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.

History:

[39-8904, added 2008, ch. 278, sec. 1, p. 795.]