Each cigarette certified under this Section shall be | 31 |
| re-certified every 3 years.
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| Section 35. Notification of certification. Manufacturers | 2 |
| certifying cigarettes in accordance with Section 30 of this Act | 3 |
| shall provide a copy of the certifications to all wholesale | 4 |
| dealers and agents to which they sell cigarettes, and shall | 5 |
| also provide sufficient copies of an illustration of the | 6 |
| cigarette packaging marking used by the manufacturer in | 7 |
| accordance with Section 40 of this Act for each retail dealer | 8 |
| to which the wholesale dealers and agents sell cigarettes. | 9 |
| Wholesale dealers and agents shall provide a copy of these | 10 |
| cigarette packaging markings received from manufacturers to | 11 |
| all retail dealers to which they sell cigarettes. Wholesale | 12 |
| dealers, agents, and retail dealers shall permit the Office of | 13 |
| the State Fire Marshal to inspect markings of cigarette | 14 |
| packaging marked in accordance with Section 40 of this Act.
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| Section 40. Marking of cigarette packaging.
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| (a) Cigarettes that have been certified by a manufacturer | 17 |
| in accordance with Section 30 of this Act shall be marked to | 18 |
| indicate compliance with the requirements of this Act. The | 19 |
| marking shall be in 8-point type or larger and consist of: | 20 |
| (1) modification of the product UPC Code to include a | 21 |
| visible mark printed at or around the area of the UPC Code. | 22 |
| The mark may consist of alphanumeric or symbolic characters | 23 |
| permanently stamped, engraved, embossed, or printed in | 24 |
| conjunction with the UPC Code; | 25 |
| (2) any visible combination of alphanumeric or | 26 |
| symbolic characters permanently stamped, engraved, or | 27 |
| embossed upon the cigarette package or cellophane wrap; or | 28 |
| (3) printed, stamped, engraved, or embossed text that | 29 |
| indicates that the cigarettes meet the standards of this | 30 |
| Act. | 31 |
| (b) A manufacturer must use only one marking, and must | 32 |
| apply this marking uniformly for all packages including, but | 33 |
| not limited to, packs, cartons, and cases and to brands |
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| marketed by that manufacturer. | 2 |
| (c) The Office of the State Fire Marshal must be notified | 3 |
| as to the marking that is selected. | 4 |
| (d) Prior to the certification of any cigarette, a | 5 |
| manufacturer shall present its proposed marking to the Office | 6 |
| of the State Fire Marshal for approval. Upon receipt of the | 7 |
| request, the Office of the State Fire Marshal shall approve or | 8 |
| disapprove the marking offered. A marking in use and approved | 9 |
| for the sale of cigarettes in the State of New York shall be | 10 |
| deemed approved. Proposed markings shall be deemed approved if | 11 |
| the Office of the State Fire Marshal fails to act within 10 | 12 |
| business days of receiving a request for approval. | 13 |
| (e) No manufacturer shall modify its approved marking | 14 |
| unless the modification has been approved by the Office of the | 15 |
| State Fire Marshal in accordance with this Section.
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| Section 45. Penalties; Cigarette Fire Safety Standard Act | 17 |
| Fund.
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| (a) Any wholesale dealer, agent, or other person or entity | 19 |
| who knowingly sells cigarettes wholesale in violation of item | 20 |
| (3) of subsection (a) of Section 10 of this Act shall be | 21 |
| subject to a civil penalty not to exceed $10,000 for each sale | 22 |
| of the cigarettes. Any retail dealer who knowingly sells | 23 |
| cigarettes in violation of Section 10 of this Act shall be | 24 |
| subject to the following: (i) a civil penalty not to exceed | 25 |
| $500 for each sale or offer for sale of cigarettes, provided | 26 |
| that the total number of cigarettes sold or offered for sale in | 27 |
| such sale does not exceed 1,000 cigarettes; (ii) a civil | 28 |
| penalty not to exceed $1,000 for each sale or offer for sale of | 29 |
| the cigarettes, provided that the total number of cigarettes | 30 |
| sold or offered for sale in such sale exceeds 1,000 cigarettes. | 31 |
| (b) In addition to any penalty prescribed by law, any | 32 |
| corporation, partnership, sole proprietor, limited | 33 |
| partnership, or association engaged in the manufacture of |
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| cigarettes that knowingly makes a false certification pursuant | 2 |
| to Section 30 of this Act shall be subject to a civil penalty | 3 |
| not to exceed $10,000 for each false certification. | 4 |
| (c) Upon discovery by the Office of the State Fire Marshal, | 5 |
| the Department of Revenue, the Office of the Attorney General, | 6 |
| or a law enforcement agency that any person offers, possesses | 7 |
| for sale, or has made a sale of cigarettes in violation of | 8 |
| Section 10 of this Act, the Office of the State Fire Marshal, | 9 |
| the Department of Revenue, the Office of the Attorney General, | 10 |
| or the law enforcement agency may seize those cigarettes | 11 |
| possessed in violation of this Act. | 12 |
| (d) The Cigarette Fire Safety Standard Act Fund is | 13 |
| established as a special fund in the State treasury. The Fund | 14 |
| shall consist of all moneys recovered by the Attorney General | 15 |
| from the assessment of civil penalties authorized by this | 16 |
| Section. The moneys in the Fund shall, in addition to any | 17 |
| moneys made available for such purpose, be available, subject | 18 |
| to appropriation, to the Office of the State Fire Marshal for | 19 |
| the purpose of fire safety and prevention programs.
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| Section 50. Enforcement. To enforce the provisions of this | 21 |
| Act, the Attorney General may bring an action on behalf of the | 22 |
| people of this State to enjoin acts in violation of this Act | 23 |
| and to recover civil penalties authorized under Section 45 of | 24 |
| this Act.
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| Section 55. Administration. The Office of the State Fire | 26 |
| Marshal shall be responsible for administering the provisions | 27 |
| of this Act.
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| Section 60. Applicability. This Act shall cease to be | 29 |
| applicable if federal fire safety standards for cigarettes that | 30 |
| preempt this Act are enacted and take effect subsequent to the | 31 |
| effective date of this Act and the State Fire Marshal so |
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| notifies the Secretary of State. | 2 |
| Section 900. The State Finance Act is amended by adding | 3 |
| Section 5.663 as follows: | 4 |
| (30 ILCS 105/5.663 new) | 5 |
| Sec. 5.663. The Cigarette Fire Safety Standard Act Fund. | 6 |
| Section 999. Effective date. This Act takes effect January | 7 |
| 1, 2008.".
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