Okla. Stat. tit. 74, § 74-326.3

performance standard – Cigarettes with lowered permeability bands –

Test reports – Review of legislation - Exceptions.

A. Except as provided in subsection H of this section, 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 accordance with the test method and

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meet the performance standard specified in this section, a written

certification has been filed by the manufacturer with the State Fire

Marshal in accordance with Section 4 of this act, and the cigarettes

have been marked in accordance with Section 5 of this act.

B. The following requirements shall be applicable:

1. Testing of cigarettes shall be conducted in accordance with

the American Society of Testing and Materials (ASTM) standard E2187-

04, “Standard Test Method for Measuring the Ignition Strength of

Cigarettes”;

2. Testing shall be conducted on ten layers of filter paper;

3. No more than twenty-five percent (25%) of the cigarettes

tested in a test trial in accordance with this section shall exhibit

full-length burns. Forty replicate tests shall comprise a complete

test trial for each cigarette tested;

4. The performance standard required by this section shall only

be applied to a complete test trial;

5. Written certifications sha1l be based upon testing conducted

by a laboratory that has been accredited pursuant to standard

ISO/IEC 17025 of the International Organization for Standardization

(ISO), or other comparable accreditation standard required by the

State Fire Marshal;

6. 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 repeatability value shall

be no greater than nineteen-hundredths (0.19);

7. This section does not require additional testing if

cigarettes are tested consistent with this act for any other

purpose; and

8. Testing performed or sponsored by the State Fire Marshal to

determine a cigarette’s compliance with the performance standard

required shall be conducted in accordance with this section.

C. Each cigarette listed in a certification submitted pursuant

to Section 4 of this act that uses lowered permeability bands in the

cigarette paper to achieve compliance with the performance standard

set forth in 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 (15)

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 (15) millimeters from the

lighting end and ten (10) millimeters from the filter end of the

tobacco column, or ten (10) millimeters from the labeled end of the

tobacco column for nonfiltered cigarettes.

D. A manufacturer of a cigarette that the State Fire Marshal

determines cannot be tested in accordance with the test method

prescribed in paragraph 1 of subsection B of this section shall

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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 prescribed in paragraph 3 of subsection B of

this section, the manufacturer may employ such test method and

performance standard to certify such cigarette pursuant to Section 4

of this act. If the State Fire Marshal determines that another

state has enacted reduced cigarette ignition propensity standards

that include a test method and performance standard that are the
he

performance standard prescribed in paragraph 3 of subsection B of

this section, the manufacturer may employ such test method and

performance standard to certify such cigarette pursuant to Section 4

of this act. If the State Fire Marshal 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 act, and the State Fire Marshal

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

section, then the State Fire Marshal shall authorize that

manufacturer to employ the alternative test method and performance

standard to certify that cigarette for sale in this state, unless

the State Fire Marshal demonstrates a reasonable basis why the

alternative test should not be accepted under this act. All other

applicable requirements of this section shall apply to the

manufacturer.

E. 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 shall make copies of these reports available

to the State Fire Marshal and the Attorney General upon written

request. Any manufacturer who fails to make copies of these reports

available within sixty (60) days of receiving a written request

shall be subject to a civil penalty not to exceed Ten Thousand

Dollars ($10,000.00) for each day after the sixtieth day that the

manufacturer does not make such copies available.

F. The State Fire Marshal may adopt a subsequent ASTM Standard

Test Method for Measuring the Ignition Strength of Cigarettes upon a

finding that such 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 paragraph 3 of

subsection B of this section.

G. The State Fire Marshal shall review the effectiveness of

this section and report every three (3) years to the Legislature the

State Fire Marshal’s findings and, if appropriate, recommendations

for legislation to improve the effectiveness of this act. The

report and legislative recommendations shall be submitted no later

than June 30 following the conclusion of each three-year period.

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H. The requirements of subsection A of this section shall not

prohibit:

1. Wholesale or retail dealers from selling their existing

inventory of cigarettes on or after January 1, 2009, if the

wholesale or retail dealer can establish that state tax stamps were

affixed to the cigarettes prior to January 1, 2009, and the

wholesale or retail dealer can establish that the inventory was

purchased prior to January 1, 2009, in comparable quantity to the

inventory purchased during the same period of the prior year;

provided, that in no event may a wholesale or retail dealer sell or

offer for sale a cigarette in this state that does not comply with

this act after January 1, 2010;

2. The sale of cigarettes solely for the purpose of consumer

testing. For purposes of this subsection, 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 such

cigarettes, utilizing only the quantity of cigarettes that is

reasonably necessary for such assessment; or

3. Wholesale or retail dealers from selling, until July 1,

2009, cigarettes manufactured in this state as determined by the

State Fire Marshal.
is conducted by a

manufacturer or under the control and direction of a manufacturer,

for the purpose of evaluating consumer acceptance of such

cigarettes, utilizing only the quantity of cigarettes that is

reasonably necessary for such assessment; or

3. Wholesale or retail dealers from selling, until July 1,

2009, cigarettes manufactured in this state as determined by the

State Fire Marshal.

I. This act shall be implemented in accordance with the

implementation and substance of the laws of those states that have

enacted reduced cigarette ignition propensity standards as of the

effective date.