Bill As Introduceds.40

BILL AS INTRODUCEDS.40

2005Page 1

S.40

Introduced by Senator Lyonsof Chittenden District,Senator Leddy of Chittenden District, Senator Condos of Chittenden District and Senator Flanagan of Chittenden District

Referred to Committee on

Date:

Subject:Health; tobacco; fire-safe cigarettes

Statement of purpose: This bill proposes to require that all cigarettes sold in Vermont be fire-safe.

AN ACT RELATING TO FIRE-SAFE CIGARETTES

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1. 20 V.S.A. § 2753 is added to read:

§ 2753. FIRE SAFETY AND CIGARETTES

(a) For the purposes of this section:

(1) “Cigarette” means any product that includes any amount of nicotine, irrespective of size or shape or presence of otheringredients, that is intended to be burned or heated under ordinary conditions of use and consists of or contains any roll of tobacco wrapped in paper or in any other substance and that because of its appearance, the type of tobacco used, its packaging, or labeling, is likely to be offered to or purchased by consumers as a cigarette.

(2) “Manufacturer” means any entity that manufactures or otherwise produces cigarettes or causes cigarettes to be manufactured or produced and intends to sell the cigarettes in Vermont directly or through an importer or the first purchaser anywhere that intends to resell cigarettes.

(b) No cigarettes may be offered for sale or manufactured in this state unless they comply with fire safety standards based on rules adopted by the commissioner of public safety. The safety standards shall:

(1) Include a cigarette fire safety performance standard that substantially limits the risk that a cigarette will ignite upholstered furniture or mattresses.

(2) Employ the “Cigarette Extinction Test Method” as published in Special Publication 85 of the National Institute of Standards and Technology, U.S. Department of Commerce.

(c) Any person engaged in the manufacture of cigarettes shall submit to the commissioner prior to the importation of any cigarettes into the state written certification stating that the manufactured product meets the performance standards required under subsection (a) of this section. A person who violates this subsection shall be fined not more than $2,000.00 for each importation that lacks the required certification.

(d) Any person who manufactures, offers for sale, or sells cigarettes that do not comply with the safety standards required by subsection (a) of this section may be fined no more than $10,000.00 for each violation.

Sec. 2. EFFECTIVE DATE

This act shall take effect on passage, except that the rules regarding firesafe cigarettes shall be adopted by July 1, 2006, and the requirement that only firesafe cigarettes may be sold in Vermont in 20 V.S.A. § 2753(a) shall not be enforced until September 1, 2006.