PRINTER'S NO. 2233
No. 1862 Session of 1991
INTRODUCED BY VEON, McNALLY, BATTISTO, KOSINSKI, McHALE,
BROUJOS, PISTELLA, BELARDI, FAJT, KUKOVICH, DERMODY,
KRUSZEWSKI AND JOSEPHS, JULY 2, 1991
REFERRED TO COMMITTEE ON BUSINESS AND COMMERCE, JULY 2, 1991
AN ACT
1 Amending the act of April 27, 1927 (P.L.465, No.299), entitled,
2 as amended, "An act to provide for the safety of persons
3 employed, housed, or assembled in certain buildings and
4 structures by requiring certain construction and ways of
5 egress, equipment, and maintenance; providing for the
6 licensing of projectionists, except in cities of the first
7 class and second class; requiring the submission of plans for
8 examination and approval; providing for the promulgation of
9 rules and regulations for the enforcement of this act;
10 providing for the enforcement of this act by the Department
11 of Labor and Industry, the Department of Health, boards of
12 school directors and, in certain cases, by the chiefs of fire
13 departments in cities of the third class; providing penalties
14 for violations of the provisions of this act; and repealing
15 certain acts," providing for safety regulations regarding
16 cigarette smoking; conferring additional powers and duties on
17 the Secretary of Labor and Industry; and establishing the
18 Fire-Safe Cigarette Fund.
19 The General Assembly finds and declares that fires ignited by
20 cigarettes and little cigars cause unnecessary personal injuries
21 and death and severe loss of property. The General Assembly also
22 finds and declares that prohibiting the sale of cigarettes and
23 little cigars that do not meet certain fire safety standards
24 will reduce fires ignited by cigarettes and little cigars.
25 The General Assembly of the Commonwealth of Pennsylvania
1 hereby enacts as follows:
2 Section 1. The act of April 27, 1927 (P.L.465, No.299),
3 referred to as the Fire and Panic Act, is amended by adding a
4 section to read:
5 Section 10.2. Cigarette Fire Safety.--(a) The purpose of
6 this section is to authorize the regulation of cigarette smoking
7 to ensure safety.
8 (b) As used in this section, the following words and phrases
9 shall have the meanings given to them in this subsection:
10 "Cigarettes" means a roll of tobacco that may be used for
11 smoking and:
12 (1) that is wrapped in paper or other substance not
13 containing tobacco; or
14 (2) that is wrapped in a substance containing tobacco and
15 that, because of its appearance, the type of tobacco used in the
16 filler, or its packing and labeling, is likely to be offered to,
17 or purchased by, consumers as a cigarette; and
18 (3) the package of which is required to bear a Surgeon
19 General's warning under section 4 of the Federal Cigarette
20 Labeling and Advertising Act (Public Law 89-92, 15 U.S.C. §
21 1333).
22 "Little cigar" means a roll of tobacco that may be used for
23 smoking that is wrapped in leaf tobacco or a substance
24 containing tobacco and that has a weight of not more than three
25 (3) pounds for one thousand (1,000) units.
26 "Secretary" means the Secretary of Labor and Industry of the
27 Commonwealth.
28 (c) The secretary shall adopt rules specifying fire safety
29 standards for cigarettes and little cigars. The secretary may
30 enter into a contract with another entity to develop an
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1 appropriate standard. The secretary shall adopt rules under this
2 subsection by January 1, 1993. A standard adopted by the
3 secretary under this subsection may be reconsidered if a Federal
4 standard is adopted:
5 (1) A cigarette or little cigar may be exempt from
6 compliance with these standards if the manufacturer can
7 demonstrate to the secretary that it is technically not feasible
8 to comply with the standards without exceeding the toxicity of
9 existing commercially available cigarettes.
10 (2) The secretary shall certify which brands of cigarettes
11 and little cigars meet the standards and shall convey the
12 information to the Secretary of Revenue.
13 (3) Cigarettes and little cigars not meeting the fire safety
14 standards promulgated under this subsection may not be sold in
15 this Commonwealth.
16 (4) Cigarettes and little cigars not meeting the standards
17 promulgated under this subsection may not receive the tax stamp
18 necessary for cigarette sales in this Commonwealth.
19 (d) A person who violates the safety standards adopted under
20 subsection (c) commits a summary offense.
21 Section 2. An excise tax of 1/20 of 1¢ per cigarette for a
22 period of one year is hereby imposed and assessed upon the sale
23 and possession of cigarettes in the same manner as, and in
24 addition to, taxes imposed under section 1206 of the act of
25 March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of
26 1971. The moneys raised from this additional excise tax shall be
27 paid into a restricted account in the Treasury Department, to be
28 known as the Fire-Safe Cigarette Fund. The Secretary of Labor
29 and Industry shall be able to draw on those moneys deposited
30 into the fund to establish the criteria and promulgate
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1 regulations necessary for the enforcement of this act.
2 Section 3. This act shall take effect in 60 days.
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