2006 New York Code - Fire Safety Standards For Cigarettes.

 
    § 156-c. Fire safety standards for cigarettes. 1. a. When used in this
  section,  the  word  "cigarette"  shall  mean  any roll for smoking made
  wholly or in part of tobacco or of any other substance, irrespective  of
  size  or shape and whether or not such tobacco or substance is flavored,
  adulterated or mixed with any other ingredient, the wrapper or cover  of
  which  is  made  of  paper  or  any  other  substance or material except
  tobacco.
    b. When used in this section, the word "sell" shall mean to  sell,  or
  to offer or agree to do the same.
    2.  a. Within two years after this section takes effect, the office of
  fire prevention and control shall promulgate fire safety  standards  for
  cigarettes  sold or offered for sale in this state. Such standards shall
  take effect as provided in subdivision four of this  section  and  shall
  insure either:
    (1)  That such cigarettes, if ignited, will stop burning within a time
  period specified by the standards  if  the  cigarettes  are  not  smoked
  during that period; or
    (2)  That such cigarettes meet performance standards prescribed by the
  office of fire prevention and  control  to  limit  the  risk  that  such
  cigarettes  will  ignite  upholstered  furniture,  mattresses  or  other
  household furnishings.
    b. In promulgating fire safety standards for  cigarettes  pursuant  to
  this section, the office of fire prevention and control, in consultation
  with  the  department  of  health,  shall  consider  whether  cigarettes
  manufactured in accordance with such standards may reasonably result  in
  increased health risks to consumers.
    c.  The office of fire prevention and control shall be responsible for
  administering the provisions of this section.
    d. The office of fire prevention  and  control  shall  report  to  the
  governor  and  the  legislature no later than eighteen months after this
  section takes effect on the status of its work in promulgating the  fire
  safety standards required by this subdivision.
    3.  On  and  after  the  date the fire safety standards take effect in
  accordance with subdivision four of this section, no cigarettes shall be
  sold or offered for sale in this state unless the  manufacturer  thereof
  has  certified  in  writing to the office of fire prevention and control
  and the attorney general  that  such  cigarettes  meet  the  performance
  standards  prescribed  by  the  office  of  fire  prevention and control
  pursuant to subdivision two of this  section.  Copies  of  such  written
  certifications  shall  be provided by the certifying manufacturer to all
  wholesale dealers, as defined  in  subdivision  eight  of  section  four
  hundred  seventy  of  the  tax  law,  and  all  agents,  as  defined  in
  subdivision eleven of section four hundred seventy of the tax  law.  The
  office  of  fire  prevention  and  control shall prescribe procedures by
  which  retail  dealers  are  notified  of  which  cigarettes  have  been
  certified   by   manufacturers  as  meeting  the  performance  standards
  prescribed by the office of fire prevention and control.
    4. The fire safety standards required pursuant to subdivision  two  of
  this  section  shall  take  effect  on  such  date as the office of fire
  prevention and control shall specify in promulgating such standards  and
  such  date shall be the earliest practicable date by which manufacturers
  of cigarettes can comply with such standards;  provided,  however,  that
  such  date  shall  not  be later than one hundred eighty days after such
  standards are promulgated. On and after such date, no person  or  entity
  shall  sell in this state cigarettes that have not been certified by the
  manufacturer in accordance  with  subdivision  three  of  this  section;
  provided,  however,  that nothing in this subdivision shall be construed
  to prohibit any person or entity from selling cigarettes that  have  not
  been  certified by the manufacturer in accordance with subdivision three
  of this section if such cigarettes are or will be stamped  for  sale  in
  another state or are packaged for sale outside the United States.
    5. a. Any wholesale dealer, as defined in subdivision eight of section
  four  hundred  seventy  of  the  tax  law,  or  any agent, as defined in
  subdivision eleven of section four hundred seventy of the  tax  law,  or
  any  other  person or entity who knowingly sells cigarettes wholesale in
  violation of subdivision four of this section  shall  be  subject  to  a
  civil  penalty  not to exceed ten thousand dollars per each such sale of
  such cigarettes. Any retail dealer, as defined in  subdivision  nine  of
  section  four  hundred  seventy  of  the  tax  law,  who knowingly sells
  cigarettes in violation of subdivision four of  this  section  shall  be
  subject to the following: (i) a civil penalty not to exceed five hundred
  dollars  per  each  such  sale  or  offer  for  sale of such cigarettes,
  provided that the total number of cigarettes sold or offered for sale in
  such sale does not exceed one thousand cigarettes; (ii) a civil  penalty
  not  to exceed one thousand dollars per each such sale or offer for sale
  of such cigarettes, provided that the total number of cigarettes sold or
  offered for sale in such sale exceeds one thousand cigarettes.
    b. In addition to any 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 subdivision three of  this  section  shall  be
  subject  to  a civil penalty not to exceed ten thousand dollars for each
  such false certification.
    c. There is hereby established in the custody of the state comptroller
  a special fund to be known as the "Cigarette Fire Safety Act Fund". Such
  fund shall consist of all moneys recovered by the attorney general  from
  the  assessment  of civil penalties authorized by this subdivision. Such
  monies shall be deposited to the  credit  of  the  fund  and  shall,  in
  addition  to  any  other  moneys  made  available  for  such purpose, be
  available to the office of fire prevention and control for  the  purpose
  of  fire safety and prevention programs. All payments from the cigarette
  fire safety act fund shall be made on the audit and warrant of the state
  comptroller on vouchers  certified  and  submitted  by  the  state  fire
  administrator.
    6. To enforce the provisions of this section, the attorney general may
  bring  an  action  on  behalf  of the people of the state of New York to
  enjoin acts in violation of this section and to recover civil  penalties
  authorized under subdivision five of this section.