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Statutes > North-dakota > T18 > T18c13

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CHAPTER 18-13IGNITION PROPENSITY FOR CIGARETTES18-13-01. (Contingent expiration date - See note) Definitions. In this chapter, unlessthe context otherwise requires:1.&quot;Agent&quot; means any person authorized by the attorney general to purchase or sell<br>packages of cigarettes.2.&quot;Cigarette&quot; means any roll for smoking made wholly or in part of tobacco and<br>encased in any material except tobacco.3.&quot;Manufacturer&quot; means:a.Any person that manufactures or otherwise produces cigarettes or causes<br>cigarettes to be manufactured or produced which the person intends to be sold<br>in this state, including cigarettes intended to be sold in the United States<br>through an importer;b.The first purchaser that intends to resell in the United States cigarettes<br>manufactured that the original manufacturer or maker does not intend to be<br>sold in the United States; orc.Any person that becomes a successor of a person described in subdivision a<br>or b.4.&quot;Quality control and quality assurance program&quot; means the laboratory procedures<br>implemented to ensure that operator bias, systematic and nonsystematic<br>methodological errors, and equipment-related problems do not affect the results of<br>the testing and to ensure that the testing repeatability remains within the required<br>repeatability values stated in subdivision f of subsection 1 of section 18-13-02 for all<br>test trials used to certify cigarettes in accordance with this chapter.5.&quot;Repeatability&quot; means the range of values within which the repeat results of cigarette<br>test trials from a single laboratory will fall ninety-five percent of the time.6.&quot;Retail dealer&quot; means any person, other than a manufacturer or wholesale dealer,<br>engaged in selling cigarettes or tobacco products.7.&quot;Sale&quot; means any transfer of title or possession or both, exchange or barter,<br>conditional or otherwise, in any manner or by any means or any agreement to do the<br>same. The term includes the giving of cigarettes as samples, prizes, or gifts, and<br>the exchanging of cigarettes for any consideration other than money.8.&quot;Sell&quot; means to sell or to offer or agree to sell.9.&quot;Wholesale dealer&quot; means any person that sells cigarettes or tobacco products to<br>retail dealers or other persons for purposes of resale, and any person that owns,<br>operates, or maintains a cigarette or tobacco product vending machine in, at, or<br>upon premises owned or occupied by any other person.18-13-02. (Contingent expiration date - See note) Test method and performancestandard - Penalty.1.Except as provided in subsection 7, a cigarette may not be sold or offered for sale in<br>this state or offered for sale or sold to persons located in this state unless the<br>cigarette has been tested in accordance with the test method and meets the<br>performance standard specified in this section, a written certification has been filedPage No. 1by the manufacturer with the state fire marshal in accordance with section 18-13-03,<br>and the cigarette has been marked in accordance with section 18-13-04.a.Testing of cigarettes must be conducted in accordance with the American<br>society of testing and materials standard E2187-04, &quot;standard test method for<br>measuring the ignition strength of cigarettes&quot;.b.Testing must be conducted on ten layers of filter paper.c.No more than twenty-five percent of the cigarettes tested in a test trial in<br>accordance with this section may exhibit full-length burns. Forty replicate tests<br>must comprise a complete test trial for each cigarette tested.d.The performance standard required by this section must be applied only to a<br>complete test trial.e.Written certifications must be based upon testing conducted by a laboratory<br>that has been accredited pursuant to standard ISO/IEC 17025 of the<br>international organization for standardization, or other comparable accreditation<br>standard required by the state fire marshal.f.A laboratory conducting testing in accordance with this section shall implement<br>a quality control and quality assurance program that includes a procedure that<br>will determine the repeatability of the testing results. The repeatability value<br>may not be greater than nineteen hundredths.g.This section does not require additional testing if cigarettes are tested<br>consistent with this chapter for any other purpose.h.Testing performed or sponsored by the state fire marshal to determine a<br>cigarette's compliance with the performance standard required must be<br>conducted in accordance with this section.2.Each cigarette listed in a certification submitted pursuant to section 18-13-03 which<br>uses lowered permeability bands in the cigarette paper to achieve compliance with<br>the performance standard set forth in this section must have at least two nominally<br>identical bands on the paper surrounding the tobacco column.At least onecomplete band must be located at least fifteen millimeters from the lighting end of<br>the cigarette. For cigarettes on which the bands are positioned by design, at least<br>two bands must be located at least fifteen millimeters from the lighting end and ten<br>millimeters from the filter end of the tobacco column, or ten millimeters from the<br>labeled end of the tobacco column for nonfiltered cigarettes.3.A manufacturer of a cigarette that the state fire marshal determines cannot be tested<br>in accordance with the test method prescribed in subdivision a of subsection 1 shall<br>propose a test method and performance standard for the cigarette to the state fire<br>marshal. Upon approval of the proposed test method and a determination by the<br>state fire marshal that the performance standard proposed by the manufacturer is<br>equivalent to the performance standard prescribed in subdivision c of subsection 1,<br>the manufacturer may employ the test method and performance standard to certify<br>the cigarette pursuant to section 18-13-03. If the state fire marshal determines that<br>another state has enacted reduced cigarette ignition propensity standards that<br>include a test method and performance standard that are the same as those<br>contained in this chapter, and the state fire marshal finds that the officials<br>responsible for implementing those requirements have approved the proposed<br>alternative test method and performance standard for a particular cigarette proposed<br>by a manufacturer as meeting the fire safety standards of that state's law or<br>regulation under a legal provision comparable to this section, the state fire marshal<br>shall authorize that manufacturer to employ the alternative test method andPage No. 2performance standard to certify that cigarette for sale in this state unless the state<br>fire marshal demonstrates a reasonable basis why the alternative test should not be<br>accepted under this chapter. All other applicable requirements of this section apply<br>to the manufacturer.4.Each manufacturer shall maintain copies of the reports of all tests conducted on all<br>cigarettes offered for sale for a period of three years, and shall make copies of these<br>reports available to the state fire marshal and the attorney general upon written<br>request.Any manufacturer who fails to make copies of these reports availablewithin sixty days of receiving a written request is subject to a civil penalty not to<br>exceed ten thousand dollars for each day after the sixtieth day that the manufacturer<br>does not make those copies available.5.The state fire marshal may adopt a subsequent American society of testing and<br>materials standard test method for measuring the ignition strength of cigarettes upon<br>a finding that the subsequent method does not result in a change in the percentage<br>of full-length burns exhibited by any tested cigarette when compared to the<br>percentage of full-length burns the same cigarette would exhibit when tested in<br>accordance with American society of testing and materials standard E2187-04 and<br>the performance standard in subdivision c of subsection 1.6.The state fire marshal shall review the effectiveness of this section and report each<br>interim to the legislative council the state fire marshal's findings and any<br>recommendation for legislation to improve the effectiveness of this chapter.7.The requirements of subsection 1 may not prohibit:a.Wholesale or retail dealers from selling their existing inventory of cigarettes<br>after July 31, 2010, if the wholesale or retail dealers can establish that the<br>inventory was purchased before August 1, 2010, in comparable quantity to the<br>inventory purchased during the same period of the prior year; orb.The sale of cigarettes solely for the purpose of consumer testing. For purposes<br>of this subsection, &quot;consumer testing&quot; means an assessment of cigarettes<br>which is conducted by a manufacturer, or under the control and direction of a<br>manufacturer, for the purpose of evaluating consumer acceptance of those<br>cigarettes, utilizing only the quantity of cigarettes which is reasonably<br>necessary for the assessment.8.This chapter must be interpreted and construed to effectuate its general purpose to<br>make uniform this chapter with the laws of those states that have enacted reduced<br>cigarette ignition propensity laws as of the date this chapter is enacted.18-13-03. (Contingent expiration date - See note) Certification and product change.1.Each manufacturer shall submit to the state fire marshal a written certification<br>attesting that each cigarette listed in the certification has been tested in accordance<br>with section 18-13-02 and each cigarette listed in the certification meets the<br>performance standard set forth in subdivision c of subsection 1 of section 18-13-02.2.Each cigarette listed in the certification must be described with the following<br>information:a.Brand or trade name on the package;b.Style, such as light or ultra light;c.Length in millimeters;Page No. 3d.Circumference in millimeters;e.Flavor, such as menthol or chocolate, if applicable;f.Filter or nonfilter;g.Package description, such as soft pack or box;h.Marking approved in accordance with section 18-13-04;i.The name, address, and telephone number of the laboratory, if different than<br>the manufacturer that conducted the test; andj.The date that the testing occurred.3.The certifications must be made available to the attorney general for purposes<br>consistent with this chapter and the state tax commissioner for the purposes of<br>ensuring compliance with this section.4.Each cigarette certified under this section must be recertified every three years.5.For each cigarette listed in the certification or recertification, a manufacturer shall<br>pay to the state fire marshal an initial fee of two hundred fifty dollars. The state fire<br>marshal may adjust this fee annually to ensure the fee defrays the actual costs of<br>the processing, testing, enforcement, and oversight activities required by this<br>chapter.6.There is established in the state treasury a special fund to be known as the Reduced<br>Cigarette Ignition Propensity and Firefighter Protection Act enforcement fund. The<br>fund must consist of all certification fees submitted by manufacturers, and, in<br>addition to any other moneys made available, be available pursuant to legislative<br>appropriation, to the state fire marshal solely to support processing, testing,<br>enforcement, and oversight activities under this chapter.7.If a manufacturer has certified a cigarette under this section and makes any change<br>to the cigarette which is likely to alter its compliance with the reduced cigarette<br>ignition propensity standards required by this chapter, that cigarette may not be sold<br>or offered for sale in this state until the manufacturer retests the cigarette in<br>accordance with the testing standards set forth in section 18-13-02 and maintains<br>records of that retesting as required by section 18-13-02. Any altered cigarette that<br>does not meet the performance standards set forth in section 18-13-02 may not be<br>sold in this state.18-13-04. (Contingent expiration date - See note) Marking of cigarette packaging.1.Cigarettes that are certified by a manufacturer in accordance with section 18-13-03<br>must be marked to indicate compliance with the requirements of section 18-13-02.<br>The marking must be in eight-point type or larger and consist of:a.Modification of the product uniform product code to include a visible mark<br>printed at or around the area of the uniform product code which may consist of<br>alphanumeric or symbolic characters permanently stamped, engraved,<br>embossed, or printed in conjunction with the uniform product code;b.Any visible combination of alphanumeric or symbolic characters permanently<br>stamped, engraved, or embossed upon the cigarette package or cellophane<br>wrap; orPage No. 4c.Printed, stamped, engraved, or embossed text that indicates that the cigarettes<br>meet the standards of this chapter.2.A manufacturer may use only one marking and shall apply this marking uniformly for<br>all packages, including packs, cartons, and cases, and brands marked by that<br>manufacturer.3.The state fire marshal must be notified as to the marking that is selected.4.Before the certification of any cigarette, a manufacturer shall present its proposed<br>marking to the state fire marshal for approval. Upon receipt of the request, the state<br>fire marshal shall approve or disapprove the marking offered, except that the state<br>fire marshal shall approve any marking in use and approved for sale in New York<br>pursuant to the New York fire safety standards for cigarettes. Proposed markings<br>are deemed approved if the state fire marshal fails to act within ten business days of<br>receiving a request for approval.5.A manufacturer may not modify its approved marking unless the modification has<br>been approved by the state fire marshal in accordance with this section.6.A manufacturer certifying cigarettes in accordance with section 18-13-03 shall<br>provide a copy of the certifications to every wholesale dealer and agent to which the<br>manufacturer sells cigarettes, and shall provide sufficient copies of an illustration of<br>the package marking utilized by the manufacturer under this section for each retail<br>dealer to which the wholesale dealer or agent sells cigarettes. A wholesale dealer<br>and agent shall provide a copy of these package markings received from the<br>manufacturer to all retail dealers to which they sell cigarettes. Wholesale dealers,<br>agents, and retail dealers shall permit the state fire marshal, the tax commissioner,<br>the attorney general, and their employees to inspect markings of cigarette packaging<br>marked under this section.18-13-05. (Contingent expiration date - See note) Penalties.1.A manufacturer, wholesale dealer, agent, or any other person that knowingly sells or<br>offers to sell cigarettes, other than through retail sale, in violation of section<br>18-13-02, for a first offense is subject to a civil penalty not to exceed ten thousand<br>dollars for each sale of cigarettes, and for a subsequent offense is subject to a civil<br>penalty not to exceed twenty-five thousand dollars for each sale, but the penalty<br>against any person may not exceed one hundred thousand dollars during any<br>thirty-day period.2.A retail dealer that knowingly sells cigarettes in violation of section 18-13-02:a.For a first offense is subject to a civil penalty not to exceed five hundred dollars,<br>and for a subsequent offense is subject to a civil penalty not to exceed two<br>thousand dollars, for each sale or offer for sale of cigarettes if the total number<br>of cigarettes sold or offered for sale in the sale does not exceed one thousand<br>cigarettes; orb.For a first offense is subject to a civil penalty not to exceed one thousand<br>dollars, and for a subsequent offense is subject to a civil penalty not to exceed<br>five thousand dollars for each sale or offer for sale of such cigarettes if the total<br>number of cigarettes sold or offered for sale in the sale exceeds one thousand<br>cigarettes, provided that this penalty may not exceed twenty-five thousand<br>dollars during a thirty-day period.3.In addition to any penalty prescribed by law, any manufacturer that knowingly makes<br>a false certification pursuant to section 18-13-03 is subject to a civil penalty of atPage No. 5least seventy-five thousand dollars, but not to exceed two hundred fifty thousand<br>dollars for each false certification.4.Any person violating any other provision in this chapter is subject to a civil penalty for<br>a first offense not to exceed one thousand dollars, and for a subsequent offense to a<br>civil penalty not to exceed five thousand dollars for each violation.5.If any law enforcement personnel or duly authorized representative of the state fire<br>marshal discovers any cigarettes for which no certification has been filed as required<br>by section 18-13-03, or which have not been marked as required by section<br>18-13-04, that personnel or representative may seize and take possession of the<br>cigarettes. Cigarettes seized under this subsection must be destroyed; provided,<br>however, that before the destruction of the cigarettes, the true holder of the<br>trademark rights in the cigarette brand is permitted to inspect the cigarette.6.In addition to any other remedy provided by law, the state fire marshal or attorney<br>general may file an action in district court for a violation of this chapter, including<br>petitioning for:a.Preliminary or permanent injunctive relief against any manufacturer, importer,<br>wholesale dealer, retail dealer, agent, or any other person to enjoin the person<br>from selling or offering to sell any cigarette that does not comply with the<br>requirements of this chapter; orb.To recover any costs or damages suffered by the state because of a violation of<br>this chapter, including enforcement costs relating to the specific violation and<br>attorney's fees.7.Each violation of this chapter or of rules adopted to implement this chapter<br>constitutes a separate civil violation for which the state fire marshal or attorney<br>general may obtain relief.18-13-06. (Contingent expiration date - See note) Implementation.1.The state fire marshal may adopt rules to implement this chapter.2.The state tax commissioner in the regular course of conducting inspections of<br>wholesale dealers, agents, and retail dealers, as authorized under chapter 57-36,<br>may inspect such cigarettes to determine if the cigarettes are marked as required by<br>section 18-13-04.If the cigarettes are not marked as required, the state taxcommissioner shall notify the state fire marshal.18-13-07. (Contingent expiration date - See note) Inspection. The attorney generaland the state fire marshal may examine the books, papers, invoices, and other records of any<br>person in possession, control, or occupancy of any premises where cigarettes are placed, stored,<br>sold, or offered for sale, as well as the stock of cigarettes on the premises. Every person in the<br>possession, control, or occupancy of any premises where cigarettes are placed, sold, or offered<br>for sale shall give the attorney general and the state fire marshal the means, facilities, and<br>opportunity for the examinations authorized by this section.18-13-08. (Contingent expiration date - See note) Fire prevention and public safetyfund. There is established in the state treasury a special fund to be known as the fire prevention<br>and public safety fund. The fund consists of all moneys recovered as penalties under section<br>18-13-05. The moneys must be deposited to the credit of the fund and must be made available<br>to the state fire marshal to support fire safety and prevention programs upon legislative<br>appropriation.18-13-09. (Contingent expiration date - See note) Sale outside of North Dakota.This chapter does not prohibit any person from manufacturing or selling cigarettes that do notPage No. 6meet the requirements of section 18-13-02 if the cigarettes are or will be stamped for sale in<br>another state or are packaged for sale outside the United States and that person has taken<br>reasonable steps to ensure that the cigarettes will not be sold or offered for sale to persons<br>located in this state.18-13-10. (Contingent expiration date - See note) Local regulation. Notwithstandingany other provision of law, home rule charter, or ordinance made under a home rule charter, a<br>political subdivision may not enact or enforce any ordinance or regulation conflicting with any<br>provision of this chapter or with any policy of this state expressed by this chapter.Page No. 7Document Outlinechapter 18-13 ignition propensity for cigarettes

State Codes and Statutes

Statutes > North-dakota > T18 > T18c13

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CHAPTER 18-13IGNITION PROPENSITY FOR CIGARETTES18-13-01. (Contingent expiration date - See note) Definitions. In this chapter, unlessthe context otherwise requires:1.&quot;Agent&quot; means any person authorized by the attorney general to purchase or sell<br>packages of cigarettes.2.&quot;Cigarette&quot; means any roll for smoking made wholly or in part of tobacco and<br>encased in any material except tobacco.3.&quot;Manufacturer&quot; means:a.Any person that manufactures or otherwise produces cigarettes or causes<br>cigarettes to be manufactured or produced which the person intends to be sold<br>in this state, including cigarettes intended to be sold in the United States<br>through an importer;b.The first purchaser that intends to resell in the United States cigarettes<br>manufactured that the original manufacturer or maker does not intend to be<br>sold in the United States; orc.Any person that becomes a successor of a person described in subdivision a<br>or b.4.&quot;Quality control and quality assurance program&quot; means the laboratory procedures<br>implemented to ensure that operator bias, systematic and nonsystematic<br>methodological errors, and equipment-related problems do not affect the results of<br>the testing and to ensure that the testing repeatability remains within the required<br>repeatability values stated in subdivision f of subsection 1 of section 18-13-02 for all<br>test trials used to certify cigarettes in accordance with this chapter.5.&quot;Repeatability&quot; means the range of values within which the repeat results of cigarette<br>test trials from a single laboratory will fall ninety-five percent of the time.6.&quot;Retail dealer&quot; means any person, other than a manufacturer or wholesale dealer,<br>engaged in selling cigarettes or tobacco products.7.&quot;Sale&quot; means any transfer of title or possession or both, exchange or barter,<br>conditional or otherwise, in any manner or by any means or any agreement to do the<br>same. The term includes the giving of cigarettes as samples, prizes, or gifts, and<br>the exchanging of cigarettes for any consideration other than money.8.&quot;Sell&quot; means to sell or to offer or agree to sell.9.&quot;Wholesale dealer&quot; means any person that sells cigarettes or tobacco products to<br>retail dealers or other persons for purposes of resale, and any person that owns,<br>operates, or maintains a cigarette or tobacco product vending machine in, at, or<br>upon premises owned or occupied by any other person.18-13-02. (Contingent expiration date - See note) Test method and performancestandard - Penalty.1.Except as provided in subsection 7, a cigarette may not be sold or offered for sale in<br>this state or offered for sale or sold to persons located in this state unless the<br>cigarette has been tested in accordance with the test method and meets the<br>performance standard specified in this section, a written certification has been filedPage No. 1by the manufacturer with the state fire marshal in accordance with section 18-13-03,<br>and the cigarette has been marked in accordance with section 18-13-04.a.Testing of cigarettes must be conducted in accordance with the American<br>society of testing and materials standard E2187-04, &quot;standard test method for<br>measuring the ignition strength of cigarettes&quot;.b.Testing must be conducted on ten layers of filter paper.c.No more than twenty-five percent of the cigarettes tested in a test trial in<br>accordance with this section may exhibit full-length burns. Forty replicate tests<br>must comprise a complete test trial for each cigarette tested.d.The performance standard required by this section must be applied only to a<br>complete test trial.e.Written certifications must be based upon testing conducted by a laboratory<br>that has been accredited pursuant to standard ISO/IEC 17025 of the<br>international organization for standardization, or other comparable accreditation<br>standard required by the state fire marshal.f.A laboratory conducting testing in accordance with this section shall implement<br>a quality control and quality assurance program that includes a procedure that<br>will determine the repeatability of the testing results. The repeatability value<br>may not be greater than nineteen hundredths.g.This section does not require additional testing if cigarettes are tested<br>consistent with this chapter for any other purpose.h.Testing performed or sponsored by the state fire marshal to determine a<br>cigarette's compliance with the performance standard required must be<br>conducted in accordance with this section.2.Each cigarette listed in a certification submitted pursuant to section 18-13-03 which<br>uses lowered permeability bands in the cigarette paper to achieve compliance with<br>the performance standard set forth in this section must have at least two nominally<br>identical bands on the paper surrounding the tobacco column.At least onecomplete band must be located at least fifteen millimeters from the lighting end of<br>the cigarette. For cigarettes on which the bands are positioned by design, at least<br>two bands must be located at least fifteen millimeters from the lighting end and ten<br>millimeters from the filter end of the tobacco column, or ten millimeters from the<br>labeled end of the tobacco column for nonfiltered cigarettes.3.A manufacturer of a cigarette that the state fire marshal determines cannot be tested<br>in accordance with the test method prescribed in subdivision a of subsection 1 shall<br>propose a test method and performance standard for the cigarette to the state fire<br>marshal. Upon approval of the proposed test method and a determination by the<br>state fire marshal that the performance standard proposed by the manufacturer is<br>equivalent to the performance standard prescribed in subdivision c of subsection 1,<br>the manufacturer may employ the test method and performance standard to certify<br>the cigarette pursuant to section 18-13-03. If the state fire marshal determines that<br>another state has enacted reduced cigarette ignition propensity standards that<br>include a test method and performance standard that are the same as those<br>contained in this chapter, and the state fire marshal finds that the officials<br>responsible for implementing those requirements have approved the proposed<br>alternative test method and performance standard for a particular cigarette proposed<br>by a manufacturer as meeting the fire safety standards of that state's law or<br>regulation under a legal provision comparable to this section, the state fire marshal<br>shall authorize that manufacturer to employ the alternative test method andPage No. 2performance standard to certify that cigarette for sale in this state unless the state<br>fire marshal demonstrates a reasonable basis why the alternative test should not be<br>accepted under this chapter. All other applicable requirements of this section apply<br>to the manufacturer.4.Each manufacturer shall maintain copies of the reports of all tests conducted on all<br>cigarettes offered for sale for a period of three years, and shall make copies of these<br>reports available to the state fire marshal and the attorney general upon written<br>request.Any manufacturer who fails to make copies of these reports availablewithin sixty days of receiving a written request is subject to a civil penalty not to<br>exceed ten thousand dollars for each day after the sixtieth day that the manufacturer<br>does not make those copies available.5.The state fire marshal may adopt a subsequent American society of testing and<br>materials standard test method for measuring the ignition strength of cigarettes upon<br>a finding that the subsequent method does not result in a change in the percentage<br>of full-length burns exhibited by any tested cigarette when compared to the<br>percentage of full-length burns the same cigarette would exhibit when tested in<br>accordance with American society of testing and materials standard E2187-04 and<br>the performance standard in subdivision c of subsection 1.6.The state fire marshal shall review the effectiveness of this section and report each<br>interim to the legislative council the state fire marshal's findings and any<br>recommendation for legislation to improve the effectiveness of this chapter.7.The requirements of subsection 1 may not prohibit:a.Wholesale or retail dealers from selling their existing inventory of cigarettes<br>after July 31, 2010, if the wholesale or retail dealers can establish that the<br>inventory was purchased before August 1, 2010, in comparable quantity to the<br>inventory purchased during the same period of the prior year; orb.The sale of cigarettes solely for the purpose of consumer testing. For purposes<br>of this subsection, &quot;consumer testing&quot; means an assessment of cigarettes<br>which is conducted by a manufacturer, or under the control and direction of a<br>manufacturer, for the purpose of evaluating consumer acceptance of those<br>cigarettes, utilizing only the quantity of cigarettes which is reasonably<br>necessary for the assessment.8.This chapter must be interpreted and construed to effectuate its general purpose to<br>make uniform this chapter with the laws of those states that have enacted reduced<br>cigarette ignition propensity laws as of the date this chapter is enacted.18-13-03. (Contingent expiration date - See note) Certification and product change.1.Each manufacturer shall submit to the state fire marshal a written certification<br>attesting that each cigarette listed in the certification has been tested in accordance<br>with section 18-13-02 and each cigarette listed in the certification meets the<br>performance standard set forth in subdivision c of subsection 1 of section 18-13-02.2.Each cigarette listed in the certification must be described with the following<br>information:a.Brand or trade name on the package;b.Style, such as light or ultra light;c.Length in millimeters;Page No. 3d.Circumference in millimeters;e.Flavor, such as menthol or chocolate, if applicable;f.Filter or nonfilter;g.Package description, such as soft pack or box;h.Marking approved in accordance with section 18-13-04;i.The name, address, and telephone number of the laboratory, if different than<br>the manufacturer that conducted the test; andj.The date that the testing occurred.3.The certifications must be made available to the attorney general for purposes<br>consistent with this chapter and the state tax commissioner for the purposes of<br>ensuring compliance with this section.4.Each cigarette certified under this section must be recertified every three years.5.For each cigarette listed in the certification or recertification, a manufacturer shall<br>pay to the state fire marshal an initial fee of two hundred fifty dollars. The state fire<br>marshal may adjust this fee annually to ensure the fee defrays the actual costs of<br>the processing, testing, enforcement, and oversight activities required by this<br>chapter.6.There is established in the state treasury a special fund to be known as the Reduced<br>Cigarette Ignition Propensity and Firefighter Protection Act enforcement fund. The<br>fund must consist of all certification fees submitted by manufacturers, and, in<br>addition to any other moneys made available, be available pursuant to legislative<br>appropriation, to the state fire marshal solely to support processing, testing,<br>enforcement, and oversight activities under this chapter.7.If a manufacturer has certified a cigarette under this section and makes any change<br>to the cigarette which is likely to alter its compliance with the reduced cigarette<br>ignition propensity standards required by this chapter, that cigarette may not be sold<br>or offered for sale in this state until the manufacturer retests the cigarette in<br>accordance with the testing standards set forth in section 18-13-02 and maintains<br>records of that retesting as required by section 18-13-02. Any altered cigarette that<br>does not meet the performance standards set forth in section 18-13-02 may not be<br>sold in this state.18-13-04. (Contingent expiration date - See note) Marking of cigarette packaging.1.Cigarettes that are certified by a manufacturer in accordance with section 18-13-03<br>must be marked to indicate compliance with the requirements of section 18-13-02.<br>The marking must be in eight-point type or larger and consist of:a.Modification of the product uniform product code to include a visible mark<br>printed at or around the area of the uniform product code which may consist of<br>alphanumeric or symbolic characters permanently stamped, engraved,<br>embossed, or printed in conjunction with the uniform product code;b.Any visible combination of alphanumeric or symbolic characters permanently<br>stamped, engraved, or embossed upon the cigarette package or cellophane<br>wrap; orPage No. 4c.Printed, stamped, engraved, or embossed text that indicates that the cigarettes<br>meet the standards of this chapter.2.A manufacturer may use only one marking and shall apply this marking uniformly for<br>all packages, including packs, cartons, and cases, and brands marked by that<br>manufacturer.3.The state fire marshal must be notified as to the marking that is selected.4.Before the certification of any cigarette, a manufacturer shall present its proposed<br>marking to the state fire marshal for approval. Upon receipt of the request, the state<br>fire marshal shall approve or disapprove the marking offered, except that the state<br>fire marshal shall approve any marking in use and approved for sale in New York<br>pursuant to the New York fire safety standards for cigarettes. Proposed markings<br>are deemed approved if the state fire marshal fails to act within ten business days of<br>receiving a request for approval.5.A manufacturer may not modify its approved marking unless the modification has<br>been approved by the state fire marshal in accordance with this section.6.A manufacturer certifying cigarettes in accordance with section 18-13-03 shall<br>provide a copy of the certifications to every wholesale dealer and agent to which the<br>manufacturer sells cigarettes, and shall provide sufficient copies of an illustration of<br>the package marking utilized by the manufacturer under this section for each retail<br>dealer to which the wholesale dealer or agent sells cigarettes. A wholesale dealer<br>and agent shall provide a copy of these package markings received from the<br>manufacturer to all retail dealers to which they sell cigarettes. Wholesale dealers,<br>agents, and retail dealers shall permit the state fire marshal, the tax commissioner,<br>the attorney general, and their employees to inspect markings of cigarette packaging<br>marked under this section.18-13-05. (Contingent expiration date - See note) Penalties.1.A manufacturer, wholesale dealer, agent, or any other person that knowingly sells or<br>offers to sell cigarettes, other than through retail sale, in violation of section<br>18-13-02, for a first offense is subject to a civil penalty not to exceed ten thousand<br>dollars for each sale of cigarettes, and for a subsequent offense is subject to a civil<br>penalty not to exceed twenty-five thousand dollars for each sale, but the penalty<br>against any person may not exceed one hundred thousand dollars during any<br>thirty-day period.2.A retail dealer that knowingly sells cigarettes in violation of section 18-13-02:a.For a first offense is subject to a civil penalty not to exceed five hundred dollars,<br>and for a subsequent offense is subject to a civil penalty not to exceed two<br>thousand dollars, for each sale or offer for sale of cigarettes if the total number<br>of cigarettes sold or offered for sale in the sale does not exceed one thousand<br>cigarettes; orb.For a first offense is subject to a civil penalty not to exceed one thousand<br>dollars, and for a subsequent offense is subject to a civil penalty not to exceed<br>five thousand dollars for each sale or offer for sale of such cigarettes if the total<br>number of cigarettes sold or offered for sale in the sale exceeds one thousand<br>cigarettes, provided that this penalty may not exceed twenty-five thousand<br>dollars during a thirty-day period.3.In addition to any penalty prescribed by law, any manufacturer that knowingly makes<br>a false certification pursuant to section 18-13-03 is subject to a civil penalty of atPage No. 5least seventy-five thousand dollars, but not to exceed two hundred fifty thousand<br>dollars for each false certification.4.Any person violating any other provision in this chapter is subject to a civil penalty for<br>a first offense not to exceed one thousand dollars, and for a subsequent offense to a<br>civil penalty not to exceed five thousand dollars for each violation.5.If any law enforcement personnel or duly authorized representative of the state fire<br>marshal discovers any cigarettes for which no certification has been filed as required<br>by section 18-13-03, or which have not been marked as required by section<br>18-13-04, that personnel or representative may seize and take possession of the<br>cigarettes. Cigarettes seized under this subsection must be destroyed; provided,<br>however, that before the destruction of the cigarettes, the true holder of the<br>trademark rights in the cigarette brand is permitted to inspect the cigarette.6.In addition to any other remedy provided by law, the state fire marshal or attorney<br>general may file an action in district court for a violation of this chapter, including<br>petitioning for:a.Preliminary or permanent injunctive relief against any manufacturer, importer,<br>wholesale dealer, retail dealer, agent, or any other person to enjoin the person<br>from selling or offering to sell any cigarette that does not comply with the<br>requirements of this chapter; orb.To recover any costs or damages suffered by the state because of a violation of<br>this chapter, including enforcement costs relating to the specific violation and<br>attorney's fees.7.Each violation of this chapter or of rules adopted to implement this chapter<br>constitutes a separate civil violation for which the state fire marshal or attorney<br>general may obtain relief.18-13-06. (Contingent expiration date - See note) Implementation.1.The state fire marshal may adopt rules to implement this chapter.2.The state tax commissioner in the regular course of conducting inspections of<br>wholesale dealers, agents, and retail dealers, as authorized under chapter 57-36,<br>may inspect such cigarettes to determine if the cigarettes are marked as required by<br>section 18-13-04.If the cigarettes are not marked as required, the state taxcommissioner shall notify the state fire marshal.18-13-07. (Contingent expiration date - See note) Inspection. The attorney generaland the state fire marshal may examine the books, papers, invoices, and other records of any<br>person in possession, control, or occupancy of any premises where cigarettes are placed, stored,<br>sold, or offered for sale, as well as the stock of cigarettes on the premises. Every person in the<br>possession, control, or occupancy of any premises where cigarettes are placed, sold, or offered<br>for sale shall give the attorney general and the state fire marshal the means, facilities, and<br>opportunity for the examinations authorized by this section.18-13-08. (Contingent expiration date - See note) Fire prevention and public safetyfund. There is established in the state treasury a special fund to be known as the fire prevention<br>and public safety fund. The fund consists of all moneys recovered as penalties under section<br>18-13-05. The moneys must be deposited to the credit of the fund and must be made available<br>to the state fire marshal to support fire safety and prevention programs upon legislative<br>appropriation.18-13-09. (Contingent expiration date - See note) Sale outside of North Dakota.This chapter does not prohibit any person from manufacturing or selling cigarettes that do notPage No. 6meet the requirements of section 18-13-02 if the cigarettes are or will be stamped for sale in<br>another state or are packaged for sale outside the United States and that person has taken<br>reasonable steps to ensure that the cigarettes will not be sold or offered for sale to persons<br>located in this state.18-13-10. (Contingent expiration date - See note) Local regulation. Notwithstandingany other provision of law, home rule charter, or ordinance made under a home rule charter, a<br>political subdivision may not enact or enforce any ordinance or regulation conflicting with any<br>provision of this chapter or with any policy of this state expressed by this chapter.Page No. 7Document Outlinechapter 18-13 ignition propensity for cigarettes

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CHAPTER 18-13IGNITION PROPENSITY FOR CIGARETTES18-13-01. (Contingent expiration date - See note) Definitions. In this chapter, unlessthe context otherwise requires:1.&quot;Agent&quot; means any person authorized by the attorney general to purchase or sell<br>packages of cigarettes.2.&quot;Cigarette&quot; means any roll for smoking made wholly or in part of tobacco and<br>encased in any material except tobacco.3.&quot;Manufacturer&quot; means:a.Any person that manufactures or otherwise produces cigarettes or causes<br>cigarettes to be manufactured or produced which the person intends to be sold<br>in this state, including cigarettes intended to be sold in the United States<br>through an importer;b.The first purchaser that intends to resell in the United States cigarettes<br>manufactured that the original manufacturer or maker does not intend to be<br>sold in the United States; orc.Any person that becomes a successor of a person described in subdivision a<br>or b.4.&quot;Quality control and quality assurance program&quot; means the laboratory procedures<br>implemented to ensure that operator bias, systematic and nonsystematic<br>methodological errors, and equipment-related problems do not affect the results of<br>the testing and to ensure that the testing repeatability remains within the required<br>repeatability values stated in subdivision f of subsection 1 of section 18-13-02 for all<br>test trials used to certify cigarettes in accordance with this chapter.5.&quot;Repeatability&quot; means the range of values within which the repeat results of cigarette<br>test trials from a single laboratory will fall ninety-five percent of the time.6.&quot;Retail dealer&quot; means any person, other than a manufacturer or wholesale dealer,<br>engaged in selling cigarettes or tobacco products.7.&quot;Sale&quot; means any transfer of title or possession or both, exchange or barter,<br>conditional or otherwise, in any manner or by any means or any agreement to do the<br>same. The term includes the giving of cigarettes as samples, prizes, or gifts, and<br>the exchanging of cigarettes for any consideration other than money.8.&quot;Sell&quot; means to sell or to offer or agree to sell.9.&quot;Wholesale dealer&quot; means any person that sells cigarettes or tobacco products to<br>retail dealers or other persons for purposes of resale, and any person that owns,<br>operates, or maintains a cigarette or tobacco product vending machine in, at, or<br>upon premises owned or occupied by any other person.18-13-02. (Contingent expiration date - See note) Test method and performancestandard - Penalty.1.Except as provided in subsection 7, a cigarette may not be sold or offered for sale in<br>this state or offered for sale or sold to persons located in this state unless the<br>cigarette has been tested in accordance with the test method and meets the<br>performance standard specified in this section, a written certification has been filedPage No. 1by the manufacturer with the state fire marshal in accordance with section 18-13-03,<br>and the cigarette has been marked in accordance with section 18-13-04.a.Testing of cigarettes must be conducted in accordance with the American<br>society of testing and materials standard E2187-04, &quot;standard test method for<br>measuring the ignition strength of cigarettes&quot;.b.Testing must be conducted on ten layers of filter paper.c.No more than twenty-five percent of the cigarettes tested in a test trial in<br>accordance with this section may exhibit full-length burns. Forty replicate tests<br>must comprise a complete test trial for each cigarette tested.d.The performance standard required by this section must be applied only to a<br>complete test trial.e.Written certifications must be based upon testing conducted by a laboratory<br>that has been accredited pursuant to standard ISO/IEC 17025 of the<br>international organization for standardization, or other comparable accreditation<br>standard required by the state fire marshal.f.A laboratory conducting testing in accordance with this section shall implement<br>a quality control and quality assurance program that includes a procedure that<br>will determine the repeatability of the testing results. The repeatability value<br>may not be greater than nineteen hundredths.g.This section does not require additional testing if cigarettes are tested<br>consistent with this chapter for any other purpose.h.Testing performed or sponsored by the state fire marshal to determine a<br>cigarette's compliance with the performance standard required must be<br>conducted in accordance with this section.2.Each cigarette listed in a certification submitted pursuant to section 18-13-03 which<br>uses lowered permeability bands in the cigarette paper to achieve compliance with<br>the performance standard set forth in this section must have at least two nominally<br>identical bands on the paper surrounding the tobacco column.At least onecomplete band must be located at least fifteen millimeters from the lighting end of<br>the cigarette. For cigarettes on which the bands are positioned by design, at least<br>two bands must be located at least fifteen millimeters from the lighting end and ten<br>millimeters from the filter end of the tobacco column, or ten millimeters from the<br>labeled end of the tobacco column for nonfiltered cigarettes.3.A manufacturer of a cigarette that the state fire marshal determines cannot be tested<br>in accordance with the test method prescribed in subdivision a of subsection 1 shall<br>propose a test method and performance standard for the cigarette to the state fire<br>marshal. Upon approval of the proposed test method and a determination by the<br>state fire marshal that the performance standard proposed by the manufacturer is<br>equivalent to the performance standard prescribed in subdivision c of subsection 1,<br>the manufacturer may employ the test method and performance standard to certify<br>the cigarette pursuant to section 18-13-03. If the state fire marshal determines that<br>another state has enacted reduced cigarette ignition propensity standards that<br>include a test method and performance standard that are the same as those<br>contained in this chapter, and the state fire marshal finds that the officials<br>responsible for implementing those requirements have approved the proposed<br>alternative test method and performance standard for a particular cigarette proposed<br>by a manufacturer as meeting the fire safety standards of that state's law or<br>regulation under a legal provision comparable to this section, the state fire marshal<br>shall authorize that manufacturer to employ the alternative test method andPage No. 2performance standard to certify that cigarette for sale in this state unless the state<br>fire marshal demonstrates a reasonable basis why the alternative test should not be<br>accepted under this chapter. All other applicable requirements of this section apply<br>to the manufacturer.4.Each manufacturer shall maintain copies of the reports of all tests conducted on all<br>cigarettes offered for sale for a period of three years, and shall make copies of these<br>reports available to the state fire marshal and the attorney general upon written<br>request.Any manufacturer who fails to make copies of these reports availablewithin sixty days of receiving a written request is subject to a civil penalty not to<br>exceed ten thousand dollars for each day after the sixtieth day that the manufacturer<br>does not make those copies available.5.The state fire marshal may adopt a subsequent American society of testing and<br>materials standard test method for measuring the ignition strength of cigarettes upon<br>a finding that the subsequent method does not result in a change in the percentage<br>of full-length burns exhibited by any tested cigarette when compared to the<br>percentage of full-length burns the same cigarette would exhibit when tested in<br>accordance with American society of testing and materials standard E2187-04 and<br>the performance standard in subdivision c of subsection 1.6.The state fire marshal shall review the effectiveness of this section and report each<br>interim to the legislative council the state fire marshal's findings and any<br>recommendation for legislation to improve the effectiveness of this chapter.7.The requirements of subsection 1 may not prohibit:a.Wholesale or retail dealers from selling their existing inventory of cigarettes<br>after July 31, 2010, if the wholesale or retail dealers can establish that the<br>inventory was purchased before August 1, 2010, in comparable quantity to the<br>inventory purchased during the same period of the prior year; orb.The sale of cigarettes solely for the purpose of consumer testing. For purposes<br>of this subsection, &quot;consumer testing&quot; means an assessment of cigarettes<br>which is conducted by a manufacturer, or under the control and direction of a<br>manufacturer, for the purpose of evaluating consumer acceptance of those<br>cigarettes, utilizing only the quantity of cigarettes which is reasonably<br>necessary for the assessment.8.This chapter must be interpreted and construed to effectuate its general purpose to<br>make uniform this chapter with the laws of those states that have enacted reduced<br>cigarette ignition propensity laws as of the date this chapter is enacted.18-13-03. (Contingent expiration date - See note) Certification and product change.1.Each manufacturer shall submit to the state fire marshal a written certification<br>attesting that each cigarette listed in the certification has been tested in accordance<br>with section 18-13-02 and each cigarette listed in the certification meets the<br>performance standard set forth in subdivision c of subsection 1 of section 18-13-02.2.Each cigarette listed in the certification must be described with the following<br>information:a.Brand or trade name on the package;b.Style, such as light or ultra light;c.Length in millimeters;Page No. 3d.Circumference in millimeters;e.Flavor, such as menthol or chocolate, if applicable;f.Filter or nonfilter;g.Package description, such as soft pack or box;h.Marking approved in accordance with section 18-13-04;i.The name, address, and telephone number of the laboratory, if different than<br>the manufacturer that conducted the test; andj.The date that the testing occurred.3.The certifications must be made available to the attorney general for purposes<br>consistent with this chapter and the state tax commissioner for the purposes of<br>ensuring compliance with this section.4.Each cigarette certified under this section must be recertified every three years.5.For each cigarette listed in the certification or recertification, a manufacturer shall<br>pay to the state fire marshal an initial fee of two hundred fifty dollars. The state fire<br>marshal may adjust this fee annually to ensure the fee defrays the actual costs of<br>the processing, testing, enforcement, and oversight activities required by this<br>chapter.6.There is established in the state treasury a special fund to be known as the Reduced<br>Cigarette Ignition Propensity and Firefighter Protection Act enforcement fund. The<br>fund must consist of all certification fees submitted by manufacturers, and, in<br>addition to any other moneys made available, be available pursuant to legislative<br>appropriation, to the state fire marshal solely to support processing, testing,<br>enforcement, and oversight activities under this chapter.7.If a manufacturer has certified a cigarette under this section and makes any change<br>to the cigarette which is likely to alter its compliance with the reduced cigarette<br>ignition propensity standards required by this chapter, that cigarette may not be sold<br>or offered for sale in this state until the manufacturer retests the cigarette in<br>accordance with the testing standards set forth in section 18-13-02 and maintains<br>records of that retesting as required by section 18-13-02. Any altered cigarette that<br>does not meet the performance standards set forth in section 18-13-02 may not be<br>sold in this state.18-13-04. (Contingent expiration date - See note) Marking of cigarette packaging.1.Cigarettes that are certified by a manufacturer in accordance with section 18-13-03<br>must be marked to indicate compliance with the requirements of section 18-13-02.<br>The marking must be in eight-point type or larger and consist of:a.Modification of the product uniform product code to include a visible mark<br>printed at or around the area of the uniform product code which may consist of<br>alphanumeric or symbolic characters permanently stamped, engraved,<br>embossed, or printed in conjunction with the uniform product code;b.Any visible combination of alphanumeric or symbolic characters permanently<br>stamped, engraved, or embossed upon the cigarette package or cellophane<br>wrap; orPage No. 4c.Printed, stamped, engraved, or embossed text that indicates that the cigarettes<br>meet the standards of this chapter.2.A manufacturer may use only one marking and shall apply this marking uniformly for<br>all packages, including packs, cartons, and cases, and brands marked by that<br>manufacturer.3.The state fire marshal must be notified as to the marking that is selected.4.Before the certification of any cigarette, a manufacturer shall present its proposed<br>marking to the state fire marshal for approval. Upon receipt of the request, the state<br>fire marshal shall approve or disapprove the marking offered, except that the state<br>fire marshal shall approve any marking in use and approved for sale in New York<br>pursuant to the New York fire safety standards for cigarettes. Proposed markings<br>are deemed approved if the state fire marshal fails to act within ten business days of<br>receiving a request for approval.5.A manufacturer may not modify its approved marking unless the modification has<br>been approved by the state fire marshal in accordance with this section.6.A manufacturer certifying cigarettes in accordance with section 18-13-03 shall<br>provide a copy of the certifications to every wholesale dealer and agent to which the<br>manufacturer sells cigarettes, and shall provide sufficient copies of an illustration of<br>the package marking utilized by the manufacturer under this section for each retail<br>dealer to which the wholesale dealer or agent sells cigarettes. A wholesale dealer<br>and agent shall provide a copy of these package markings received from the<br>manufacturer to all retail dealers to which they sell cigarettes. Wholesale dealers,<br>agents, and retail dealers shall permit the state fire marshal, the tax commissioner,<br>the attorney general, and their employees to inspect markings of cigarette packaging<br>marked under this section.18-13-05. (Contingent expiration date - See note) Penalties.1.A manufacturer, wholesale dealer, agent, or any other person that knowingly sells or<br>offers to sell cigarettes, other than through retail sale, in violation of section<br>18-13-02, for a first offense is subject to a civil penalty not to exceed ten thousand<br>dollars for each sale of cigarettes, and for a subsequent offense is subject to a civil<br>penalty not to exceed twenty-five thousand dollars for each sale, but the penalty<br>against any person may not exceed one hundred thousand dollars during any<br>thirty-day period.2.A retail dealer that knowingly sells cigarettes in violation of section 18-13-02:a.For a first offense is subject to a civil penalty not to exceed five hundred dollars,<br>and for a subsequent offense is subject to a civil penalty not to exceed two<br>thousand dollars, for each sale or offer for sale of cigarettes if the total number<br>of cigarettes sold or offered for sale in the sale does not exceed one thousand<br>cigarettes; orb.For a first offense is subject to a civil penalty not to exceed one thousand<br>dollars, and for a subsequent offense is subject to a civil penalty not to exceed<br>five thousand dollars for each sale or offer for sale of such cigarettes if the total<br>number of cigarettes sold or offered for sale in the sale exceeds one thousand<br>cigarettes, provided that this penalty may not exceed twenty-five thousand<br>dollars during a thirty-day period.3.In addition to any penalty prescribed by law, any manufacturer that knowingly makes<br>a false certification pursuant to section 18-13-03 is subject to a civil penalty of atPage No. 5least seventy-five thousand dollars, but not to exceed two hundred fifty thousand<br>dollars for each false certification.4.Any person violating any other provision in this chapter is subject to a civil penalty for<br>a first offense not to exceed one thousand dollars, and for a subsequent offense to a<br>civil penalty not to exceed five thousand dollars for each violation.5.If any law enforcement personnel or duly authorized representative of the state fire<br>marshal discovers any cigarettes for which no certification has been filed as required<br>by section 18-13-03, or which have not been marked as required by section<br>18-13-04, that personnel or representative may seize and take possession of the<br>cigarettes. Cigarettes seized under this subsection must be destroyed; provided,<br>however, that before the destruction of the cigarettes, the true holder of the<br>trademark rights in the cigarette brand is permitted to inspect the cigarette.6.In addition to any other remedy provided by law, the state fire marshal or attorney<br>general may file an action in district court for a violation of this chapter, including<br>petitioning for:a.Preliminary or permanent injunctive relief against any manufacturer, importer,<br>wholesale dealer, retail dealer, agent, or any other person to enjoin the person<br>from selling or offering to sell any cigarette that does not comply with the<br>requirements of this chapter; orb.To recover any costs or damages suffered by the state because of a violation of<br>this chapter, including enforcement costs relating to the specific violation and<br>attorney's fees.7.Each violation of this chapter or of rules adopted to implement this chapter<br>constitutes a separate civil violation for which the state fire marshal or attorney<br>general may obtain relief.18-13-06. (Contingent expiration date - See note) Implementation.1.The state fire marshal may adopt rules to implement this chapter.2.The state tax commissioner in the regular course of conducting inspections of<br>wholesale dealers, agents, and retail dealers, as authorized under chapter 57-36,<br>may inspect such cigarettes to determine if the cigarettes are marked as required by<br>section 18-13-04.If the cigarettes are not marked as required, the state taxcommissioner shall notify the state fire marshal.18-13-07. (Contingent expiration date - See note) Inspection. The attorney generaland the state fire marshal may examine the books, papers, invoices, and other records of any<br>person in possession, control, or occupancy of any premises where cigarettes are placed, stored,<br>sold, or offered for sale, as well as the stock of cigarettes on the premises. Every person in the<br>possession, control, or occupancy of any premises where cigarettes are placed, sold, or offered<br>for sale shall give the attorney general and the state fire marshal the means, facilities, and<br>opportunity for the examinations authorized by this section.18-13-08. (Contingent expiration date - See note) Fire prevention and public safetyfund. There is established in the state treasury a special fund to be known as the fire prevention<br>and public safety fund. The fund consists of all moneys recovered as penalties under section<br>18-13-05. The moneys must be deposited to the credit of the fund and must be made available<br>to the state fire marshal to support fire safety and prevention programs upon legislative<br>appropriation.18-13-09. (Contingent expiration date - See note) Sale outside of North Dakota.This chapter does not prohibit any person from manufacturing or selling cigarettes that do notPage No. 6meet the requirements of section 18-13-02 if the cigarettes are or will be stamped for sale in<br>another state or are packaged for sale outside the United States and that person has taken<br>reasonable steps to ensure that the cigarettes will not be sold or offered for sale to persons<br>located in this state.18-13-10. (Contingent expiration date - See note) Local regulation. Notwithstandingany other provision of law, home rule charter, or ordinance made under a home rule charter, a<br>political subdivision may not enact or enforce any ordinance or regulation conflicting with any<br>provision of this chapter or with any policy of this state expressed by this chapter.Page No. 7Document Outlinechapter 18-13 ignition propensity for cigarettes