CHAPTER 7. REDUCED IGNITION PROPENSITY STANDARDS FOR CIGARETTES
IC 22-14-7
Chapter 7. Reduced Ignition Propensity Standards for Cigarettes
IC 22-14-7-0.5
Application date
Sec. 0.5. Sections 1 through 28 of this chapter apply beginning
July 1, 2009.
As added by P.L.82-2008, SEC.1.
IC 22-14-7-1
"Agent"
Sec. 1. As used in this chapter, "agent" means a person authorized
by the department of state revenue to purchase and affix stamps (as
defined by IC 6-7-1-9) on packages of cigarettes.
As added by P.L.82-2008, SEC.1.
IC 22-14-7-2
"Brand family"
Sec. 2. As used in this chapter, "brand family" has the meaning set
forth in IC 24-3-5.4-1.
As added by P.L.82-2008, SEC.1.
IC 22-14-7-3
"Cigarette"
Sec. 3. As used in this chapter, "cigarette" has the meaning set
forth in IC 6-7-1-2.
As added by P.L.82-2008, SEC.1.
IC 22-14-7-4
"Manufacturer"
Sec. 4. As used in this chapter, "manufacturer" means:
(1) an entity that manufactures or produces cigarettes or causes
cigarettes to be manufactured or produced that the manufacturer
intends to be sold in Indiana, including cigarettes intended to be
sold in the United States through an importer;
(2) a first purchaser that intends to resell in the United States
cigarettes that the original manufacturer or maker does not
intend to be sold in the United States; or
(3) an entity that becomes a successor of an entity described in
subdivision (1) or (2).
As added by P.L.82-2008, SEC.1.
IC 22-14-7-5
"Quality control and quality assurance program"
Sec. 5. As used in this chapter, "quality control and quality
assurance program" means the laboratory procedures implemented
to ensure that:
(1) operator bias, systematic and nonsystematic methodological
errors, and equipment related problems do not affect the results
of the testing; and
(2) the testing repeatability remains within the required
repeatability values in section 13(f) of this chapter for all test
trials used to certify cigarettes under this chapter.
As added by P.L.82-2008, SEC.1.
IC 22-14-7-6
"Repeatability"
Sec. 6. As used in this chapter, "repeatability" means the range of
values within which the repeat results of cigarette test trials from a
single laboratory will fall ninety-five percent (95%) of the time.
As added by P.L.82-2008, SEC.1.
IC 22-14-7-7
"Retail dealer"
Sec. 7. As used in this chapter, "retail dealer" means a person,
other than a manufacturer or wholesale dealer, that sells cigarettes.
As added by P.L.82-2008, SEC.1.
IC 22-14-7-8
"Sale"
Sec. 8. As used in this chapter, "sale" means any of the following:
(1) Transfer of title or possession, or both.
(2) Exchange or barter, including conditional exchanges or
agreements.
(3) Giving cigarettes as samples, prizes, or gifts.
(4) Exchange of cigarettes for consideration other than money.
As added by P.L.82-2008, SEC.1.
IC 22-14-7-9
"Sell"
Sec. 9. As used in this chapter, "sell" means to:
(1) sell; or
(2) offer or agree to sell.
As added by P.L.82-2008, SEC.1.
IC 22-14-7-10
"UPC bar code"
Sec. 10. As used in this chapter, "UPC bar code" means the
universal product code or another product identification code that
includes:
(1) a unique symbol that consists of a machine readable code;
and
(2) numbers that are readable by an individual;
that meets the standards established by GS1 US.
As added by P.L.82-2008, SEC.1.
IC 22-14-7-11
"Wholesale dealer"
Sec. 11. As used in this chapter, "wholesale dealer" means any of
the following:
(1) A person, other than a manufacturer, that sells cigarettes to
a retail dealer or other person for purposes of resale.
(2) A person who owns, operates, or maintains a cigarette
vending machine in, at, or upon premises owned or occupied by
another person.
As added by P.L.82-2008, SEC.1.
IC 22-14-7-12
Requirements for cigarettes to be sold
Sec. 12. Except as provided in section 19 of this chapter,
cigarettes may not be sold or offered for sale in Indiana unless the
cigarettes:
(1) have been tested according to the test method and meet the
performance standard specified in section 13 or 15 of this
chapter;
(2) have been certified under section 21 of this chapter; and
(3) have been marked under section 23 of this chapter.
As added by P.L.82-2008, SEC.1.
IC 22-14-7-13
Cigarette testing
Sec. 13. (a) Testing of cigarettes must be conducted according to
the American Society of Testing and Materials (ASTM) standard
E2187-04, Standard Test Method for Measuring the Ignition Strength
of Cigarettes.
(b) Testing must be conducted on ten (10) layers of filter paper.
(c) Not more than twenty-five percent (25%) of the cigarettes
tested in a test trial under this section may exhibit full length burns.
Forty (40) replicate tests comprise a complete test trial for each
cigarette tested.
(d) The performance standard required by this section may be
applied only to a complete test trial.
(e) Written certifications must be based upon testing conducted by
a laboratory that has been accredited under standard ISO/IEC 17025
of the International Organization for Standardization (ISO) or other
comparable accreditation standard required by the state fire marshal.
(f) Laboratories conducting testing under this section must
implement a quality control and quality assurance program that
includes a procedure that will determine the repeatability of the
testing results. The repeatability value may not be greater than
nineteen hundredths (0.19).
(g) This section does not require additional testing if cigarettes are
tested consistent with this chapter for any other purpose.
(h) Testing performed or sponsored by the state fire marshal to
determine a cigarette's compliance with the required performance
standard must be conducted according to this section.
As added by P.L.82-2008, SEC.1.
IC 22-14-7-14
Use of lower permeability bands
Sec. 14. Each cigarette listed in a certification submitted under
section 21 of this chapter that uses lowered permeability bands in the
cigarette paper to achieve compliance with the performance standard
in section 13 or 15 of this chapter must have at least two (2)
nominally identical bands on the paper surrounding the tobacco
column. At least one (1) complete band must be located at least
fifteen (15) millimeters from the lighting end of the cigarette. For
cigarettes on which the bands are positioned by design, there must be
at least two (2) bands fully located at least fifteen (15) millimeters
from the lighting end and ten (10) millimeters from the filter end of
the tobacco column, or for nonfiltered cigarettes ten (10) millimeters
from the labeled end of the tobacco column.
As added by P.L.82-2008, SEC.1.
IC 22-14-7-15
Alternative test methods and performance standards
Sec. 15. (a) A manufacturer of a cigarette that the state fire
marshal determines cannot be tested by the test method in section
13(a) of this chapter shall propose a test method and performance
standard for the cigarette to the state fire marshal. Upon approval of
the proposed test method and a determination by the state fire
marshal that the performance standard proposed by the manufacturer
is equivalent to the performance standard in section 13(c) of this
chapter, the manufacturer may use the test method and performance
standard to certify the cigarette under section 21 of this chapter.
(b) If the state fire marshal determines that:
(1) another state has enacted reduced cigarette ignition
propensity standards that include a test method and
performance standard that are the same as those contained in
this chapter; and
(2) the officials in that state responsible for implementing those
requirements have approved the proposed alternative test
method and performance standard for a particular cigarette
proposed by a manufacturer as meeting the fire safety standards
of that state's law or rule under a legal provision comparable to
this section;
the state fire marshal shall authorize that manufacturer to use the
alternative test method and performance standard to certify that
cigarette for sale in Indiana, unless the state fire marshal
demonstrates a reasonable basis for why the alternative test should
not be accepted under this chapter. All other applicable requirements
of this chapter apply to the manufacturer.
As added by P.L.82-2008, SEC.1.
IC 22-14-7-16
Retention of records; penalty
Sec. 16. Each manufacturer shall maintain copies of the reports of
all tests conducted on all cigarettes offered for sale for a period of
three (3) years and make copies of these reports available to the state
fire marshal and the attorney general upon written request. Any
manufacturer that fails to make copies of these reports available
within sixty (60) days after receiving a written request is subject to
a civil penalty not to exceed ten thousand dollars ($10,000) for each
day after the sixty (60) days that the manufacturer does not make the
copies available.
As added by P.L.82-2008, SEC.1.
IC 22-14-7-17
Adoption of subsequent test methods
Sec. 17. The commission 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 full length burns
the same cigarette would exhibit when tested in accordance with
ASTM Standard E2187-04 and the performance standard in section
13(c) of this chapter.
As added by P.L.82-2008, SEC.1.
IC 22-14-7-18
Review and recommendations by state fire marshal
Sec. 18. (a) Beginning July 1, 2011, every three (3) years the state
fire marshal shall review the effectiveness of this chapter and issue
a report that includes the state fire marshal's findings and, if
appropriate, recommendations for legislation.
(b) The state fire marshal shall transmit a copy of the report
required under subsection (a) in an electronic format under IC 5-14-6
to the executive director of the legislative services agency for
distribution to the members of the general assembly.
As added by P.L.82-2008, SEC.1.
IC 22-14-7-19
Exemption for existing cigarettes and consumer testing
Sec. 19. The requirements of section 12 of this chapter do not
prohibit any of the following:
(1) A wholesale or retail dealer from selling the dealer's existing
inventory of cigarettes on or after July 1, 2009, if the wholesale
or retail dealer can establish that state tax stamps (as defined in
IC 6-7-1-9) were affixed to the cigarettes before the effective
date and if the wholesale or retailer dealer can establish that the
inventory was purchased before the effective date in
comparable quantity to the inventory purchased during the same
period of the prior year.
(2) The sale of cigarettes solely for the purpose of consumer
testing. For purposes of this subdivision, the term "consumer
testing" means an assessment of cigarettes that is conducted by
a manufacturer (or under the control and direction of a
manufacturer) for the purpose of evaluating consumer
acceptance of the cigarettes, using only the quantity of
cigarettes that is reasonably necessary for the assessment.
As added by P.L.82-2008, SEC.1.
IC 22-14-7-20
Implementation by state fire marshal
Sec. 20. Subject to the requirements of this chapter, the state fire
marshal shall implement this chapter in a manner to obtain
uniformity with the implementation and substance of the New York
Fire Safety Standards for Cigarettes (N.Y. Exec. Law Section 156-c).
As added by P.L.82-2008, SEC.1.
IC 22-14-7-21
Submission of certification; required information; fees; altered
cigarettes
Sec. 21. (a) Except as provided in subsection (d), each
manufacturer shall submit to the state fire marshal a written
certification attesting that:
(1) each cigarette listed in the certification has been tested as
required under section 13 or 15 of this chapter; and
(2) each cigarette listed in the certification meets the
performance standard in section 13(c) or 15 of this chapter.
(b) Each cigarette listed in the certification must include the
following information:
(1) Brand, or trade name on the package.
(2) Style, such as light or ultra light.
(3) Length in millimeters.
(4) Circumference in millimeters.
(5) Flavor, such as menthol, if applicable.
(6) Filter or nonfilter.
(7) Package description, such as soft pack or box.
(8) Marking under section 23 of this chapter.
(9) The name, address, and telephone number of the laboratory,
if different than the manufacturer that conducted the test.
(10) The date that the testing occurred.
(c) The certifications must be made available to the attorney
general for purposes consistent with this chapter and the department
of state revenue and the alcohol and tobacco commission for the
purposes of ensuring compliance with this section.
(d) Notwithstanding subsection (a), the state fire marshal may
accept as evidence of compliance with this chapter a certification
issued to:
(1) the New York State Department of State's Office of Fire
Prevention and Control; or
(2) the responsible entity of another state that has:
(A) substantially equivalent certification requirements
relating to reduced ignition propensity cigarettes; and
(B) the same test method and performance standard
requirements as provided in sections 13 and 15 of this
chapter.
(e) Each cigarette listed in a certification submitted under this
section must be recertified every three (3) years.
(f) For each brand family listed in a certification submitted under
subsection (a) or (d), a manufacturer shall pay a fee to the state fire
marshal of eight hundred dollars ($800). The state fire marshal may
adjust the fee every three (3) years to ensure that the fee defrays the
actual costs of the processing, testing, enforcement, and oversight
activities required by this chapter under rules adopted by the fire
prevention and building safety commission. However, the fee for
each brand family may not exceed one thousand dollars ($1,000).
(g) If a manufacturer has certified a cigarette under this section,
and after submitting the certification, makes a change to the cigarette
that is likely to alter the cigarette's compliance with the reduced
cigarette ignition propensity standards required by this chapter, that
cigarette may not be sold or offered for sale in Indiana until the
manufacturer retests the cigarette under the testing standards in
section 13 or 15 of this chapter and maintains records of that
retesting as required by section 16 of this chapter. An altered
cigarette that does not meet the performance standard in section 13
or 15 of this chapter may not be sold in Indiana.
As added by P.L.82-2008, SEC.1.
IC 22-14-7-22
Reduced ignition propensity standards for cigarettes fund
Sec. 22. (a) The reduced ignition propensity standards for
cigarettes fund is established. Money in the fund may be used to
support processing, testing, enforcement, and oversight activities
under this chapter. The fund shall be administered by the state fire
marshal.
(b) The expenses of administering the fund shall be paid from
money in the fund.
(c) The treasurer of state shall invest money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested.
(d) The fund consists of:
(1) certification fees collected under section 21 of this chapter;
and
(2) grants, gifts, and donations intended for deposit in the fund.
(e) The money in the fund at the end of the state fiscal year does
not revert to the state general fund.
As added by P.L.82-2008, SEC.1.
IC 22-14-7-23
Cigarette packaging marks
Sec. 23. (a) Packages of cigarettes that are certified by a
manufacturer under section 21 of this chapter must be marked to
indicate compliance with the requirements of section 12 of this
chapter. The marking must be in eight (8) point type or larger and
consist of:
(1) modification of the product UPC bar code to include a
visible mark printed at or around the area of the UPC bar code.
The mark may consist of alphanumeric or symbolic characters
permanently stamped, engraved, embossed, or printed in
conjunction with the UPC bar code;
(2) any visible combination of alphanumeric or symbolic
characters permanently stamped, engraved, embossed, or
printed upon the cigarette package or cellophane wrap; or
(3) stamped, engraved, embossed, or printed text that indicates
that the cigarettes meet the standards of this chapter.
(b) A manufacturer shall use only one (1) marking and shall apply
this marking uniformly for all packages, including packs, cartons,
and cases, and brands marketed by that manufacturer.
(c) The manufacturer shall notify the state fire marshal of the
marking that is selected.
(d) Before certification of any cigarette, a manufacturer shall
submit the manufacturer's proposed marking to the state fire marshal
for approval. Upon receipt of the request, the state fire marshal shall
approve or disapprove the marking offered, except that the state fire
marshal shall approve:
(1) a marking in use and approved for sale in New York under
the New York Fire Safety Standards for Cigarettes; or
(2) the letters "FSC," which signifies Fire Standards Compliant,
appearing in eight (8) point type or larger and permanently
stamped, engraved, embossed, or printed on the package at or
near the UPC bar code.
Proposed markings are considered approved if the state fire marshal
fails to act within ten (10) business days after receiving a request for
approval.
(e) A manufacturer may not modify its approved marking unless
the modification has been approved by the state fire marshal under
this section.
(f) A manufacturer certifying cigarettes under section 21 of this
chapter shall:
(1) provide a copy of the certifications to all wholesale dealers
and agents to which the manufacturer sells cigarettes; and
(2) provide sufficient copies of an illustration of the package
marking used by the manufacturer under this section for each
retail dealer to which the wholesale dealers or agents sell
cigarettes.
Wholesale dealers and agents shall provide a copy of the package
markings received from the manufacturers to all retail dealers to
which the wholesale dealer or agent sells cigarettes. Wholesale
dealers, agents, and retail dealers shall permit the state fire marshal,
the department of state revenue, the alcohol and tobacco commission,
and their employees to inspect markings on the cigarette packaging.
As added by P.L.82-2008, SEC.1.
IC 22-14-7-24
Penalties; forfeiture; seizure
Sec. 24. (a) A manufacturer, a wholesale dealer, an agent, or
another person or entity that knowingly sells or offers to sell
cigarettes, other than through retail sale, in violation of section 12 of
this chapter is subject to a civil penalty not to exceed one hundred
dollars ($100) for each pack of cigarettes sold or offered for sale.
However, the penalty against a person or an entity may not exceed
one hundred thousand dollars ($100,000) during any thirty (30) day
period.
(b) A retail dealer who knowingly sells or offers to sell cigarettes
in violation of section 12 of this chapter is subject to a civil penalty
not to exceed one hundred dollars ($100) for each pack of cigarettes
sold or offered for sale. However, the penalty against a retail dealer
may not exceed twenty-five thousand dollars ($25,000) during any
thirty (30) day period.
(c) In addition to any penalty prescribed by law, any corporation,
partnership, sole proprietor, limited partnership, or association
engaged in the manufacture of cigarettes that knowingly makes a
false certification under section 21 of this chapter is subject to a civil
penalty of at least seventy-five thousand dollars ($75,000). However,
the penalty may not exceed two hundred fifty thousand dollars
($250,000) for each false certification.
(d) A person that violates any other provision of this chapter is
subject to a civil penalty for a first offense not to exceed one
thousand dollars ($1,000), and for a subsequent offense not to exceed
five thousand dollars ($5,000), for each violation.
(e) A cigarette that has been sold or offered for sale that does not
comply with the performance standard required by section 13 or 15
of this chapter is subject to forfeiture. Cigarettes forfeited under this
section must be destroyed. However, before the destruction of any
cigarette forfeited under this section, the holder of the trademark
rights in the cigarette brand is allowed to inspect the cigarette.
(f) In addition to any other remedy provided by law, the state fire
marshal may file an action in a court of competent jurisdiction for a
violation of this chapter, including petitioning for injunctive relief or
to recover any costs or damages suffered by the state because of a
violation of this chapter, including enforcement costs relating to the
specific violation and attorney's fees. Each violation of this chapter
or rules adopted under this chapter constitutes a separate civil
violation for which the state fire marshal may obtain relief.
(g) A law enforcement officer or representative of the state fire
marshal may seize and take possession of any cigarettes that have not
been marked in the manner required by section 23 of this chapter.
The seized cigarettes must be turned over to the department of state
revenue. Cigarettes seized under this section are forfeited to the state
and must be destroyed. However, before the destruction of any
cigarette seized under this section, the holder of the trademark rights
in the cigarette brand is allowed to inspect the cigarette.
As added by P.L.82-2008, SEC.1.
IC 22-14-7-25
Compliance inspections
Sec. 25. (a) The:
(1) department of state revenue, in the regular course of
conducting inspections of wholesale dealers, agents, and retail
dealers, as authorized under IC 6-7; and
(2) alcohol and tobacco commission;
may inspect cigarettes to determine if the cigarettes are marked as
required by section 23 of this chapter.
(b) The department of state revenue and the alcohol and tobacco
commission shall notify the state fire marshal upon the discovery of
cigarettes that are not marked as required.
As added by P.L.82-2008, SEC.1.
IC 22-14-7-26
Examination of records, premises, and cigarettes
Sec. 26. To enforce this chapter, the attorney general and the state
fire marshal, their authorized representatives, and law enforcement
officers may examine the books, papers, invoices, and other records
of any person in possession, control, or occupancy of any premises
where cigarettes are placed, stored, sold, or offered for sale, as well
as the stock of cigarettes on the premises. Every person in the
possession, control, or occupancy of any premises where cigarettes
are placed, sold, or offered for sale is required to give the attorney
general, the department of state revenue, the alcohol and tobacco
commission, the state fire marshal, their authorized representatives,
and law enforcement officers the means, facilities, and opportunity
for the examinations authorized by this chapter.
As added by P.L.82-2008, SEC.1.
IC 22-14-7-27
Fire prevention and public safety fund
Sec. 27. (a) The fire prevention and public safety fund is
established. The fund shall be administered by the state fire marshal.
Money in the fund may used to support fire safety and prevention
programs.
(b) The expenses of administering the fund shall be paid from
money in the fund.
(c) The treasurer of state shall invest money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested.
(d) The fund consists of:
(1) penalties recovered under section 24 of this chapter; and
(2) grants, gifts, and donations intended for deposit in the fund.
(e) The money in the fund at the end of the state fiscal year does
not revert to the state general fund.
As added by P.L.82-2008, SEC.1.
IC 22-14-7-28
Exemption for cigarettes to be sold outside Indiana
Sec. 28. Nothing in this chapter prohibits a person or entity from
manufacturing or selling cigarettes that do not meet the requirements
of section 12 of this chapter if the cigarettes:
(1) are or will be stamped for sale in another state; or
(2) are packaged for sale outside the United States;
and the person or entity has taken reasonable steps to ensure that the
cigarettes will not be sold or offered for sale to persons in Indiana.
As added by P.L.82-2008, SEC.1.
IC 22-14-7-29
Rules
Sec. 29. The commission may adopt rules under IC 4-22-2 to
implement this chapter.
As added by P.L.82-2008, SEC.1.
IC 22-14-7-30
Local ordinances prohibited
Sec. 30. A local governmental unit may not adopt an ordinance
concerning any subject regulated by this chapter.
As added by P.L.82-2008, SEC.1.
IC 22-14-7-31
Supremacy of federal law
Sec. 31. This chapter may not be construed to supersede or
preempt applicable federal laws or regulations concerning reduced
ignition propensity standards for cigarettes.
As added by P.L.82-2008, SEC.1.