US Lawyer Database

Section 34-49-18 – Cigarette fire safety standard act fund created.

34-49-18. Cigarette fire safety standard act fund created. There is hereby established in the state treasury a special fund to be known as the cigarette fire safety standard act fund. The fund shall consist of all certification fees paid under this chapter and all moneys recovered as penalties under this chapter. The moneys shall be […]

Section 34-49-19 – Out-of-state sales permitted.

34-49-19. Out-of-state sales permitted. Nothing in this chapter prohibits any person or entity from manufacturing or selling cigarettes that do not meet the requirements of §§34-49-2 to 34-49-7, inclusive, if the cigarettes are or will be stamped for sale in another state or are packaged for sale outside the United States and that person or […]

Section 34-49-6 – Subsequent ASTM Standard Test Method.

34-49-6. Subsequent ASTM Standard Test Method. The state fire marshal 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 […]

Section 34-49-7 – Sale of cigarettes for purpose of consumer testing not prohibited.

34-49-7. Sale of cigarettes for purpose of consumer testing not prohibited. The requirements of §34-49-2 do not prohibit the sale of cigarettes solely for the purpose of consumer testing. For purposes of this section, the term, consumer testing, means an assessment of cigarettes that is conducted by a manufacturer or under the control and direction […]

Section 34-49-8 – Certification of testing and compliance with performance standard–Contents.

34-49-8. Certification of testing and compliance with performance standard–Contents. Each manufacturer shall submit to the state fire marshal a written certification attesting that each cigarette listed in the certification has been tested in accordance with this chapter and meets the performance standard set forth in this chapter. Each cigarette listed in the certification shall be […]

Section 34-49-9 – Cigarette package marking requirements.

34-49-9. Cigarette package marking requirements. Cigarettes that are certified by a manufacturer in accordance with this chapter shall be marked to indicate compliance with the requirements of this chapter. The marking shall be in eight point type or larger and consist of the letters, FSC, which signifies Fire Standard Compliant, permanently printed, stamped, engraved, or […]

Section 34-49-10 – Civil penalties for sales or offers for sale of cigarettes by manufacturers, distributors, or wholesalers in violation of requirements.

34-49-10. Civil penalties for sales or offers for sale of cigarettes by manufacturers, distributors, or wholesalers in violation of requirements. A manufacturer, distributor, wholesaler, or any other person or entity who knowingly sells or offers to sell cigarettes, other than through retail sale, in violation of §§34-49-2 to 34-49-7, inclusive, is subject to a civil […]

Section 34-49-1 – Definition of terms.

34-49-1. Definition of terms. Terms used in this chapter mean: (1)”Brand family,” all styles of cigarettes sold under the same trademark and differentiated from one another by means of additional modifiers or descriptors, including, but not limited to, menthol, lights, kings, and 100s. “Brand family” includes cigarettes sold under a brand name, whether that name […]

Section 34-49-2 – Sale or offer for sale of cigarettes prohibited without required testing, compliance with performance standard, certification, and marking.

34-49-2. Sale or offer for sale of cigarettes prohibited without required testing, compliance with performance standard, certification, and marking. Except as provided in §34-49-7, no cigarettes may be sold or offered for sale in this state or offered for sale or sold to persons located in this state unless the cigarettes have been tested in […]