(1) Except as provided in Subsection (8), no cigarettes may be sold or offered for sale in this state
or offered for sale or sold to persons located in this state unless:
(a) the cigarettes have been tested in accordance with the test method required by this section;
(b) the cigarettes meet the performance standard specified in this section;
(c) a written certification has been filed by the manufacturer with the state fire marshal in
accordance with Section 53-7-404; and
(d) the cigarettes have been marked in accordance with Section 53-7-405.
(2)
(a) 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."
(b) Testing shall be conducted on 10 layers of filter paper.
(c) No more than 25% of the cigarettes tested in a test trial in accordance with this section shall
exhibit full-length burns. Forty replicate tests shall comprise a complete test trial for each
cigarette tested.
(d) The performance standard required by this section shall only be applied to a complete test
trial.
(e) 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.
(f) Laboratories conducting testing in accordance with this section 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.
(g) This section does not require additional testing if cigarettes are tested consistent with this part
for any other purpose.
(h) 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.
(3) Each cigarette listed in a certification submitted pursuant to Section 53-7-404 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 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 nonfiltered cigarettes.
(4) A manufacturer of a cigarette that the state fire marshal determines cannot be tested in
accordance with the test method prescribed in Subsection (2)(a) 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 (2)(c), the manufacturer may employ such test method and performance standard
to certify such cigarette pursuant to Section 53-7-404. If the state fire marshal determines
that another state has enacted reduced cigarette ignition propensity standards that include a
test method and performance standard that are the same as those contained in this part, and
the state fire marshal finds that the officials responsible for implementing those requirements
have approved the proposed alternative test method and performance standard for a particular
cigarette proposed by a manufacturer as meeting the fire safety standards of that state's law
or regulation under a legal provision comparable to this section, then the state fire marshal
shall authorize that 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 this part. All other
applicable requirements of this section shall apply to the manufacturer.
(5) Each manufacturer shall maintain copies of the reports of all tests conducted on all cigarettes
offered for sale for a period of three years, and shall make copies of these reports available to
the state fire marshal and the attorney general upon written request. Any manufacturer who
fails to make copies of these reports available within 60 days of receiving a written request shall
be subject to a civil penalty not to exceed $10,000 for each day after the sixtieth day that the
manufacturer does not make the copies available.
(6) 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 (2)(c).
(7) The state fire marshal shall review the effectiveness of this section and report every three
years to the Legislature the state 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 November 1, 2011 and every November 1 of
each three-year period thereafter.
(8) The requirements of Subsection (1) shall not prohibit wholesale or retail dealers from selling
their existing inventory of cigarettes on or after July 1, 2008 if the wholesale or retail dealer can
establish that state tax stamps were affixed to the cigarettes prior to July 1, 2008, and if the
wholesale or retail dealer can establish that the inventory was purchased prior to July 1, 2008 in
comparable quantity to the inventory purchased during the same period of the prior year.
(9) This part shall be implemented in accordance with the implementation and substance of the
New York Fire Safety Standards for Cigarettes.‹ Prev All Utah sections Next ›
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