[§132C-3]  Cigarettes; reduced ignitionpropensity; manufacturer testing.  (a)  Except as provided in sections 132C-7and 132C-8, no cigarettes may be sold or offered for sale in this State oroffered for sale or sold to persons located in this State unless the cigaretteshave been tested in accordance with the test method and meet the performancestandard specified in this section, and the manufacturer has filed a writtencertification with the state fire council in accordance with section 132C-4(a)and the cigarettes have been marked in accordance with section 132C-4(b).

(1)  Testing of cigarettes shall be conducted inaccordance with the American Society of Testing and Materials standard E2187-04"Standard Test Method for Measuring the Ignition Strength ofCigarettes".  The state fire council may adopt as rules pursuant tochapter 91, a subsequent American Society of Testing and Materials StandardTest Method for Measuring the Ignition Strength of Cigarettes upon a findingthat the subsequent method does not result in a change in the percentage offull-length burns exhibited by any tested cigarette when compared to thepercentage of full-length burns the same cigarette would exhibit when tested inaccordance with American Society of Testing and Materials standard E2187-04 andthe performance standard of this section;

(2)  Testing of cigarettes shall be conducted on tenlayers of filter paper;

(3)  No more than twenty-five per cent of thecigarettes tested in a test trial shall exhibit full-length burns.  Fortyreplicate tests shall constitute a complete test trial for each cigarettetested;

(4)  The performance standard required by this sectionshall only be applied to a complete test trial;

(5)  Written certifications shall be based upontesting conducted by a laboratory that has been accredited pursuant to standardISO/IEC 17025 of the International Organization forStandardization/International Electrotechnical Commission, or other comparableaccreditation standard required by the state fire council;

(6)  Laboratories that conduct tests in accordancewith this section shall implement a quality control and quality assuranceprogram that includes a procedure to determine the repeatability of the testingresults.  The repeatability value shall be no greater than 0.19;

(7)  Each cigarette listed in a certification thatuses lowered permeability bands in the cigarette paper to achieve compliancewith the performance standard in this section shall have at least two nominallyidentical bands on the paper surrounding the tobacco column.  At least onecomplete band shall be located at least fifteen millimeters from the lightingend of the cigarette.  For cigarettes on which the bands are positioned bydesign, there shall be at least two bands located at least fifteen millimetersfrom the lighting end and ten millimeters from the filter end of the tobaccocolumn.  In the case of an unfiltered cigarette, the two complete bands shallbe located at least fifteen millimeters from the lighting end and tenmillimeters from the labeled end of the tobacco column; and

(8)  The manufacturer of a cigarette that the statefire council determines cannot be tested in accordance with the test methodrequired by this section shall propose to the state fire council a test methodand performance standard for that cigarette.  The state fire council mayapprove a test method and performance standard that the state fire councildetermines is equivalent to the requirement of this section, and themanufacturer may use that test method and performance standard forcertification pursuant to section 132C-4.  If the state fire council determinesthat another state has enacted reduced cigarette ignition propensity standardsthat include a test method and performance standard that are the same as thosecontained in this chapter, and the state fire council finds that the officialsresponsible for implementing those requirements have approved the proposedalternative test method and performance standard for a particular cigaretteproposed by a manufacturer as meeting the fire safety standards of that state'slaw or regulation under a legal provision comparable to this section, then thestate fire council shall authorize that manufacturer to employ the alternativetest method and performance standard to certify that cigarette for sale in thisState, unless the state fire council demonstrates a reasonable basis why thealternative test should not be accepted.  All other applicable requirements ofthis section shall apply to the manufacturer.

(b)  A manufacturer shall retain copies of thereports of testing conducted on cigarettes offered for sale in the State for aperiod of three years.  The manufacturer shall provide copies of these reportsto the state fire council and the attorney general upon written request.  Anymanufacturer who fails to make copies of these reports available within sixtydays of receiving a written request shall be subject to a civil penalty not toexceed $10,000 for each day after the sixtieth day that the manufacturer doesnot make the copies available.

(c)  This section shall not require additionaltesting if cigarettes are tested consistent with this chapter for any otherpurpose.

(d)  Testing performed or sponsored by thestate fire council to determine a cigarette's compliance with the performancestandard required by this section shall be conducted in accordance with thissection.

(e)  The state fire council shall review theeffectiveness of this section and report every three years to the legislaturethe state fire council's findings and, if appropriate, recommendations forlegislation to improve the effectiveness of this chapter.  The report andlegislative recommendations shall be submitted no later than June 30 followingthe conclusion of each three-year period. [L 2008, c 218, pt of §1]