Vermont § 2757 - Cigarettes; reduced ignition propensity

§ 2757. Cigarettes; reduced ignition propensity

• (a) As used in this section: (1) “Cigarette” means any product that contains any amount of nicotine, irrespective of
  size, shape, or presence of other ingredients, and 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, other than tobacco, and because of its appearance,
  the type of tobacco used, and its packaging or labeling is offered to or purchased
  by consumers as a cigarette. (2) “Manufacturer” means any person or a successor that manufactures or produces cigarettes
  or causes cigarettes to be manufactured or produced, whether in-state or out-of-state,
  and intends to sell the cigarettes in Vermont directly or through an importer, including
  any first purchaser that intends to resell cigarettes. (3) “Quality control and quality assurance program” means laboratory procedures implemented
  to ensure that operator bias, systematic and nonsystematic methodological errors,
  and equipment-related problems do not affect the results of the testing and to ensure
  that the testing repeatability remains within the required repeatability value for
  any test trial used to certify cigarettes under this section. (4) “Repeatability” means the range of values within which the repeat results of cigarette
  test trials from a single laboratory will fall 95 percent of the time. (5) “Retail dealer” means any person other than a wholesale dealer engaged in the sale
  of cigarettes or tobacco products. (6) “Sale” or “selling” means any transfer of title or possession, exchange or barter,
  conditional or otherwise, and includes the giving of cigarettes as samples, prizes,
  or gifts and the exchange of cigarettes for any consideration. (7) [Repealed.] (8) “Wholesale dealer” means any person that sells cigarettes or tobacco products to retail
  dealers or other persons for resale, and includes the dealer’s agent. (b) No cigarettes may be manufactured in this State or sold or offered for sale to any
  person in this State unless the cigarettes have been tested in accordance with the
  test method and meet the performance standard specified in this subsection, and the
  manufacturer has filed a written certification with the Commissioner in accordance
  with subsection (c) of this section. The performance standard for cigarettes sold
  or offered for sale in Vermont includes all the following: (1) Testing of cigarettes shall be conducted in accordance with the American Society of
  Testing and Materials (ASTM) standard E2187-04 “Standard Test Method for Measuring
  the Ignition Strength of Cigarettes.” The Commissioner may adopt a subsequent ASTM
  Standard Test Method for Measuring the Ignition Strength of Cigarettes upon a finding
  that the subsequent method does not result in a change in the percentage of full-length
  burns exhibited by any tested cigarette when compared to the percentage of full-length
  burns the same cigarette would exhibit when tested in accordance with ASTM Standard
  E2187-04 and the performance standard of this subsection. (2) Testing of cigarettes shall be conducted on ten layers of filter paper. (3) No more than 25 percent of the cigarettes tested in a test trial shall exhibit full-length
  burns. Forty replicate tests shall comprise a complete test trial for each cigarette
  tested. (4) The performance standard required by this subsection shall only be applied to a complete
  test trial. (5) Laboratories that conduct tests in accordance with this subsection (b) shall implement
  a quality control and quality assurance program that includes a procedure to determine
  the repeatability of the testing results. The repeatability value shall be no greater
  than 0.19. (6) Each cigarette listed in a certification that uses lowered permeability bands in the
  cigarette paper to achieve compliance with the performance standard in this subsection
  shall have at least two nominally identical bands on the paper surrounding the tobacco
  column. At least one complete band shall be located at least 15 millimeters from the
  lighting end of the cigarette. For cigarettes on which the bands are positioned by
  design, there shall be at least two bands located at least 15 millimeters from the
  lighting end and ten millimeters from the filter end of the tobacco column. In the
  case of an unfiltered cigarette, the two complete bands shall be located at least
  15 millimeters from the lighting end and ten millimeters from the labeled end of the
  tobacco column. (7) The manufacturer of a cigarette that the Commissioner determines cannot be tested
  in accordance with the test method required by this subsection shall propose to the
  Commissioner a test method and performance standard for that cigarette. The Commissioner
  may approve a test method and performance standard that the Commissioner determines
  is equivalent to the requirement of this subsection, and the manufacturer may use
  that test method and performance standard for certification pursuant to subsection
  (c) of this section. (8) A manufacturer shall retain all data from testing conducted under this section for
  a period of three years. The manufacturer shall provide that data to the Commissioner
  and the Attorney General upon request in order to ensure compliance with the performance
  standard required by this subsection. (c) Each manufacturer shall submit to the Commissioner written certification attesting
  that each cigarette has been tested in accordance with and has met the performance
  standard required under subsection (b) of this section. The description of each cigarette
  listed in the certification shall include the brand; style; length in millimeters;
  circumference in millimeters; flavor, if applicable; filter or nonfilter; package
  description, such as a soft pack or box; and the mark approved pursuant to subsection
  (d) of this section. Upon request, this certification shall be made available to the
  Attorney General and Department of Liquor and Lottery. Each cigarette certified under
  this subsection shall be recertified every three years. For the certification or recertification
  of each brand style, the fee shall be $1,000.00. The fees shall be paid into the Fire
  Prevention and Building Inspection Special Fund established in section 2738 of this title. (d) Cigarettes that have been certified pursuant to subsection (c) of this section shall
  be marked pursuant to the following requirements: (1) The marking shall be in a font of at least eight-point type and shall include one
  of the following: (A) Modification of the product UPC Code to include a visible mark printed at or around
  the area of the UPC Code. The mark may consist of one or more alphanumeric or symbolic
  characters permanently stamped, engraved, embossed, or printed in conjunction with
  the UPC Code. (B) Any visible combination of alphanumeric or symbolic characters permanently printed,
  stamped, engraved, or embossed on the cigarette package or the cellophane wrap. (C) Printed, stamped, engraved, or embossed text that indicates that the cigarettes meet
  the standards of this section. (2) A manufacturer shall request approval of a proposed marking from the Commissioner.
  Any marking approved and in use for the sale of cigarettes in the State of New York
  shall be approved unless the Commissioner determines that the New York Fire Safety
  Standards for Cigarettes have changed significantly since those standards were effective
  on June 28, 2004. A marking shall be deemed approved if the Commissioner fails to
  act within 10 business days of receiving a request for approval. A manufacturer shall
  not use a modified marking unless the modification has been approved in accordance
  with this subdivision. A manufacturer shall use only one marking on all brands that
  the manufacturer markets. A marking or modified marking approved by the Commissioner
  shall be applied uniformly on all brands marketed and on all packages, including packs,
  cartons, and cases marketed by that manufacturer. (e) A manufacturer shall provide a copy of certifications to all licensed wholesale dealers
  to which the manufacturer sells cigarettes and shall provide sufficient copies of
  an illustration of the packaging marking approved and used by the manufacturer pursuant
  to subsection (d) of this section for each of the retail dealers that purchases cigarettes
  from any of those licensed wholesale dealers. Licensed wholesale dealers shall provide
  a copy of the illustration to all retail dealers to which they sell cigarettes. Licensed
  wholesale dealers and retail dealers shall permit the Commissioner of Public Safety
  or the Commissioner of Liquor and Lottery or their designees to inspect markings on
  cigarette packaging at any time. (f) The Commissioner: (1) may adopt rules necessary to implement and administer this section; (2) in consultation with the Commissioner of Liquor and Lottery, may adopt rules regarding
  the conduct of random inspections of licensed wholesale dealers, importers, and retail
  dealers to ensure compliance with this section; and (3) shall ensure that the implementation and substance of this section is in accordance
  with the implementation and substance of the New York Fire Safety Standards for Cigarettes. (g) The following civil penalties may be assessed: (1) Against a manufacturer, wholesale dealer, unlicensed retailer, or any other person
  that knowingly sells cigarettes, except by licensed retail sales, in violation of
  subsection (b) of this section a civil penalty not to exceed $10,000.00 for each sale. (2) Against a manufacturer that knowingly makes a false certification pursuant to subsection
  (c) of this section a civil penalty not to exceed $10,000.00 for each false certification. (3) Against a licensed retail dealer that knowingly sells or offers for sale cigarettes
  in violation of subsection (b) of this section a civil penalty not to exceed $500.00
  for each sale or offer of sale of 1,000 cigarettes or fewer. (4) Against a licensed retail dealer that knowingly sells or offers for sale cigarettes
  in violation of subsection (b) of this section a civil penalty not to exceed $1,000.00
  for each sale or offer of sale of more than 1,000 cigarettes. (5) Against any other person that violates any provision of this section a civil penalty
  not to exceed $1,000.00 for each violation. Any cigarettes sold or offered for sale
  that do not comply with the safety standard required by subsection (b) of this section
  shall be deemed to be contraband and subject to the provisions of 7 V.S.A. § 1009. (h) In addition to any other remedy provided by law, the Attorney General may file an
  action in Superior Court for a violation of this section, including petitioning for
  injunctive relief, recovery of costs or damages suffered by the State as the result
  of a violation of this section, including enforcement costs relating to the specific
  violation and attorney’s fees. In any such action, the Attorney General shall have
  the same authority to investigate and obtain remedies, except civil penalties under
  subsection (g) of this section, as if the action were brought pursuant to the Consumer
  Protection Act, 9 V.S.A. chapter 63. Each violation of this section or of any rule adopted under this section shall constitute
  a separate civil violation for which the Attorney General may obtain relief. (Added 2005, No. 68, § 1, eff. May 1, 2006; amended 2009, No. 134 (Adj. Sess.), § 3; 2011, No. 109 (Adj. Sess.), § 3, eff. May 8, 2012; 2011, No. 136 (Adj. Sess.), § 1b, eff. May 18, 2012; 2019, No. 73, § 33; 2021, No. 105 (Adj. Sess.), § 392, eff. July 1, 2022.)