New York Executive Code § 156-C

Fire safety standards for cigarettes
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§ 156-c. Fire safety standards for cigarettes. 1. a. When used in this\nsection, the word "cigarette" shall mean any roll for smoking made\nwholly or in part of tobacco or of any other substance, irrespective of\nsize or shape and whether or not such tobacco or substance is flavored,\nadulterated or mixed with any other ingredient, the wrapper or cover of\nwhich is made of paper or any other substance or material except\ntobacco.\n  b. When used in this section, the word "sell" shall mean to sell, or\nto offer or agree to do the same.\n  2. a. Within two years after this section takes effect, the office of\nfire prevention and control shall promulgate fire safety standards for\ncigarettes sold or offered for sale in this state. Such standards shall\ntake effect as provided in subdivision four of this section and shall\ninsure either:\n  (1) That such cigarettes, if ignited, will stop burning within a time\nperiod specified by the standards if the cigarettes are not smoked\nduring that period; or\n  (2) That such cigarettes meet performance standards prescribed by the\noffice of fire prevention and control to limit the risk that such\ncigarettes will ignite upholstered furniture, mattresses or other\nhousehold furnishings.\n  b. In promulgating fire safety standards for cigarettes pursuant to\nthis section, the office of fire prevention and control, in consultation\nwith the department of health, shall consider whether cigarettes\nmanufactured in accordance with such standards may reasonably result in\nincreased health risks to consumers.\n  c. The office of fire prevention and control shall be responsible for\nadministering the provisions of this section.\n  d. The office of fire prevention and control shall report to the\ngovernor and the legislature no later than eighteen months after this\nsection takes effect on the status of its work in promulgating the fire\nsafety standards required by this subdivision.\n  e. When a cigarette is suspected of having ignited a fire, and the\noffice of fire prevention and control receives information regarding the\nbrand and style of such cigarette pursuant to section two hundred four-d\nor ninety-one-a of the general municipal law, and where such brand and\nstyle had been previously certified pursuant to subdivision three of\nthis section and the package has been marked as required by subdivision\nsix of this section, the office of fire prevention and control shall\nconduct random testing on cigarettes of the same brand and style in\norder to determine whether such cigarettes meet the fire safety\nstandards mandated by this section; provided however that such testing\nshall not be required if the office of fire prevention and control has\ntested such brand and style within the preceding three months.\n  3. On and after the date the fire safety standards take effect in\naccordance with subdivision four of this section, no cigarettes shall be\nsold or offered for sale in this state unless the manufacturer thereof\nhas certified in writing to the office of fire prevention and control\nthat such cigarettes meet the performance standards prescribed by the\noffice of fire prevention and control pursuant to subdivision two of\nthis section.\n  (a) Such certifications must be based upon testing conducted by a\nlaboratory that has been accredited pursuant to Standard ISO/IEC 17025\nof the international organization for standardization, or such other\ncomparable accreditation standard as the office of fire prevention and\ncontrol shall require by regulation.\n  (b) Such certification shall be signed by an officer of the\nmanufacturer and shall contain for each cigarette brand style such\ninformation as shall be deemed necessary by the office of fire\nprevention and control, including but not limited to: (i) the brand and\nstyle; (ii) length in millimeters; (iii) circumference in millimeters;\n(iv) flavor, if applicable; (v) filter or non-filter; (vi) package\ndescription; (vii) the name, address an

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