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New York State's Cigarette Fire Safety Program
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New York State's Cigarette Fire Safety Program

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Paul Martin, Chief of Fire Prevention for the New York Office of Fire Prevention & Control, talks about his state's experience with fire-safe cigarettes. New York State was the first in the nation to …

Paul Martin, Chief of Fire Prevention for the New York Office of Fire Prevention & Control, talks about his state's experience with fire-safe cigarettes. New York State was the first in the nation to pass a law requiring the sale of cigarettes that have a reduced propensity to burn when left unattended.


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  • 11/13/09
  • 11/13/09
  • 11/13/09
  • 11/13/09
  • 11/13/09
  • 11/13/09
  • Transcript

    • 1.
      • New York State’s
      • Cigarette Fire Safety Program
    • 2. 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
    • 3.
      • 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
    • 4.
      • Over 1200 brand styles
      • have been certified by
      • 34 manufacturers
      • List of all certified cigarettes is posted on the OFPC web site
    • 5.
      • 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
    • 6. Cigarette Test Chambers Full Length Burn Extinguishment
    • 7.
        • 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
    • 8.
      • 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
    • 9.  
    • 10.
      • 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.
    • 11.
      • Office of Fire Prevention & Control:
      • authority to investigate fires independent of a request from local jurisdictions
      • required to test cigarettes suspected of igniting fires
    • 12.
      • 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
    • 13.
      • If a manufacturer makes any change to a cigarette that is likely to alter its compliance, the cigarette must be retested
    • 14.
      • 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
    • 15.
      • Require:
      • F S C
      • at or near the UPC code
      effective 8/16/2007
    • 16.
      • Manufacturers’ Certification
      • Penalties for false certification increased:
      • $75,000 to $250,000
      • Bar from selling cigarettes if not paid within 30 days
        • (until paid)
    • 17.
      • 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)
    • 18.
      • 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
    • 19.
      • 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
    • 20.
      • Examination of Records
      • Office of Fire Prevention & Control authorized to examine books, papers, invoices and other records
    • 21.
      • 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
    • 22.
        • Available for Fire Safety Education and Prevention programs of OFPC
      Moneys from penalties will be deposited in a special: “ Cigarette Fire Safety Act Fund”
    • 23.
      • Seizure
      • Office of Fire Prevention & Control Peace Officers
      • Dept. of Taxation & Finance Police Officers
        • Due Process - - Administrative Hearings
        • Seized cigarettes to be destroyed
    • 24.
      • 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
    • 25.
      • Random Sampling
      • Sampling Plan
        • Covers all certified brand styles
      • Procurement of samples on open market
        • Undercover
        • Cash
        • Evidence quality documentation
    • 26. (8/1/09 ) * * Data still being validated
    • 27.
      • 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