2007 California Health and Safety Code Part 8. Cigarettes

CA Codes (hsc:14950-14960)

14950.  (a) This part shall be known and may be cited as the
California Cigarette Fire Safety and Firefighter Protection Act.
   (b) As used in this part, the following terms have the following
meanings:
   (1) "Board" means the State Board of Equalization.
   (2) "Cigarette" means a cigarette as defined in Section 30003 of
the Revenue and Taxation Code, but does not include a little cigar.
"Little cigar" means any roll of tobacco wrapped in a leaf of tobacco
or any substance containing tobacco and weighing not more than three
pounds per thousand.
   (3) "Distributor" means a distributor as defined in Section 30011
of the Revenue and Taxation Code.
   (4) "Manufacturer" means any of the following:
   (A) An entity that manufactures or otherwise produces cigarettes
or causes cigarettes to be manufactured or produced anywhere that the
manufacturer intends to be sold in the state, including cigarettes
intended to be sold in the United States through an importer.
   (B) The first purchaser anywhere that intends to resell in the
United States cigarettes manufactured anywhere that the original
manufacturer or maker does not intend to be sold in the United
States.
   (C) An entity that becomes a successor of an entity described in
subparagraph (A) or (B).
   (5) "Offer to sell" means to offer or agree to sell.
   (6) "Package" means package as defined in Section 30015 of the
Revenue and Taxation Code.
   (7) "Quality control and quality assurance program" means the
laboratory procedures implemented to ensure that operator bias,
systematic and nonsystematic methodological errors, and
equipment-related problems do not affect the results of the testing.
This program ensures that the testing repeatability remains within
the required repeatability values stated in paragraph (5) of
subdivision (a) of Section 14952 for all test trials used to certify
cigarettes in accordance with this part.
   (8) "Repeatability" means the range of values within which the
repeat results of cigarette test trials from a single laboratory will
fall 95 percent of the time.
   (9) "Retailer" means a person who engages in the sale of
cigarettes, but not for the purpose of resale.
   (10) "Sale" or "sell" means any transfer, exchange, or barter, in
any manner or by any means whatever, or any agreement for these
purposes. The giving of cigarettes as samples, prizes, or gifts, and
the exchanging of cigarettes for any consideration other than money
are considered sales.
   (11) "Stamp and meter impression" means stamp and meter impression
as defined in Section 30018 of the Revenue and Taxation Code.
   (12) "Wholesaler" means a wholesaler as defined in Section 30016
of the Revenue and Taxation Code.



14951.  (a) A person shall not sell, offer, or possess for sale in
this state cigarettes not in compliance with the following
requirements:
   (1) The cigarettes are tested by the manufacturer in accordance
with the test method prescribed in subdivision (a) of Section 14952.

   (2) The cigarettes meet the performance standard specified in
subdivision (b) of Section 14952.
   (3) The cigarettes meet the marking requirement of Section 14954.

   (4) A written certification is filed by the manufacturer with the
State Fire Marshal in accordance with Section 14953.
   (b) This section does not prohibit distributors, wholesalers, or
retailers from selling their inventory of cigarettes existing on
January 1, 2007, if both of the following conditions are met:
   (1) The distributors, wholesalers, or retailers can establish that
California tax stamps or meter impressions were affixed to the
cigarettes pursuant to Section 30163 of the Revenue and Taxation Code
before January 31, 2007.
    (2) The distributors, wholesalers, or retailers can establish
that the inventory was purchased before January 1, 2007, in
comparable quantity to the inventory purchased during the same period
of 2005.
   (c) This section does not prohibit a person or entity from
manufacturing or selling cigarettes that do not meet the requirements
of subdivision (a) if the cigarettes are or will be stamped or
metered for sale in another state or are packaged for sale outside
the United States.


14952.  (a) (1) 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." However, a subsequent ASTM Standard Test
Method may be adopted upon 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 that the same cigarette would exhibit when tested
in accordance with ASTM Standard E2187-04 and the testing
requirements in paragraphs (2) to (5), inclusive, and the performance
standard specified in subdivision (b).
   (2) Testing shall be conducted on 10 layers of filter paper.
   (3) Forty replicate tests shall comprise a complete test trial for
each cigarette tested.
   (4) The performance standard required by subdivision (b) shall
only be applied to a complete test trial.
   (5) Laboratories conducting testing in accordance with this
subdivision shall implement a quality control and quality assurance
program that includes a procedure that will determine the
repeatability of the testing results. The repeatability value shall
be no greater than 0.19 pursuant to subdivision (b).
   (b) When tested in accordance with subdivision (a), no more than
25 percent of the cigarettes tested in a test trial shall exhibit
full-length burns.
   (c) Each cigarette listed in a certification submitted pursuant to
Section 14953 that uses lowered permeability bands in the cigarette
paper to achieve compliance with the performance standard set forth
in subdivision (b) shall have at least two nominally identical bands
on the paper surrounding the tobacco column. At least one complete
band shall be located at least 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 bands fully located at least 15
millimeters from the lighting end and 10 millimeters from the filter
end of the tobacco column or 10 millimeters from the labeled end of
the tobacco column for a nonfiltered cigarette.
   (d) The manufacturer or manufacturers of a cigarette that cannot
be tested in accordance with the test method prescribed in
subdivision (a) may employ a test method and performance standard for
that cigarette that is equivalent to the performance standard
prescribed in subdivision (b). The manufacturer or manufacturers may
employ that test method and performance standard to certify that
cigarette pursuant to Section 14953. All other applicable
requirements of this part shall apply to the manufacturer or
manufacturers of that cigarette.
   (e) This section does not require additional testing if cigarettes
are tested consistent with this section for any other purpose.
   (f) In order to ensure compliance with the performance standard
specified in subdivision (b), data from testing conducted by
manufacturers to comply with this performance standard shall be kept
on file by these manufacturers for a period of three years after the
initial date of certification and for a period of three years after
each recertification required by subdivision (c) of Section 14953 and
shall be sent to the State Fire Marshal and the Attorney General
upon his or her request.
   (g) This section shall be implemented in accordance with the
implementation and substance of the New York Fire Safety Standards
for Cigarettes that are effective on June 28, 2004.




14953.  (a) Each manufacturer shall submit a written certification
to the State Fire Marshal attesting that each cigarette listed in the
certification has been tested in accordance with subdivision (a) of
Section 14952 and meets the performance standard set forth in
subdivision (b) of that section.
   (b) Each cigarette listed in the certification shall be described
with the following information:
   (1) Brand.
   (2) Style (for example, light, ultra light).
   (3) Length in millimeters.
   (4) Circumference in millimeters.
   (5) Flavor (for example, menthol, chocolate) if applicable.
   (6) Filter or nonfilter.
   (7) Package description (for example, soft pack, box).
   (8) Marking approved in accordance with Section 14954.
   (c) Each cigarette certified under this section shall be
recertified every three years.
   (d) Manufacturers certifying cigarettes in accordance with this
section shall provide a copy of the certifications to all
distributors and wholesalers to which they sell cigarettes and shall
also provide sufficient copies of an illustration of the cigarette
packaging marking utilized by the manufacturer pursuant to Section
14954 for each retailer to which the distributors and wholesalers
sell cigarettes. Distributors and wholesalers shall provide a copy of
these cigarette packaging markings received from manufacturers to
all retailers to which they sell cigarettes.



14954.  (a) Cigarettes that are certified by a manufacturer in
accordance with Section 14953 shall be marked on the packaging and
case to indicate compliance with the requirements of this part.
Marking shall be in 8-point type or larger and consist of one of the
following:
   (1) Modification of the universal product code to include a
visible mark printed at or around the area of that code. The mark may
consist of alphanumeric or symbolic characters permanently stamped,
engraved, embossed or printed in conjunction with the universal
product code.
   (2) Any visible combination of alphanumeric or symbolic characters
permanently stamped, engraved, or embossed upon the cigarette
packaging or cellophane wrap.
   (3) Printed, stamped, engraved, or embossed text on the cigarette
packaging that indicates that the cigarettes meet California
standards.
   (b) Before a certified cigarette can be sold in the state, a
manufacturer shall submit its proposed marking to the State Fire
Marshal. The State Fire Marshal shall approve the marking upon a
finding that it is compliant with the criteria outlined in
subdivision (a). Proposed markings shall be deemed approved if the
State Fire Marshal fails to act within 10 business days of receiving
a proposed marking. A marking in use and approved for the sale of
cigarettes in the State of New York shall be deemed approved.
   (c) A manufacturer must use only one marking and must apply this
marking uniformly for all packagings, including, but not limited to,
packages, cartons, and cases, and brands marketed by that
manufacturer.
   (d) A manufacturer who modifies its marking shall notify the State
Fire Marshal of this change and submit to the State Fire Marshal a
copy of the new marking which shall comply with subdivisions (a) and
(b).


14955.  (a) Any manufacturer or any other person or entity that
knowingly sells or offers to sell cigarettes other than through
retail sale in violation of this part is subject to a civil penalty
not to exceed ten thousand dollars (,000) for each sale.
   (b) Any retailer, distributor, or wholesaler that knowingly sells
or offers to sell cigarettes in violation of this part shall be
subject to the following:
   (1) A civil penalty not to exceed five hundred dollars (0) for
each sale or offer for sale in which the total number of cigarettes
sold or offered for sale does not exceed 50 packages of cigarettes.
   (2) A civil penalty not to exceed one thousand dollars (,000)
for each sale or offer for sale in which the total number of
cigarettes sold or offered for sale exceeds 50 packages of
cigarettes.
   (c) The civil penalties imposed pursuant to subdivisions (a) and
(b) of this section shall be deposited in the Cigarette Fire Safety
and Firefighter Protection Fund.
   (d) In addition to any other penalty prescribed by law, any
corporation, partnership, sole proprietor, limited partnership, or
association engaged in the manufacture of cigarettes that knowingly
makes a false certification pursuant to Section 14953 shall be
subject to a civil penalty not to exceed ten thousand dollars
(,000) for each false certification.
   (e) Any person violating any other provision in this part shall be
subject to a civil penalty not to exceed one thousand dollars
(,000) for each violation. Any cigarettes that have been sold or
offered for sale that do not comply with the performance standard
required by Section 14952 shall be deemed contraband and subject to
seizure and disposal by the board or a law enforcement agency.
   (f) The Attorney General may bring an action on behalf of the
people of the state to restrain further violations of this part and
for any other relief that may be appropriate. In any action by the
Attorney General to enforce this act, the Attorney General shall be
entitled to recover costs of investigation, expert witness fees,
costs of the action, and reasonable attorney's fees.
   (g) It shall be a defense in any action for civil penalties, that
a distributor, wholesaler, retailer, or any person in the stream of
commerce relied in good faith on the manufacturer's certificate or
marking that the cigarettes comply with the requirements of this
part.



14956.  (a) Inspections may be made at any place where cigarettes
are sold, offered for sale, or stored or at any site where there is
evidence of a violation of subdivision (a) of Section 14951.
   (b) Manufacturers, distributors, wholesalers, and retailers shall
permit an employee of the board, upon presentation of the appropriate
identification and credentials, to enter into, and to conduct an
inspection of, any building, facility, site, or place described in
subdivision (a).
   (c) Any person that refuses to allow an inspection authorized
under this section is subject to the penalty imposed by Section
14958.


14957.  Upon discovery by the board or a law enforcement agency that
any person offers or possesses for sale, or has made a sale of,
cigarettes in violation of subdivision (a) of Section 14951, the
board or that law enforcement agency may seize those cigarettes
possessed in violation of this part.



14958.  Any person who knowingly fails or refuses to allow an
inspection by the board, pursuant to Section 14956, is subject to a
civil penalty not to exceed one thousand dollars (,000) for each
failure or refusal.


14959.  This part shall cease to be applicable if federal fire
safety standards for cigarettes that preempt this act are enacted and
take effect subsequent to the effective date of this act and the
State Fire Marshal so notifies the Secretary of State.




14960.  This part shall become operative on January 1, 2007.