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                                 SENATE AMENDED
        PRIOR PRINTER'S NOS. 2051, 2534, 2657         PRINTER'S NO. 3392

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1612 Session of 2007


        INTRODUCED BY SOLOBAY, COHEN, CARROLL, GOODMAN, GRELL,
           HENNESSEY, JOSEPHS, KIRKLAND, KORTZ, LEACH, MAHONEY,
           MANDERINO, PALLONE, PAYNE, PETRONE, STABACK, YOUNGBLOOD,
           BOYD, BRENNAN, JAMES, FREEMAN, SIPTROTH AND CALTAGIRONE,
           JUNE 21, 2007

        SENATOR TOMLINSON, CONSUMER PROTECTION AND PROFESSIONAL
           LICENSURE, IN SENATE, AS AMENDED, MARCH 11, 2008

                                     AN ACT

     1  Providing for testing standards for cigarette fire safety, for
     2     certification of compliance by manufacturers, for package
     3     markings and for enforcement and penalties; establishing
     4     special funds; and providing for sale of existing inventory,
     5     for manufacturers' sale to other states or foreign countries
     6     and for regulations and preemptions.

     7     The General Assembly of the Commonwealth of Pennsylvania
     8  hereby enacts as follows:
     9  Section 1.  Short title.
    10     This act shall be known and may be cited as the Cigarette
    11  Fire Safety and Firefighter Protection Act.
    12  Section 2.  Legislative findings and intent.                      <--
    13     (a)  Findings.--The General Assembly finds that:
    14         (1)  Cigarettes are the leading cause of fire deaths in
    15     this Commonwealth and in the nation. Each year 1,000 persons
    16     are killed in the United States due to cigarette fires and
    17     3,000 are injured in fires ignited by cigarettes. A high


     1     proportion of the victims of cigarette fires are nonsmokers,
     2     including senior citizens and young children. Cigarette-
     3     caused fires result in billions of dollars of property losses
     4     and damage in the United States and millions of dollars in
     5     this Commonwealth. Cigarette fires unnecessarily jeopardize
     6     firefighters and result in avoidable emergency response costs
     7     for municipalities.
     8         (2)  The State of New York has enacted a cigarette fire
     9     safety regulation effective June 28, 2004, that requires that
    10     cigarettes sold in that state meet a fire safety performance
    11     standard. California passed this bill into law on October 7,
    12     2005. The General Assembly finds that New York State's
    13     cigarette fire safety standard is based upon decades of
    14     research by the National Institute of Standards and
    15     Technology, Congressional research groups and private
    16     industry.
    17     (b)  Intent.--It is the General Assembly's intent that the
    18  Commonwealth adopt the cigarette fire safety standard that is in
    19  effect in New York State to reduce the likelihood that
    20  cigarettes will cause fires and result in deaths, injuries and
    21  property damage. It is further the General Assembly's intent to
    22  adopt a cigarette fire safety standard with a minimum of cost to
    23  the Commonwealth and with minimal burden to cigarette
    24  manufacturers, distributors and retail sellers as set forth
    25  under this act.
    26  SECTION 2.  (RESERVED).                                           <--
    27  Section 3.  Definitions.
    28     The following words and phrases when used in this act shall
    29  have the meanings given to them in this section unless the
    30  context clearly indicates otherwise:
    20070H1612B3392                  - 2 -     

     1     "Agent."  Any person authorized by the Commonwealth to
     2  purchase and affix tax stamps on packages of cigarettes.
     3     "Cigarette."  Any roll for smoking whether made wholly or in   <--
     4     "CIGARETTE."  ANY OF THE FOLLOWING:                            <--
     5         (1)  A ROLL FOR SMOKING WHETHER MADE WHOLLY OR IN part of
     6     tobacco or any other substance, irrespective of size or shape
     7     and whether or not the tobacco or substance is flavored,
     8     adulterated or mixed with any other ingredient, the wrapper
     9     or cover of which is made of paper or any other substance or
    10     material except tobacco.
    11         (2)  A ROLL FOR SMOKING WRAPPED IN ANY SUBSTANCE           <--
    12     CONTAINING TOBACCO OTHER THAN A PRODUCT ACCEPTED BY THE
    13     FEDERAL GOVERNMENT AS A CIGAR, WHICH, BECAUSE OF ITS
    14     APPEARANCE OR THE TYPE OF TOBACCO USED IN THE FILLER, OR ITS
    15     PACKAGING AND LABELING, IS LIKELY TO BE OFFERED TO, OR
    16     PURCHASED BY, CONSUMERS AS A CIGARETTE AS DESCRIBED IN
    17     PARAGRAPH (1).
    18     "Commissioner."  The State Fire Commissioner.
    19     "DEPARTMENT."  THE DEPARTMENT OF REVENUE OF THE COMMONWEALTH.  <--
    20     "Manufacturer."
    21         (1)  Any entity which manufactures or otherwise produces
    22     cigarettes or causes cigarettes to be manufactured or
    23     produced anywhere IN ANY JURISDICTION that such manufacturer   <--
    24     intends to be sold in this Commonwealth, including cigarettes
    25     intended to be sold in the United States through an importer.
    26         (2)  The first purchaser anywhere IN ANY JURISDICTION      <--
    27     that intends to resell in the United States cigarettes
    28     manufactured anywhere IN ANY JURISDICTION that the original    <--
    29     manufacturer or maker does not intend to be sold in the
    30     United States.
    20070H1612B3392                  - 3 -     

     1         (3)  Any entity that becomes a successor of any entity
     2     described under paragraph (1) or (2).
     3     "Quality control and quality assurance program."  The
     4  laboratory procedures implemented to ensure that operator bias,
     5  systematic and nonsystematic methodological errors and
     6  equipment-related problems do not affect the results of the
     7  testing.
     8     "Repeatability."  The range of values within which the repeat
     9  results of cigarette test trials from a single laboratory will
    10  fall 95% of the time.
    11     "Retail dealer."  Any person other than a manufacturer or
    12  wholesale dealer engaged in selling cigarettes or tobacco
    13  products.
    14     "Sale."  Any transfer of title or possession or both,
    15  exchange or barter, conditional or otherwise, in any manner or
    16  by any means whatever or any agreement therefore. In addition to
    17  cash and credit sales, the giving of cigarettes as samples,
    18  prizes or gifts and the exchanging of cigarettes for any
    19  consideration other than money shall be considered sales.
    20     "Sell."  To sell, to offer or to agree to do the same.
    21     "Wholesale dealer."  Any person, other than a manufacturer,
    22  who sells cigarettes or tobacco products to retail dealers or
    23  other persons for purposes of resale and any person who owns,
    24  operates or maintains one or more cigarette or tobacco product
    25  vending machines in, at or upon premises owned or occupied by
    26  any other person.
    27  Section 4.  Standards for cigarette fire safety.
    28     (a)  Testing.--Except as provided under subsection (g), no
    29  cigarettes may be sold or offered for sale in this Commonwealth
    30  or offered for sale or sold to persons located in this
    20070H1612B3392                  - 4 -     

     1  Commonwealth unless the cigarettes have been tested in
     2  accordance with the test method and meet the performance
     3  standard specified in this section, a written certification has
     4  been filed by the manufacturer with the commissioner DEPARTMENT   <--
     5  in accordance with section 5 and the cigarettes have been marked
     6  in accordance with section 6.
     7     (b)  Testing standards.--Testing of cigarettes shall be
     8  conducted in accordance with the American Society of Testing and
     9  Materials (ASTM) Standard E2187-04 "Standard Test Method for
    10  Measuring the Ignition Strength of Cigarettes." Testing shall be
    11  conducted on ten layers of filter paper. No more than 25% of the
    12  cigarettes tested in a test trial in accordance with this
    13  subsection shall exhibit full-length burns. Forty replicate
    14  tests shall comprise a complete test trial for each cigarette
    15  tested. The performance standard required by this subsection
    16  shall only be applied to a complete test trial. Laboratories
    17  conducting testing in accordance with this subsection shall
    18  implement a quality control and quality assurance program that
    19  includes a procedure to determine the repeatability of the
    20  testing results. The repeatability value shall be no greater
    21  than 0.19. The program shall ensure that the testing
    22  repeatability remains within the required repeatability values
    23  for all test trials used to certify cigarettes in accordance
    24  with this act. Written certifications shall be based upon
    25  testing conducted by a laboratory that has been accredited under
    26  standard ISO/IEC 17025 of the International Organization for
    27  Standardization or has been accredited under another comparable
    28  accreditation standard required by the commissioner. Additional
    29  testing shall not be required under this subsection if
    30  cigarettes are tested in a manner consistent with this act for
    20070H1612B3392                  - 5 -     

     1  any other purposes. Testing performed or sponsored by the
     2  commissioner to determine a cigarette's compliance with the
     3  required performance standard shall be conducted in accordance
     4  with this subsection.
     5     (c)  Use of bands.--Each cigarette listed in a certification
     6  submitted under section 5 that uses lowered permeability bands
     7  in the cigarette paper to achieve compliance with the
     8  performance standard set forth in this section shall have at
     9  least two nominally identical bands on the paper surrounding the
    10  tobacco column. At least one complete band shall be located at
    11  least 15 millimeters from the lighting end of the cigarette. For
    12  cigarettes on which the bands are positioned by design, there
    13  shall be at least two bands fully located at least 15
    14  millimeters from the lighting end and 10 millimeters from the
    15  filter end of the tobacco column or 10 millimeters from the
    16  labeled end of the tobacco column for a nonfiltered cigarette.
    17     (d)  Alternate testing.--The manufacturer or manufacturers of
    18  a cigarette that the commissioner determines cannot be tested in
    19  accordance with the test method prescribed under subsection (a)
    20  shall propose a test method and performance standard for such
    21  cigarette to the commissioner. Upon approval of the proposed
    22  test method and a determination by the commissioner that the
    23  performance standard proposed by the manufacturer or
    24  manufacturers is equivalent to the performance standard
    25  prescribed under subsection (a), the manufacturer or
    26  manufacturers may employ such test method and performance
    27  standard to certify the cigarette under section 5. If the
    28  commissioner determines that another state has enacted reduced
    29  cigarette ignition propensity standards that include a test
    30  method and performance standard that are the same as those
    20070H1612B3392                  - 6 -     

     1  contained in this act, and the commissioner finds that the
     2  officials responsible for implementing those requirements have
     3  approved the proposed alternative test method and performance
     4  standard for a particular cigarette proposed by a manufacturer
     5  as meeting the fire safety standards of that state's law or
     6  regulation under a provision comparable to this section, then
     7  the commissioner shall authorize that manufacturer to employ the
     8  alternative test method and performance standard to certify that
     9  cigarette for sale in this Commonwealth, unless the commissioner
    10  demonstrates a reasonable basis why the alternative test should
    11  not be accepted under this act. All other applicable
    12  requirements of this section shall apply to the manufacturer or
    13  manufacturers.
    14     (e)  Compliance.--In order to ensure compliance with the
    15  performance standard specified in subsection (a), data from
    16  testing conducted by manufacturers on all cigarettes offered for
    17  sale to comply with this act shall be kept on file by the
    18  manufacturers for a period of three years and copies shall be
    19  sent to the DEPARTMENT UPON THE DEPARTMENT'S WRITTEN REQUEST, TO  <--
    20  THE commissioner upon the commissioner's written request and to
    21  the Office of Attorney General upon the Attorney General's
    22  written request. Any manufacturer that fails to make copies of
    23  the reports available within 60 days of receipt of a written
    24  request shall be subject to a civil penalty not to exceed
    25  $10,000 for each day after the 60th day that the manufacturer
    26  does not make the copies available.
    27     (f)  Subsequent testing methods.--The commissioner may adopt
    28  a subsequent ASTM Standard Test Method upon a finding that such
    29  subsequent method does not result in a change in the percentage
    30  of full-length burns exhibited by any tested cigarette when
    20070H1612B3392                  - 7 -     

     1  compared to the percentage of full-length burns the same
     2  cigarette would exhibit when tested in accordance with ASTM
     3  Standard E2187-04 and the performance standard under subsection
     4  (b).
     5     (g)  Consumer testing.--The requirements of subsection (a)
     6  shall not prohibit the sale of cigarettes solely for the purpose
     7  of consumer testing. For the purposes of this subsection,
     8  "consumer testing" shall mean an assessment of cigarettes that
     9  is conducted by a manufacturer or under the control or direction
    10  of a manufacturer, for the purpose of evaluation of consumer
    11  acceptance of cigarettes, utilizing only the quantity of
    12  cigarettes that is reasonably necessary for the assessment.
    13     (h)  Review of standards.--Three years from the effective
    14  date of this section, and every three years thereafter, the
    15  commissioner shall undertake a review of the effectiveness of
    16  this section based upon incidents of cigarette-caused fires,
    17  advances in cigarette fire safety, including improvements in
    18  cigarette technology and the data submitted to demonstrate
    19  compliance with the performance standard. Based upon the
    20  triennial review, the commissioner shall report his findings to
    21  the General Assembly and, if appropriate, submit recommendations
    22  to improve the effectiveness of this section.
    23     (i)  Implementation.--This act shall be implemented in
    24  accordance with the implementation and substance of the New York
    25  Fire Safety Standards for Cigarettes.
    26  Section 5.  Certification of compliance by manufacturers.
    27     (a)  Written certification.--Each manufacturer shall submit
    28  to the commissioner DEPARTMENT a written certification attesting  <--
    29  that:
    30         (1)  Each cigarette listed in the certification has been
    20070H1612B3392                  - 8 -     

     1     tested in accordance with section 4.
     2         (2)  Each cigarette listed in the certification meets the
     3     performance standard set forth under section 4.
     4         (3)  Each cigarette listed in the certification shall be
     5     described with the following information:
     6             (i)  Brand, such as the trade name on the package.
     7             (ii)  Style, such as light, ultra light.
     8             (iii)  Length in millimeters.
     9             (iv)  Circumference in millimeters.
    10             (v)  Flavor, such as menthol, chocolate, if
    11         applicable.
    12             (vi)  Filter or nonfilter.
    13             (vii)  Packaged description, such as soft pack, box.
    14             (viii)  Marking approved in accordance with section
    15         6.
    16             (ix)  The name, address and telephone number of the
    17         laboratory, if different from the manufacturer that
    18         conducted the test.
    19             (x)  The date that the testing occurred.
    20     (b)  Certifications.--The certifications shall be made
    21  available to the Attorney General and the Department of Revenue   <--
    22  COMMISSIONER for the purposes of ensuring compliance with this    <--
    23  section. Each cigarette certified under this section shall be
    24  RETESTED AND recertified every three years. IN THE CASE OF A      <--
    25  CHANGE TO THE CERTIFICATION REQUIRED UNDER THIS SECTION, THE
    26  MANUFACTURER SHALL SUBMIT TO THE DEPARTMENT WITHIN 30 DAYS AN
    27  AMENDED CERTIFICATION FORM.
    28     (c)  Certification fee.--For each certification form
    29  submitted to the commissioner DEPARTMENT, a manufacturer shall    <--
    30  pay to the commissioner a fee of $250. DEPARTMENT A FEE OF        <--
    20070H1612B3392                  - 9 -     

     1  $1,000 PER BRAND FAMILY. ANY AMENDED CERTIFICATION FORM
     2  SUBMITTED WITHIN THE THREE-YEAR CERTIFICATION PERIOD SHALL
     3  REQUIRE AN ADDITIONAL $500 FEE. THE FEE MAY BE INCREASED BY
     4  REGULATION BY THE DEPARTMENT.
     5     (d)  Modification of certain products.--If a manufacturer has
     6  certified a cigarette under this section and later makes a
     7  change to the cigarette that is likely to alter its compliance
     8  with the reduced cigarette ignition propensity standards
     9  required under this act, the cigarette shall not be sold or
    10  offered for sale in this Commonwealth until the manufacturer
    11  retests the cigarette in accordance with the testing standards
    12  under section 4 and maintains records of that retesting as
    13  required under section 4. Any altered cigarette which does not
    14  meet the performance standards under section 4 may not be sold
    15  in this Commonwealth.
    16  Section 6.  Package markings.
    17     (a)  Markings.--Cigarettes that are certified by a             <--
    18  manufacturer in accordance with section 5 shall be marked to
    19  indicate compliance with the requirement of section 4. The
    20  marking shall be in eight-point font type or larger and shall
    21  consist of any one of the following:
    22         (1)  Modification of the product UPC Code to include a
    23     visible mark printed at or around the area of the UPC Code.
    24     The mark may consist of alphanumeric or symbolic characters
    25     permanently stamped, engraved, embossed or printed in
    26     conjunction with the UPC Code.
    27         (2)  Any visible combination of alphanumeric or symbolic
    28     characters permanently stamped, engraved or embossed upon the
    29     cigarette package or cellophane wrap.
    30         (3)  Printed, stamped, engraved or embossed text that
    20070H1612B3392                 - 10 -     

     1     indicates that the cigarettes meet the standards of this act.
     2     (b)  Uniform markings.--A manufacturer must use only one
     3  marking and must apply this marking uniformly for all packages,
     4  including packs, cartons, cases and brands marketed by that
     5  manufacturer.
     6     (c)  Notification.--The commissioner must be notified as to
     7  the marking that is selected.
     8     (d) (A)  Approval of markings.--Prior to the certification of  <--
     9  any cigarette, a manufacturer shall present its proposed marking  <--
    10  to the commissioner for approval. DEPARTMENT FOR APPROVAL A       <--
    11  PROPOSED MARKING FOR USE ON ALL PACKAGES. Upon receipt of the
    12  request, the commissioner DEPARTMENT shall approve or disapprove  <--
    13  the marking offered. The commissioner DEPARTMENT shall approve    <--
    14  the use of letters "FSC," which signifies Fire Standards
    15  Compliant. appearing THE MARKING SHALL APPEAR in eight-point      <--
    16  type or larger and permanently printed, stamped, engraved or      <--
    17  embossed OR ENGRAVED on the package at or near the UPC Code.      <--
    18  Proposed markings shall be deemed approved if the commissioner    <--
    19  DEPARTMENT fails to act within ten business days of receiving a   <--
    20  request for approval.
    21     (e) (B)  Modification of marking.--No manufacturer shall       <--
    22  modify its approved marking unless the modification has been
    23  approved by the commissioner DEPARTMENT in accordance with this   <--
    24  section.
    25     (f) (C)  Copy of certifications.--Manufacturers certifying     <--
    26  cigarettes in accordance with section 5 shall provide a copy of
    27  such certifications to all wholesale dealers and agents to which
    28  they sell cigarettes and shall also provide sufficient copies of
    29  an illustration of the package marking utilized by the
    30  manufacturer pursuant to this section for each retail dealer to
    20070H1612B3392                 - 11 -     

     1  which the wholesale dealers or agents sell cigarettes. Wholesale
     2  dealers and agents shall provide a copy of these package
     3  markings received from manufacturers to all retail dealers to
     4  which they sell cigarettes. Wholesale dealers, agents and retail
     5  dealers shall permit the commissioner, the Secretary of Revenue   <--
     6  DEPARTMENT, the Office of Attorney General or employees thereof   <--
     7  to inspect markings of cigarette packaging marked in accordance
     8  with this section.
     9  Section 7.  Enforcement and penalties.
    10     (a)  Penalties.--
    11         (1)  Any manufacturer, wholesale dealer, agent or any
    12     other person or entity who knowingly sells or offers to sell
    13     cigarettes, other than through retail sale, in violation of
    14     section 4 shall for a first offense be subject to a civil
    15     penalty not to exceed $10,000 per each sale of cigarettes,
    16     and for a subsequent offense be subject to a civil penalty
    17     not to exceed $25,000 per each sale of cigarettes. A penalty
    18     against a person or entity under this section may not exceed
    19     $100,000 during any 30-day period.
    20         (2)  Any retail dealer who knowingly sells or offers to
    21     sell cigarettes in violation of section 4 shall for a first
    22     offense be subject to a civil penalty not to exceed $500, and
    23     for a subsequent offense be subject to a civil penalty not to
    24     exceed $5,000 for each violation. In no case shall the
    25     penalty against any retail dealer exceed $25,000 for sales or
    26     offers to sell during any 30-day period.
    27         (3)  In addition to any penalty provided by statute, an
    28     entity engaged in the manufacture of cigarettes that
    29     knowingly makes a false certification under section 5 shall
    30     be subject to a civil penalty of not less than $75,000 and
    20070H1612B3392                 - 12 -     

     1     not more than $250,000 for each false certification.
     2         (4)  Any cigarettes that have been sold or offered for     <--
     3     sale and that do not comply with the package marking or
     4     performance standards required under this act shall be
     5     subject to forfeiture and disposal by the Commonwealth. Prior
     6     to the destruction of any cigarette forfeited under this
     7     paragraph, the true holder of trademark rights in the
     8     cigarette brand shall be permitted to inspect the cigarette.
     9     (b)  Enforcement.--The commissioner is authorized to enforce
    10  this act and to promulgate regulations as necessary to implement
    11  and administer this act.
    12     (c)  Regulations.--The commissioner may, in consultation with
    13  the Secretary of Revenue and the Attorney General, promulgate
    14  regulations to conduct
    15         (4)  ANY CIGARETTES THAT HAVE BEEN SOLD OR OFFERED FOR     <--
    16     SALE AND ARE NOT CERTIFIED PURSUANT TO THIS ACT OR DO NOT
    17     BEAR THE PACKAGE MARKING APPROVED BY THE DEPARTMENT SHALL BE
    18     DEEMED TO BE CONTRABAND AND SHALL BE SUBJECT TO IMMEDIATE
    19     SEIZURE. THE SEIZED CIGARETTES MAY BE DESTROYED BY THE
    20     COMMONWEALTH TEN DAYS AFTER WRITTEN NOTICE OF SUCH SEIZURE IS
    21     GIVEN TO THE MANUFACTURER. THE MANUFACTURER MAY INSPECT SUCH
    22     SEIZED CIGARETTES DURING THAT TEN-DAY PERIOD.
    23         (5)  ANY CIGARETTES THAT HAVE BEEN SOLD OR OFFERED FOR
    24     SALE THAT DO NOT COMPLY WITH THE PERFORMANCE STANDARD
    25     REQUIRED UNDER THIS ACT SHALL BE DEEMED TO BE CONTRABAND AND
    26     SHALL BE SUBJECT TO SEIZURE BY THE COMMONWEALTH, PROVIDED
    27     THAT THE COMMONWEALTH GIVES WRITTEN NOTICE TO THE
    28     MANUFACTURER TEN DAYS PRIOR TO SEIZURE. THE COMMONWEALTH MAY
    29     APPLY FOR A COURT ORDER TO SHORTEN THIS TIME PERIOD. THE
    30     MANUFACTURER MAY APPLY FOR A COURT ORDER TO PREVENT SUCH
    20070H1612B3392                 - 13 -     

     1     SEIZURE. IF SEIZED, THE MANUFACTURER SHALL HAVE THE
     2     OPPORTUNITY TO INSPECT AND TEST SUCH SEIZED CIGARETTES AND TO
     3     APPEAR IN A FORFEITURE PROCEEDING WHICH WILL DETERMINE
     4     WHETHER SUCH CIGARETTES MAY BE DESTROYED BY THE COMMONWEALTH.
     5     (B)  ENFORCEMENT.--THE DEPARTMENT, THE COMMISSIONER AND THE
     6  OFFICE OF ATTORNEY GENERAL ARE AUTHORIZED TO ENFORCE THIS ACT.
     7     (C)  REGULATIONS.--THE DEPARTMENT AND THE COMMISSIONER MAY
     8  PROMULGATE REGULATIONS AS NECESSARY TO IMPLEMENT AND ADMINISTER
     9  THIS ACT.
    10     (D)  MEMORANDUM OF UNDERSTANDING.--THE DEPARTMENT MAY ENTER
    11  INTO A MEMORANDUM OF UNDERSTANDING WITH THE COMMISSIONER AND THE
    12  ATTORNEY GENERAL, TO COORDINATE THE random inspections of
    13  wholesale dealers, agents and retail dealers to ensure that only
    14  cigarettes complying with this act AND RELATED ACTS are sold in   <--
    15  this Commonwealth.
    16     (d) (E)  Injunctive relief.--In addition to any other remedy   <--
    17  provided by law, the Attorney General may file an action in
    18  State court for a violation of this act, including petitioning
    19  for injunctive relief or to recover any costs or damages
    20  suffered by the Commonwealth because of a violation of this act,
    21  including enforcement costs relating to the specific violation
    22  and attorney fees. In any such action, the Attorney General
    23  shall have the same authority to investigate and to obtain
    24  remedies. Each violation of this section or of rules adopted
    25  under this section constitutes a separate civil violation for
    26  which the Attorney General may obtain relief.
    27  Section 8.  Establishment of special funds.
    28     (a)  Cigarette Fire Safety and Firefighter Protection Act
    29  Enforcement Fund.--There is established in the custody of the
    30  State Treasurer a special fund to be known as the Cigarette Fire
    20070H1612B3392                 - 14 -     

     1  Safety and Firefighter Protection Act Enforcement Fund. The fund
     2  shall consist of all certification fees submitted by
     3  manufacturers and shall, in addition to any other moneys made     <--
     4  available for that purpose, be available to the Treasury
     5  Department BE APPROPRIATED BY THE GENERAL ASSEMBLY TO THE         <--
     6  DEPARTMENT AND THE OFFICE OF ATTORNEY GENERAL and shall be used
     7  solely to support State processing, testing, enforcement and
     8  oversight activities related to this act. All payments from the   <--
     9  Cigarette Fire Safety and Firefighter Protection Act Enforcement
    10  Fund shall be made on the audit and warrant of the State
    11  Treasurer on vouchers certified and submitted by the
    12  commissioner.
    13     (b)  Fire Prevention and Public Safety Fund.--There is
    14  established in the custody of the State Treasurer a special fund
    15  to be known as the Fire Prevention and Public Safety Fund. The
    16  fund shall consist of all moneys recovered as penalties under
    17  this act. The money shall be deposited to the credit of the fund
    18  and shall, in addition to any other money made available for      <--
    19  that purpose, BE APPROPRIATED BY THE GENERAL ASSEMBLY TO THE      <--
    20  COMMISSIONER AND be available to the commissioner to support
    21  fire safety and prevention programs. All payments from the fund   <--
    22  shall be made on the audit and warrant of the State Treasurer on
    23  vouchers certified and submitted by the commissioner.
    24  Section 9.  Sale of existing inventory.
    25     (A)  EXISTING INVENTORY.--The requirement that only            <--
    26  cigarettes certified as compliant with the performance standard
    27  in this act may be sold shall not prohibit wholesale dealers or
    28  retail dealers from selling their existing inventory of
    29  cigarettes on or after the effective date of this section, if
    30  the wholesale dealer or retail dealer can establish that State
    20070H1612B3392                 - 15 -     

     1  tax stamps were affixed to the cigarettes prior to the effective
     2  date of this section, and if the wholesale dealer or retail
     3  dealer can establish that the inventory was purchased prior to
     4  the effective date of this section, in comparable quantity to
     5  the inventory purchased during the same period of the prior
     6  year.
     7     (B)  LIMITATION.--NOTWITHSTANDING SUBSECTION (A), A WHOLESALE  <--
     8  DEALER OR RETAIL DEALER MAY NOT SELL OR OFFER FOR SALE A
     9  CIGARETTE IN THIS COMMONWEALTH THAT DOES NOT COMPLY WITH THIS
    10  ACT AFTER JULY 1, 2009.
    11  Section 10.  Manufacturer sale to other states or foreign
    12                 countries.
    13     Nothing in this act shall be construed to prohibit any person
    14  or entity from manufacturing or selling cigarettes that do not
    15  meet the requirements of section 4(a)(1) 4(A) if the cigarettes   <--
    16  are or will be stamped for sale in another state or are packaged
    17  for sale outside the United States and has taken reasonable
    18  steps to ensure that such cigarettes will not be sold or offered
    19  for sale to persons located in this Commonwealth.
    20  Section 11.  Effect of Federal regulations.
    21     This act shall be preempted if a Federal reduced cigarette
    22  ignition propensity standard is adopted and becomes effective.
    23  Section 20.  Effective date.
    24     This act shall take effect January 1, 2009.                    <--
    25     THIS ACT SHALL TAKE EFFECT AS FOLLOWS:                         <--
    26         (1)  THE FOLLOWING PROVISIONS OF THIS ACT SHALL TAKE
    27     EFFECT IMMEDIATELY:
    28             (I)  SECTION 7(B), (C) AND (D).
    29             (II)  THIS SECTION.
    30         (2)  THE REMAINDER OF THIS ACT SHALL TAKE EFFECT JANUARY
    20070H1612B3392                 - 16 -     

     1     1, 2009.




















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