§ 23-20.11-4 Standards for cigarette firesafety. – (a) No cigarettes may be sold or offered for sale in this state or offered forsale or sold to persons located in this state unless such cigarettes have beentested in accordance with the test method and meet the performance standardspecified in this subsection; and a written certification has been filed by themanufacturer with the director in accordance with § 23-20.11-5 of thisact; and the cigarettes have been marked in accordance with § 23-20.11-6of this act.
(1) Testing of cigarettes shall be conducted in accordancewith the American Society of Testing and Materials ("ASTM") standard E2187-04"Standard Test Method for Measuring the Ignition Strength of Cigarettes."
(2) Testing shall be conducted on ten (10) layers of filterpaper.
(3) No more than twenty-five percent (25%) of the cigarettestested in a test trial in accordance with this subsection shall exhibitfull-length burns. Forty (40) replicate tests shall comprise a complete testtrial for each cigarette tested.
(4) The performance standard required by this subsectionshall only be applied to a complete test trial.
(5) Written certifications shall be based upon testingconducted by a laboratory that has been accredited pursuant to Standard ISO/IEC17025 of the International Organization for Standardization ("ISO"), or othercomparable accreditation standard required by the director.
(6) Laboratories conducting testing in accordance with thissubsection shall implement a quality control and quality assurance program thatincludes a procedure to determine the repeatability of the testing results. Therepeatability value shall be no greater than nineteen hundredths (0.19).
(7) This section does not require additional testing ifcigarettes are tested consistent with this chapter for any other purpose.
(8) Testing performed or sponsored by the director todetermine a cigarette's compliance with the performance standard required bythis section shall be conducted in accordance with this section.
(b) Each cigarette listed in a certification submittedpursuant to § 23-20.11-5 of this act that uses lowered permeability bandsin the cigarette paper to achieve compliance with the performance standard setforth in this section shall have at least two (2) nominally identical bands onthe paper surrounding the tobacco column. At least one complete band shall belocated at least fifteen (15) millimeters from the lighting end of thecigarette. For cigarettes on which the bands are positioned by design, thereshall be at least two (2) bands fully located at least fifteen (15) millimetersfrom the lighting end and ten (10) millimeters from the filter end of thetobacco column, or ten (10) millimeters from the labeled end of the tobaccocolumn for a nonfiltered cigarette.
(c) The manufacturer or manufacturers of a cigarette that thedirector determines cannot be tested in accordance with the test methodprescribed in subsection 23-20.11-4(a) shall propose a test method andperformance standard for such cigarette to the director. Upon approval of theproposed test method and a determination by the director that the performancestandard proposed by the manufacturer or manufacturers is equivalent to theperformance standard prescribed in subsection 23-20.11-4(a), the manufactureror manufacturers may employ such test method and performance standard tocertify such cigarette pursuant to § 23-20.11-5 of this act. If thedirector determines that another state has enacted reduced cigarette ignitionpropensity standards that include a test method and performance standard thatare the same as those contained in this section, and the director finds thatthe officials responsible for implementing those requirements have approved theproposed alternative test method and performance standard for a particularcigarette proposed by a manufacturer as meeting the reduced cigarette ignitionpropensity standards of that state's law or regulation under a legal provisioncomparable to this subsection, then the director shall authorize thatmanufacturer to employ the alternative test method and performance standard tocertify that cigarette for sale in this state, unless the director demonstratesa reasonable basis why the alternative test should not be accepted under thischapter. All other applicable requirements of this section shall apply to suchmanufacturer or manufacturers.
(d) Each manufacturer shall maintain copies of the reports ofall tests conducted on all cigarettes offered for sale for a period of three(3) years, and shall make copies of these reports available to the director andthe attorney general upon written request. Any manufacturer who fails to makecopies of these reports available within sixty (60) days of receiving a writtenrequest shall be subject to a civil penalty not to exceed ten thousand dollars($10,000) for each day after the sixtieth (60th) day that the manufacturer doesnot make such copies available.
(e) The director may adopt a subsequent ASTM Standard TestMethod for Measuring the Ignition Strength of Cigarettes upon a finding thatsuch 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 ASTM Standard E2187-04 and the performance standard prescribedin subsection 23-20.11-4(a).
(f) As of January 1, 2010, and at least every three (3) yearsthereafter, the director shall review of the effectiveness of this section andreport to the legislature the director's finding's and, if appropriate,recommendations for legislation to improve the effectiveness of this section.The report and legislative recommendations shall be submitted no later thanJanuary 1 of each three (3) year period.
(g) This chapter shall be implemented in accordance with theimplementation and substance of the New York Fire Safety Standards forCigarettes.
§ 23-20.11-4 Standards for cigarette firesafety. – (a) No cigarettes may be sold or offered for sale in this state or offered forsale or sold to persons located in this state unless such cigarettes have beentested in accordance with the test method and meet the performance standardspecified in this subsection; and a written certification has been filed by themanufacturer with the director in accordance with § 23-20.11-5 of thisact; and the cigarettes have been marked in accordance with § 23-20.11-6of this act.
(1) Testing of cigarettes shall be conducted in accordancewith the American Society of Testing and Materials ("ASTM") standard E2187-04"Standard Test Method for Measuring the Ignition Strength of Cigarettes."
(2) Testing shall be conducted on ten (10) layers of filterpaper.
(3) No more than twenty-five percent (25%) of the cigarettestested in a test trial in accordance with this subsection shall exhibitfull-length burns. Forty (40) replicate tests shall comprise a complete testtrial for each cigarette tested.
(4) The performance standard required by this subsectionshall only be applied to a complete test trial.
(5) Written certifications shall be based upon testingconducted by a laboratory that has been accredited pursuant to Standard ISO/IEC17025 of the International Organization for Standardization ("ISO"), or othercomparable accreditation standard required by the director.
(6) Laboratories conducting testing in accordance with thissubsection shall implement a quality control and quality assurance program thatincludes a procedure to determine the repeatability of the testing results. Therepeatability value shall be no greater than nineteen hundredths (0.19).
(7) This section does not require additional testing ifcigarettes are tested consistent with this chapter for any other purpose.
(8) Testing performed or sponsored by the director todetermine a cigarette's compliance with the performance standard required bythis section shall be conducted in accordance with this section.
(b) Each cigarette listed in a certification submittedpursuant to § 23-20.11-5 of this act that uses lowered permeability bandsin the cigarette paper to achieve compliance with the performance standard setforth in this section shall have at least two (2) nominally identical bands onthe paper surrounding the tobacco column. At least one complete band shall belocated at least fifteen (15) millimeters from the lighting end of thecigarette. For cigarettes on which the bands are positioned by design, thereshall be at least two (2) bands fully located at least fifteen (15) millimetersfrom the lighting end and ten (10) millimeters from the filter end of thetobacco column, or ten (10) millimeters from the labeled end of the tobaccocolumn for a nonfiltered cigarette.
(c) The manufacturer or manufacturers of a cigarette that thedirector determines cannot be tested in accordance with the test methodprescribed in subsection 23-20.11-4(a) shall propose a test method andperformance standard for such cigarette to the director. Upon approval of theproposed test method and a determination by the director that the performancestandard proposed by the manufacturer or manufacturers is equivalent to theperformance standard prescribed in subsection 23-20.11-4(a), the manufactureror manufacturers may employ such test method and performance standard tocertify such cigarette pursuant to § 23-20.11-5 of this act. If thedirector determines that another state has enacted reduced cigarette ignitionpropensity standards that include a test method and performance standard thatare the same as those contained in this section, and the director finds thatthe officials responsible for implementing those requirements have approved theproposed alternative test method and performance standard for a particularcigarette proposed by a manufacturer as meeting the reduced cigarette ignitionpropensity standards of that state's law or regulation under a legal provisioncomparable to this subsection, then the director shall authorize thatmanufacturer to employ the alternative test method and performance standard tocertify that cigarette for sale in this state, unless the director demonstratesa reasonable basis why the alternative test should not be accepted under thischapter. All other applicable requirements of this section shall apply to suchmanufacturer or manufacturers.
(d) Each manufacturer shall maintain copies of the reports ofall tests conducted on all cigarettes offered for sale for a period of three(3) years, and shall make copies of these reports available to the director andthe attorney general upon written request. Any manufacturer who fails to makecopies of these reports available within sixty (60) days of receiving a writtenrequest shall be subject to a civil penalty not to exceed ten thousand dollars($10,000) for each day after the sixtieth (60th) day that the manufacturer doesnot make such copies available.
(e) The director may adopt a subsequent ASTM Standard TestMethod for Measuring the Ignition Strength of Cigarettes upon a finding thatsuch 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 ASTM Standard E2187-04 and the performance standard prescribedin subsection 23-20.11-4(a).
(f) As of January 1, 2010, and at least every three (3) yearsthereafter, the director shall review of the effectiveness of this section andreport to the legislature the director's finding's and, if appropriate,recommendations for legislation to improve the effectiveness of this section.The report and legislative recommendations shall be submitted no later thanJanuary 1 of each three (3) year period.
(g) This chapter shall be implemented in accordance with theimplementation and substance of the New York Fire Safety Standards forCigarettes.
§ 23-20.11-4 Standards for cigarette firesafety. – (a) No cigarettes may be sold or offered for sale in this state or offered forsale or sold to persons located in this state unless such cigarettes have beentested in accordance with the test method and meet the performance standardspecified in this subsection; and a written certification has been filed by themanufacturer with the director in accordance with § 23-20.11-5 of thisact; and the cigarettes have been marked in accordance with § 23-20.11-6of this act.
(1) Testing of cigarettes shall be conducted in accordancewith the American Society of Testing and Materials ("ASTM") standard E2187-04"Standard Test Method for Measuring the Ignition Strength of Cigarettes."
(2) Testing shall be conducted on ten (10) layers of filterpaper.
(3) No more than twenty-five percent (25%) of the cigarettestested in a test trial in accordance with this subsection shall exhibitfull-length burns. Forty (40) replicate tests shall comprise a complete testtrial for each cigarette tested.
(4) The performance standard required by this subsectionshall only be applied to a complete test trial.
(5) Written certifications shall be based upon testingconducted by a laboratory that has been accredited pursuant to Standard ISO/IEC17025 of the International Organization for Standardization ("ISO"), or othercomparable accreditation standard required by the director.
(6) Laboratories conducting testing in accordance with thissubsection shall implement a quality control and quality assurance program thatincludes a procedure to determine the repeatability of the testing results. Therepeatability value shall be no greater than nineteen hundredths (0.19).
(7) This section does not require additional testing ifcigarettes are tested consistent with this chapter for any other purpose.
(8) Testing performed or sponsored by the director todetermine a cigarette's compliance with the performance standard required bythis section shall be conducted in accordance with this section.
(b) Each cigarette listed in a certification submittedpursuant to § 23-20.11-5 of this act that uses lowered permeability bandsin the cigarette paper to achieve compliance with the performance standard setforth in this section shall have at least two (2) nominally identical bands onthe paper surrounding the tobacco column. At least one complete band shall belocated at least fifteen (15) millimeters from the lighting end of thecigarette. For cigarettes on which the bands are positioned by design, thereshall be at least two (2) bands fully located at least fifteen (15) millimetersfrom the lighting end and ten (10) millimeters from the filter end of thetobacco column, or ten (10) millimeters from the labeled end of the tobaccocolumn for a nonfiltered cigarette.
(c) The manufacturer or manufacturers of a cigarette that thedirector determines cannot be tested in accordance with the test methodprescribed in subsection 23-20.11-4(a) shall propose a test method andperformance standard for such cigarette to the director. Upon approval of theproposed test method and a determination by the director that the performancestandard proposed by the manufacturer or manufacturers is equivalent to theperformance standard prescribed in subsection 23-20.11-4(a), the manufactureror manufacturers may employ such test method and performance standard tocertify such cigarette pursuant to § 23-20.11-5 of this act. If thedirector determines that another state has enacted reduced cigarette ignitionpropensity standards that include a test method and performance standard thatare the same as those contained in this section, and the director finds thatthe officials responsible for implementing those requirements have approved theproposed alternative test method and performance standard for a particularcigarette proposed by a manufacturer as meeting the reduced cigarette ignitionpropensity standards of that state's law or regulation under a legal provisioncomparable to this subsection, then the director shall authorize thatmanufacturer to employ the alternative test method and performance standard tocertify that cigarette for sale in this state, unless the director demonstratesa reasonable basis why the alternative test should not be accepted under thischapter. All other applicable requirements of this section shall apply to suchmanufacturer or manufacturers.
(d) Each manufacturer shall maintain copies of the reports ofall tests conducted on all cigarettes offered for sale for a period of three(3) years, and shall make copies of these reports available to the director andthe attorney general upon written request. Any manufacturer who fails to makecopies of these reports available within sixty (60) days of receiving a writtenrequest shall be subject to a civil penalty not to exceed ten thousand dollars($10,000) for each day after the sixtieth (60th) day that the manufacturer doesnot make such copies available.
(e) The director may adopt a subsequent ASTM Standard TestMethod for Measuring the Ignition Strength of Cigarettes upon a finding thatsuch 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 ASTM Standard E2187-04 and the performance standard prescribedin subsection 23-20.11-4(a).
(f) As of January 1, 2010, and at least every three (3) yearsthereafter, the director shall review of the effectiveness of this section andreport to the legislature the director's finding's and, if appropriate,recommendations for legislation to improve the effectiveness of this section.The report and legislative recommendations shall be submitted no later thanJanuary 1 of each three (3) year period.
(g) This chapter shall be implemented in accordance with theimplementation and substance of the New York Fire Safety Standards forCigarettes.
