Oklahoma § 74-326.4 - Written certification of testing and performance –

§ 74-326.4. Written certification of testing and performance –

Oklahoma Fire Safe Cigarette directory – Recertification – Fee –

Enforcement fund – Altered cigarettes.

A. Each manufacturer shall submit to the State Fire Marshal a

written certification attesting that:

1. Each cigarette listed in the certification has been tested

in accordance with Section 3 of this act; and

2. Each cigarette listed in the certification meets the

performance standard set forth in Section 3 of this act.

B. Each cigarette listed in the certification shall be

described with the following information:

1. Brand, or trade name on the package;

2. Style, such as lights, ultralights, or low tar;

3. Length in millimeters;

4. Circumference in millimeters;

5. Flavor, such as menthol or chocolate, if applicable;

6. Filter or nonfilter;

7. Package description, such as soft pack or box;

8. Marking pursuant to Section 5 of this act;

Oklahoma Statutes - Title 74. State Government

9. The name, address and telephone number of the laboratory, if

different than the manufacturer that conducted the test; and

10. The date that the testing occurred.

C. The certifications shall be made available to the Attorney

General for purposes consistent with this act and the Tax Commission

for the purposes of ensuring compliance with this section. No later

than January 31, 2009, the Office of the Oklahoma State Fire Marshal

shall develop and make available for public inspection, on its web

site and in such other forms as the State Fire Marshal deems

appropriate, an Oklahoma Fire Safe Cigarette directory of all

certified cigarettes under this act. The State Fire Marshal’s

directory shall be provided to the Attorney General no later than

January 31, 2009. The State Fire Marshal shall update the directory

as necessary to keep the directory current and in conformity with

the requirements of this act and shall provide all updates to the

Attorney General. The directory shall also include a list of

cigarettes exempted pursuant to paragraph 3 of subsection H of

Section 3 of this act. A wholesale or retail dealer shall consider

any cigarette listed on the State Fire Marshal’s web site to be

lawful to sell in this state for purposes of the wholesale or retail

dealer’s compliance with this act, unless the wholesale or retail

dealer has actual knowledge that the cigarette does not comply.

D. Each cigarette certified under this section shall be

recertified every three (3) years. Initial cigarette certifications

may be made at any time.

E. At the time it submits a written certification under this

section, a manufacturer shall pay to the State Fire Marshal a fee of

One Thousand Dollars ($1,000.00) for each brand family of cigarettes

listed in the certification. The fee paid shall apply to all

cigarettes within the brand family certified, and shall include any

new cigarette certified within the brand family during the threeyear certification period.

F. There is established in the State Treasury a separate,

nonlapsing fund to be known as the “Fire Safety Standard and

Firefighter Protection Act Enforcement Fund”. The fund shall

consist of all certification fees submitted by manufacturers, and

shall, in addition to any other monies made available for such

purpose, be available to the State Fire Marshal solely to support

processing, testing, enforcement and oversight activities under this

act.

G. If a manufacturer has certified a cigarette pursuant to this

section, and thereafter makes any change to such cigarette that is

likely to alter its compliance with the reduced cigarette ignition

propensity standards required by this act, that cigarette shall not

be sold or offered for sale in this state until the manufacturer

retests the cigarette in accordance with the testing standards set

forth in Section 3 of this act and maintains records of that

Oklahoma Statutes - Title 74. State Government

retesting as required by Section 3 of this act. Any altered

cigarette which does not meet the performance standard set forth in

Section 3 of this act may not be sold in this state.

Added by Laws 2008, c. 155, § 4, eff. Jan. 1, 2009.