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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

New York State's Cigarette Fire Safety Program Presentation 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