State Codes and Statutes

Statutes > Virginia > Title-59-1 > Chapter-23-1 > 59-1-293-3

§ 59.1-293.3. (For contingent expiration, see Editor's note) Certification ofcigarette testing.

A. Each manufacturer shall submit to the Commissioner written certificationattesting that each cigarette has been tested in accordance with and has metthe performance standard required under § 59.1-293.2.

B. The description of each cigarette listed in the certification shallinclude:

1. The brand;

2. The style;

3. The length in millimeters;

4. The circumference in millimeters;

5. The flavor, if applicable;

6. Whether filter or nonfilter;

7. A package description, such as soft pack or box;

8. The mark approved in accordance with § 59.1-293.4;

9. The name, address, and telephone number of the laboratory, if differentthan the manufacturer that conducted the test; and

10. The date that the testing occurred.

C. On request, the certification shall be made available to the AttorneyGeneral, the Commissioner, and the State Fire Marshal.

D. Each cigarette certified under this section shall be recertified everythree years.

E. If a manufacturer has certified a cigarette pursuant to this section, andthereafter makes any change to such cigarette that is likely to alter itscompliance with the reduced cigarette ignition propensity standards mandatedby this chapter, then before such cigarette may be sold or offered for salein the Commonwealth such manufacturer shall retest such cigarette inaccordance with the testing standards prescribed in § 59.1-293.2 and maintainrecords of such retesting as required by § 59.1-293.2. Any such alteredcigarette that does not meet the performance standard set forth in §59.1-293.2 may not be sold in the Commonwealth.

F. For each brand style of cigarette listed in a certification, amanufacturer shall pay a fee in the amount of $250; however, the Commissionerin consultation with the State Fire Marshal is authorized to adjust theamount of the fee annually to ensure that the amount collected therefromdefrays the actual costs of the processing, testing, enforcement, andoversight activities required by this chapter. The fees assessed under theprovisions of this chapter shall be paid into the state treasury and shall bedeposited into a special fund designated "Cigarette Fire Safety Standard andFirefighter Protection Act Fund." One half of the moneys deposited into thespecial fund and one half of the unexpended balance thereof shall beappropriated for use by the Commissioner to conduct the processing, testing,enforcement, and oversight activities required by this chapter, and suchexpenditures from the special fund shall be made by the State Treasurer onwarrants issued by the Comptroller upon written request signed by theCommissioner. The other half of the moneys deposited into the special fundand the unexpended balance thereof shall be appropriated to the Department ofFire Programs for use by the State Fire Marshal pursuant to § 9.1-206 incarrying out the provisions of the Statewide Fire Prevention Code Act (§27-94 et seq.), and such expenditures from the special fund shall be made bythe State Treasurer on warrants issued by the Comptroller upon writtenrequest signed by the Executive Director of Fire Programs.

(2008, cc. 96, 348.)

State Codes and Statutes

Statutes > Virginia > Title-59-1 > Chapter-23-1 > 59-1-293-3

§ 59.1-293.3. (For contingent expiration, see Editor's note) Certification ofcigarette testing.

A. Each manufacturer shall submit to the Commissioner written certificationattesting that each cigarette has been tested in accordance with and has metthe performance standard required under § 59.1-293.2.

B. The description of each cigarette listed in the certification shallinclude:

1. The brand;

2. The style;

3. The length in millimeters;

4. The circumference in millimeters;

5. The flavor, if applicable;

6. Whether filter or nonfilter;

7. A package description, such as soft pack or box;

8. The mark approved in accordance with § 59.1-293.4;

9. The name, address, and telephone number of the laboratory, if differentthan the manufacturer that conducted the test; and

10. The date that the testing occurred.

C. On request, the certification shall be made available to the AttorneyGeneral, the Commissioner, and the State Fire Marshal.

D. Each cigarette certified under this section shall be recertified everythree years.

E. If a manufacturer has certified a cigarette pursuant to this section, andthereafter makes any change to such cigarette that is likely to alter itscompliance with the reduced cigarette ignition propensity standards mandatedby this chapter, then before such cigarette may be sold or offered for salein the Commonwealth such manufacturer shall retest such cigarette inaccordance with the testing standards prescribed in § 59.1-293.2 and maintainrecords of such retesting as required by § 59.1-293.2. Any such alteredcigarette that does not meet the performance standard set forth in §59.1-293.2 may not be sold in the Commonwealth.

F. For each brand style of cigarette listed in a certification, amanufacturer shall pay a fee in the amount of $250; however, the Commissionerin consultation with the State Fire Marshal is authorized to adjust theamount of the fee annually to ensure that the amount collected therefromdefrays the actual costs of the processing, testing, enforcement, andoversight activities required by this chapter. The fees assessed under theprovisions of this chapter shall be paid into the state treasury and shall bedeposited into a special fund designated "Cigarette Fire Safety Standard andFirefighter Protection Act Fund." One half of the moneys deposited into thespecial fund and one half of the unexpended balance thereof shall beappropriated for use by the Commissioner to conduct the processing, testing,enforcement, and oversight activities required by this chapter, and suchexpenditures from the special fund shall be made by the State Treasurer onwarrants issued by the Comptroller upon written request signed by theCommissioner. The other half of the moneys deposited into the special fundand the unexpended balance thereof shall be appropriated to the Department ofFire Programs for use by the State Fire Marshal pursuant to § 9.1-206 incarrying out the provisions of the Statewide Fire Prevention Code Act (§27-94 et seq.), and such expenditures from the special fund shall be made bythe State Treasurer on warrants issued by the Comptroller upon writtenrequest signed by the Executive Director of Fire Programs.

(2008, cc. 96, 348.)


State Codes and Statutes

State Codes and Statutes

Statutes > Virginia > Title-59-1 > Chapter-23-1 > 59-1-293-3

§ 59.1-293.3. (For contingent expiration, see Editor's note) Certification ofcigarette testing.

A. Each manufacturer shall submit to the Commissioner written certificationattesting that each cigarette has been tested in accordance with and has metthe performance standard required under § 59.1-293.2.

B. The description of each cigarette listed in the certification shallinclude:

1. The brand;

2. The style;

3. The length in millimeters;

4. The circumference in millimeters;

5. The flavor, if applicable;

6. Whether filter or nonfilter;

7. A package description, such as soft pack or box;

8. The mark approved in accordance with § 59.1-293.4;

9. The name, address, and telephone number of the laboratory, if differentthan the manufacturer that conducted the test; and

10. The date that the testing occurred.

C. On request, the certification shall be made available to the AttorneyGeneral, the Commissioner, and the State Fire Marshal.

D. Each cigarette certified under this section shall be recertified everythree years.

E. If a manufacturer has certified a cigarette pursuant to this section, andthereafter makes any change to such cigarette that is likely to alter itscompliance with the reduced cigarette ignition propensity standards mandatedby this chapter, then before such cigarette may be sold or offered for salein the Commonwealth such manufacturer shall retest such cigarette inaccordance with the testing standards prescribed in § 59.1-293.2 and maintainrecords of such retesting as required by § 59.1-293.2. Any such alteredcigarette that does not meet the performance standard set forth in §59.1-293.2 may not be sold in the Commonwealth.

F. For each brand style of cigarette listed in a certification, amanufacturer shall pay a fee in the amount of $250; however, the Commissionerin consultation with the State Fire Marshal is authorized to adjust theamount of the fee annually to ensure that the amount collected therefromdefrays the actual costs of the processing, testing, enforcement, andoversight activities required by this chapter. The fees assessed under theprovisions of this chapter shall be paid into the state treasury and shall bedeposited into a special fund designated "Cigarette Fire Safety Standard andFirefighter Protection Act Fund." One half of the moneys deposited into thespecial fund and one half of the unexpended balance thereof shall beappropriated for use by the Commissioner to conduct the processing, testing,enforcement, and oversight activities required by this chapter, and suchexpenditures from the special fund shall be made by the State Treasurer onwarrants issued by the Comptroller upon written request signed by theCommissioner. The other half of the moneys deposited into the special fundand the unexpended balance thereof shall be appropriated to the Department ofFire Programs for use by the State Fire Marshal pursuant to § 9.1-206 incarrying out the provisions of the Statewide Fire Prevention Code Act (§27-94 et seq.), and such expenditures from the special fund shall be made bythe State Treasurer on warrants issued by the Comptroller upon writtenrequest signed by the Executive Director of Fire Programs.

(2008, cc. 96, 348.)