New York State’s Cigarette Fire Safety Program

New York State’s

Cigarette Fire Safety Program

Chapter 284, Laws of 2000 OFPC to promulgate fire safety standards for cigarettes Will stop burning within a specified time period O R Meet performance standards to limit risk of igniting upholstered furniture, mattresses or household furnishings

Will stop burning within a specified time period

O R

Meet performance standards to limit risk of igniting upholstered furniture, mattresses or household furnishings

General Requirements: On and after June 28, 2004 no cigarettes could be sold unless - cigarettes have been tested cigarettes meet the performance standard written certification has been submitted by the manufacturer to OFPC and the Attorney General

General Requirements:

On and after June 28, 2004 no cigarettes could be sold unless -

cigarettes have been tested

cigarettes meet the performance standard

written certification has been submitted by the manufacturer to OFPC and the Attorney General

Over 1200 brand styles have been certified by 34 manufacturers List of all certified cigarettes is posted on the OFPC web site

Over 1200 brand styles

have been certified by

34 manufacturers

List of all certified cigarettes is posted on the OFPC web site

Test Method: American Society for Testing and Materials Standard E2187-02b – Standard Test Method for Measuring the Ignition Strength of Cigarettes as modified by Appendix A of the rule Testing shall be conducted on 10 layers of filter paper 40 replicate tests shall comprise a test trial Performance standard shall only be applied to a complete test trial

Test Method:

American Society for Testing and Materials Standard E2187-02b – Standard Test Method for Measuring the Ignition Strength of Cigarettes as modified by Appendix A of the rule

Testing shall be conducted on 10 layers of filter paper

40 replicate tests shall comprise a test trial

Performance standard shall only be applied to a complete test trial

Cigarette Test Chambers Full Length Burn Extinguishment

Reporting and investigation of cigarette caused fires Testing and certification of cigarettes Uniform package marking requirements Affixing tax stamps Expanded enforcement and penalty provisions Chapter 583, Laws of 2006 Executive Law § 156-c Tax Law § 280-b

Reporting and investigation of cigarette caused fires

Testing and certification of cigarettes

Uniform package marking requirements

Affixing tax stamps

Expanded enforcement and penalty provisions

Fire Departments & Fire Investigation Units : Must report all suspected cigarette fires Within 14 days of completing investigation Must provide information as to: brand and style marked as compliant location and manner of purchase

Fire Departments & Fire Investigation Units :

Must report all suspected cigarette fires

Within 14 days of completing investigation

Must provide information as to:

brand and style

marked as compliant

location and manner of purchase

Fire Departments Greater participation QA/QC NFIRS Coding 60 Heat from open flame or smoking materials, other. 61 Cigarette. 63 Heat from undetermined smoking material.

Fire Departments

Greater participation

QA/QC

NFIRS

Coding

60 Heat from open flame or smoking materials, other.

61 Cigarette.

63 Heat from undetermined smoking material.

Office of Fire Prevention & Control: authority to investigate fires independent of a request from local jurisdictions required to test cigarettes suspected of igniting fires

Office of Fire Prevention & Control:

authority to investigate fires independent of a request from local jurisdictions

required to test cigarettes suspected of igniting fires

Laboratories must be accredited pursuant to ISO Standard 17025 – “ General Requirements for the Competence of Testing and Calibration Laboratories ” or other comparable standard prescribed by the Office of Fire Prevention & Control

Laboratories must be accredited pursuant to ISO Standard 17025 –

“ General Requirements for the Competence of Testing and Calibration Laboratories ”

or

other comparable standard prescribed by

the Office of Fire Prevention & Control

If a manufacturer makes any change to a cigarette that is likely to alter its compliance, the cigarette must be retested

If a manufacturer makes any change to a cigarette that is likely to alter its compliance, the cigarette must be retested

Certifications submitted by manufacturers must contain: Identification of the laboratory Notarized statement from officer or director of laboratory certifying that cigarettes tested meet the fire safety standard

Certifications submitted by manufacturers must contain:

Identification of the laboratory

Notarized statement from officer or director of laboratory certifying that cigarettes tested meet the fire safety standard

Require: F S C at or near the UPC code effective 8/16/2007

Require:

F S C

at or near the UPC code

Manufacturers’ Certification Penalties for false certification increased: $75,000 to $250,000 Bar from selling cigarettes if not paid within 30 days (until paid)

Manufacturers’ Certification

Penalties for false certification increased:

$75,000 to $250,000

Bar from selling cigarettes if not paid within 30 days

(until paid)

Manufacturers’ Test Reports Failure to provide within 60 days when requested : $10,000 fine per day (after 60 th day) Bar from selling cigarettes (until provided)

Manufacturers’ Test Reports

Failure to provide within 60 days when requested :

$10,000 fine per day

(after 60 th day)

Bar from selling cigarettes

(until provided)

Penalties for Sale Revised to $100 per pack Maximum $100,000 during any 30 day period for wholesale dealers and stamping agents Maximum $25,000 during any 30 day period for retail dealers

Penalties for Sale

Revised to $100 per pack

Maximum $100,000 during any 30 day period for wholesale dealers and stamping agents

Maximum $25,000 during any 30 day period for retail dealers

Penalties for Sale - Repeat Violators 3 or more violations within 3 year period 6 month suspension of license or registration Wholesale dealers, cigarette stamping agents and retail dealers

Penalties for Sale - Repeat Violators

3 or more violations within 3 year period

6 month suspension of license or registration

Wholesale dealers, cigarette stamping agents and retail dealers

Examination of Records Office of Fire Prevention & Control authorized to examine books, papers, invoices and other records

Examination of Records

Office of Fire Prevention & Control authorized to examine books, papers, invoices and other records

Assessment of Penalties OFPC and T&F authorized to impose civil penalties and suspensions provided for Public health officers also authorized to impose penalties on retail dealers

Assessment of Penalties

OFPC and T&F authorized to impose civil penalties and suspensions provided for

Public health officers also authorized to impose penalties on retail dealers

Available for Fire Safety Education and Prevention programs of OFPC Moneys from penalties will be deposited in a special: “ Cigarette Fire Safety Act Fund”

Available for Fire Safety Education and Prevention programs of OFPC

Seizure Office of Fire Prevention & Control Peace Officers Dept. of Taxation & Finance Police Officers Due Process - - Administrative Hearings Seized cigarettes to be destroyed

Seizure

Office of Fire Prevention & Control Peace Officers

Dept. of Taxation & Finance Police Officers

Due Process - - Administrative Hearings

Seized cigarettes to be destroyed

Bootleg Non-traditional points of sale Residences Street level sales Single smoke Counterfeit Packaging is virtually unidentifiable Lab testing Native American sales Safety vs. taxation

Bootleg

Non-traditional points of sale

Residences

Street level sales

Single smoke

Counterfeit

Packaging is virtually unidentifiable

Lab testing

Native American sales

Safety vs. taxation

Random Sampling Sampling Plan Covers all certified brand styles Procurement of samples on open market Undercover Cash Evidence quality documentation

Random Sampling

Sampling Plan

Covers all certified brand styles

Procurement of samples on open market

Undercover

Cash

Evidence quality documentation

(8/1/09 ) * * Data still being validated

For more information Office of Fire Prevention & Control Bureau of Fire Prevention 518-474-6746 [email_address] http://www.dos.state.ny.us/fire/cigarette.htm

For more information

Office of Fire Prevention & Control

Bureau of Fire Prevention

518-474-6746

[email_address]

http://www.dos.state.ny.us/fire/cigarette.htm