THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY STEVENSON, SOLOBAY, P. COSTA, DALLY, ELLIS, FAIRCHILD, GABLER, GRELL, HARHART, HORNAMAN, HUTCHINSON, KILLION, MARSHALL, MARSICO, MILLARD, MOUL, MURT, MUSTIO, O'NEILL, PASHINSKI, PICKETT, REED, REICHLEY, ROSS, SIPTROTH AND VULAKOVICH, APRIL 23, 2009

AS REPORTED FROM COMMITTEE ON CONSUMER AFFAIRS, HOUSE OF REPRESENTATIVES, AS AMENDED, MAY 7, 2009   

AN ACT

Amending the act of July 4, 2008 (P.L.518, No.42), entitled "An

act providing for testing standards for cigarette fire

safety, for certification of compliance by manufacturers, for

package markings and for enforcement and penalties;

establishing special funds; and providing for sale of

existing inventory, for manufacturers' sale to other states

or foreign countries and for regulations and preemptions,"

further providing for standards for cigarette fire safety and

for sale of existing inventory.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 4(a) and 9 of the act of July 4, 2008

(P.L.518, No.42), known as the Cigarette Fire Safety and

Firefighter Protection Act, are amended to read:

Section 4.  Standards for cigarette fire safety.

(a)  Testing.--Except as provided under subsection (g), no

cigarettes may be sold or offered for sale in this Commonwealth

or offered for sale or sold to persons located in this

Commonwealth unless the cigarettes:

(1)  have been tested in accordance with the test method

and meet the performance standard specified in this section,

a written certification has been filed by the manufacturer

with the department in accordance with section 5 and the

cigarettes have been marked in accordance with section 6; or

(2)  are included in existing inventories that satisfy

the conditions in section 9(a)(1) and (2).

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Section 9.  Sale of existing inventory.

[(a)  Existing inventory.--]The requirement that only

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cigarettes certified as compliant with the performance standard

in this act may be sold shall not prohibit wholesale dealers or

retail dealers from selling their existing inventory of

cigarettes on or after the effective date of this section if

both of the following conditions are satisfied:

(1)  The wholesale dealer or retail dealer can establish

that State tax stamps were affixed to the cigarettes prior to

the effective date of this section [and if the].

(2)  The wholesale dealer or retail dealer can establish

that the inventory was purchased prior to the effective date

of this section, in comparable quantity to the inventory

purchased during the same period of the prior year.

[(b)  Limitation.--Notwithstanding subsection (a), a

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wholesale dealer or retail dealer may not sell or offer for sale

a cigarette in this Commonwealth that does not comply with this

act after July 1, 2009 2010.]

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Section 2.  This act shall take effect in 60 days or June 30,

2009, whichever occurs first.