Download as PDF
227.772
Reduced cigarette ignition propensity standards -- Test methods -Certification -- Reports and recommendations.
(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(2)
(a)
(b)
(3)
(a)
Except as provided in subsection (7) of this section, no cigarettes shall be sold
or offered for sale in this state or offered for sale or sold to persons located in
this state unless the cigarettes have been tested in accordance with the test
method and meet the performance standards specified in this section, a written
certification has been filed by the manufacturer with the state fire marshal in
accordance with KRS 227.774, and the cigarettes have been marked in
accordance with KRS 227.776.
Testing of cigarettes shall be conducted in accordance with the American
Society of Testing and Materials (ASTM) standard E2187-04, "Standard Test
Method for Measuring the Ignition Strength of Cigarettes."
Testing shall be conducted on ten (10) layers of filter paper.
No more than twenty-five percent (25%) of the cigarettes tested in a test trial
in accordance with this section shall exhibit full-length burns. Forty (40)
replicate tests shall comprise a complete test trial for each cigarette tested.
The performance standard required by this section shall only be applied to a
complete test trial.
Written certifications shall be based upon testing conducted by a laboratory
that has been accredited pursuant to standard ISO/IEC 17025 of the
International Organization for Standardization (ISO), or other comparable
accreditation standard required by the state fire marshal.
Laboratories conducting testing in accordance with this section shall
implement a quality control and quality assurance program that includes a
procedure to determine the repeatability of the testing results. The
repeatability value shall be no greater than nineteen one-hundredths (0.19).
This section does not require additional testing if cigarettes are tested
consistent with KRS 227.770 to 227.784 for any other purpose.
Testing performed or sponsored by the state fire marshal to determine a
cigarette's compliance with the performance standard required shall be
conducted in accordance with this section.
Each cigarette listed in a certification submitted pursuant to KRS 227.774 that
uses lowered permeability bands in the cigarette paper to achieve compliance
with the performance standard set forth in this section shall have at least two
(2) nominally identical bands on the paper surrounding the tobacco column.
At least one (1) complete band shall be located at least fifteen (15) millimeters
from the lighting end of the cigarette.
For cigarettes on which the bands are positioned by design, there shall be at
least two (2) bands fully located at least fifteen (15) millimeters from the
lighting end and ten (10) millimeters from the filter end of the tobacco
column, or ten (10) millimeters from the labeled end of the tobacco column
for nonfiltered cigarettes.
A manufacturer of a cigarette that the state fire marshal determines cannot be
(4)
(5)
(6)
(7)
(8)
tested in accordance with the test method prescribed in subsection (1)(b) of
this section shall propose a test method and performance standard for the
cigarette to the state fire marshal. Upon approval of the proposed test method
and a determination by the state fire marshal that the performance standard
proposed by the manufacturer is equivalent to the performance standard
prescribed in subsection (1)(d) of this section, the manufacturer may employ a
test method and performance standard to certify the cigarette pursuant to KRS
227.774.
(b) If the state fire marshal determines the existence of other cigarette ignition
propensity standards that include a test method and performance standard that
are the same as those contained in KRS 227.770 to 227.784, then the state fire
marshal may authorize the manufacturer to employ the alternative test method
and performance standard to certify that cigarette for sale in this state, unless
the state fire marshal demonstrates a reasonable basis why the alternative test
should not be accepted under KRS 227.770 to 227.784. All other applicable
requirements of this section shall apply to the manufacturer.
(a) Each manufacturer shall maintain copies of the reports of all tests conducted
on all cigarettes offered for sale for a period of three (3) years, and shall make
copies of the reports available to the state fire marshal and the Attorney
General upon written request.
(b) Any manufacturer who fails to make copies of the reports available within
sixty (60) days of receiving a written request shall be subject to a civil penalty
not to exceed ten thousand dollars ($10,000) for each day after the sixtieth day
that the manufacturer does not make these copies available.
The state fire marshal may adopt a subsequent ASTM Standard Test Method for
Measuring the Ignition Strength of Cigarettes upon a finding that the subsequent
method does not result in a change in the percentage of full-length burns exhibited
by any tested cigarette when compared to the percentage of full-length burns the
same cigarette would exhibit when tested in accordance with ASTM Standard
E2187-04 and the performance standard in subsection (1)(d) of this section.
The state fire marshal shall review the effectiveness of this section and shall report
every three (3) years to the General Assembly the fire marshal's findings and, if
appropriate, recommendations for legislation to improve the effectiveness of this
section. The report and legislative recommendations shall be submitted no later than
October 1 of each three (3) year period.
The requirements of this section shall not prohibit a wholesale dealer or retailer
from selling its existing inventory of cigarettes on or after April 1, 2008, if the
wholesale dealer or retailer can establish that state tax stamps were affixed to the
cigarettes prior to April 1, 2008, and if the wholesale dealer or retailer can establish
that the inventory was purchased prior to April 1, 2008, in comparable quantity to
the inventory purchased during the same period of the prior year.
The implementation and substance of the New York Fire Safety Standards for
Cigarettes shall be the persuasive authority in the implementation of KRS 227.770
to 227.784.
Effective: April 1, 2008
History: Created 2007 Ky. Acts ch. 70, sec. 2, effective April 1, 2008.
Legislative Research Commission Note (4/1/2008). Under the authority of KRS
7.136(1), the Reviser of Statutes in codification has changed the internal numbering
system of subsection (1) of this statute. No word in the text was changed in the
process.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
