HEALTH AND SAFETY
CHAPTER 89
REDUCED CIGARETTE IGNITION PROPENSITY
39-8904.Certification and product change. (1) Each manufacturer shall submit to the state fire marshal a written
certification attesting that:
(a) Each
cigarette listed in the certification has been tested in accordance
with section 39-8903, Idaho
Code; and (b) Each
cigarette listed in the certification meets the performance standard
set forth in section 39-8903, Idaho
Code. (2) Each
cigarette listed in the certification shall be described with the
following information:
(a) Brand,
or trade name on the package;
(b) Style,
such as light or ultra light;
(c) Length
in millimeters;
(d) Circumference
in millimeters;
(e) Flavor,
such as menthol or chocolate, if applicable;
(f) Filter
or nonfilter;
(g) Package
description, such as soft pack or box;
(h) Marking
pursuant to section 39-8905, Idaho
Code; (i) The
name, address and telephone number of the laboratory, if different
than the manufacturer that conducted the test; and
(j) The
date that the testing occurred.
(3) The
certifications shall be made available to the attorney general for
purposes consistent with this chapter and the state tax commission
for purposes of ensuring compliance with this section.
(4) Each
cigarette certified under this section shall be recertified every
three (3) years.
(5) For
each brand family listed in a certification, a manufacturer shall
pay to the state fire marshal a one thousand dollar ($1000) fee. The
fee paid shall apply to all cigarettes within the brand family certified
and shall include any new cigarette certified within the brand family
during the three (3) year certification period.
(6) All
moneys collected as certification fees submitted by manufacturers
shall be deposited in the state treasury to the credit of a special
account in the state operating fund hereby created to be known as
the "Reduced Cigarette Ignition Propensity and Firefighter Protection
Act Enforcement Fund." The fund shall, in addition to any other
moneys made available for that purpose, be available to the state
fire marshal solely to support processing, testing, enforcement and
oversight activities under this chapter.
(7) If a
manufacturer has certified a cigarette pursuant to this section, and
thereafter makes any change to the cigarette that is likely to alter
its compliance with the reduced cigarette ignition propensity standards
required in this chapter, that cigarette shall not be sold or offered
for sale in this state until the manufacturer retests the cigarette
in accordance with the testing standards set forth in section 39-8903, Idaho
Code, and maintains records of that retesting as required by section 39-8903, Idaho
Code. Any altered cigarette which does not meet the performance standard
set forth in section 39-8903, Idaho
Code, may not be sold in this state.