101B.4 - TEST METHOD -- PERFORMANCE STANDARD -- TEST REPORTS.

        101B.4  TEST METHOD -- PERFORMANCE STANDARD -- TEST
      REPORTS.
         1. a.  Testing of cigarettes shall be conducted in accordance
      with ASTM (American society for testing and materials) international
      standard E2187-04, standard test method for measuring the ignition
      strength of cigarettes.
         b.  The department may adopt a subsequent ASTM international
      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
      international standard E2187-04 and the performance standard in this
      section.
         2.  Testing shall be conducted on ten layers of filter paper.
         3.  The performance standard shall require that no more than
      twenty-five percent of the cigarettes tested in a test trial shall
      exhibit full-length burns.
         4.  Forty replicate tests shall comprise a complete test trial for
      each cigarette tested.
         5.  The performance standard required by this section shall only
      be applied to a complete test trial.
         6. a.  Testing shall be conducted by a laboratory that has
      been accredited pursuant to international organization for
      standardization/international electrotechnical commission standard
      17025 or other comparable accreditation standard required by the
      department.
         b.  Laboratories conducting testing in accordance with this
      section shall implement a quality control and quality assurance
      program that includes a procedure that will determine the
      repeatability of the testing results.  The testing repeatability
      shall be no greater than nineteen one-hundredths.
         7.  This section shall not require additional testing if
      cigarettes are tested consistent with this chapter for any other
      purpose.
         8.  Each cigarette listed in a certification submitted in
      accordance with section 101B.5 that uses lowered permeability bands
      in the cigarette paper to achieve compliance with the performance
      standard pursuant to this section shall have at least two nominally
      identical bands on the paper surrounding the tobacco column.  At
      least one complete band shall be located at least fifteen millimeters
      from the lighting end of the cigarette.  For cigarettes on which the
      bands are positioned by design, there shall be at least two bands
      fully located at least fifteen millimeters from the lighting end and
      either ten millimeters from the filter end of the tobacco column, or
      ten millimeters from the labeled end of the tobacco column for
      nonfiltered cigarettes.
         9. a.  The manufacturer of a cigarette that the department
      determines cannot be tested in accordance with the test method
      prescribed in this section shall propose a test method and
      performance standard for the cigarette to the department.  Upon
      approval of the proposed test method and a determination by the
      department that the performance standard proposed by the manufacturer
      is equivalent to the performance standard prescribed in this section,
      the manufacturer may employ the test method and performance standard
      to certify the cigarette in accordance with section 101B.5.
         b.  If the department determines that 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 the department finds that the officials
      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 regulation under a legal
      provision comparable to this subsection, the department shall
      authorize that manufacturer to employ the alternative test method and
      performance standard to certify that cigarette for sale in this
      state, unless the department demonstrates a reasonable basis why the
      alternative test should not be accepted under this chapter.  All
      other applicable requirements of this chapter shall apply to the
      manufacturer.
         10.  A manufacturer shall maintain copies of the reports of all
      tests conducted on all cigarettes offered for sale for a period of
      three years and shall make copies of the reports available to the
      department and the office of the attorney general upon written
      request.
         11.  Testing performed or sponsored by the department to determine
      a cigarette's compliance with the performance standard required by
      this section shall be conducted in accordance with this section.  
         Section History: Recent Form
         2007 Acts, ch 166, §4; 2008 Acts, ch 1032, §18
         Referred to in § 101B.2, 101B.3, 101B.5, 101B.8