Today's Law As Amended


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AB-1626 Cigarettes: administration: Attorney General. (2019-2020)



As Amends the Law Today


SECTION 1.

 Section 14951 of the Health and Safety Code is amended to read:

14951.
 (a)  A person shall not sell, offer, or possess for sale in this state cigarettes not in compliance with the following requirements:
(1) (a)  The cigarettes are tested by the manufacturer in accordance with the test method prescribed in subdivision (a) of Section 14952.
(2) (b)  The cigarettes meet the performance standard specified in subdivision (b) of Section 14952.
(3) (c)  The cigarettes meet the marking requirement of Section 14954.
(4) (d)  A written certification is filed by the manufacturer with the State Fire Marshal  Attorney General  in accordance with Section 14953.
(b) This section does not prohibit distributors, wholesalers, or retailers from selling their inventory of cigarettes existing on January 1, 2007, if both of the following conditions are met:
(1) The distributors, wholesalers, or retailers can establish that California tax stamps or meter impressions were affixed to the cigarettes pursuant to Section 30163 of the Revenue and Taxation Code before January 31, 2007.
(2) The distributors, wholesalers, or retailers can establish that the inventory was purchased before January 1, 2007, in comparable quantity to the inventory purchased during the same period of 2005.

SEC. 2.

 Section 14952 of the Health and Safety Code is amended to read:

14952.
 (a) (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.” However, a subsequent ASTM Standard Test Method may be adopted upon 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 that the same cigarette would exhibit when tested in accordance with ASTM Standard E2187-04 and the testing requirements in paragraphs (2) to (5), inclusive, and the performance standard specified in subdivision (b).
(2) Testing shall be conducted on 10 layers of filter paper.
(3) Forty replicate tests shall comprise a complete test trial for each cigarette tested.
(4) The performance standard required by subdivision (b) shall only be applied to a complete test trial.
(5) Laboratories conducting testing in accordance with this subdivision 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 0.19 pursuant to subdivision (b).
(b) When tested in accordance with subdivision (a), no more than 25 percent of the cigarettes tested in a test trial shall exhibit full-length burns.
(c) Each cigarette listed in a certification submitted pursuant to Section 14953 that uses lowered permeability bands in the cigarette paper to achieve compliance with the performance standard set forth in subdivision (b) 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 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 15 millimeters from the lighting end and 10 millimeters from the filter end of the tobacco column or 10 millimeters from the labeled end of the tobacco column for a nonfiltered cigarette.
(d) The manufacturer or manufacturers of a cigarette that cannot be tested in accordance with the test method prescribed in subdivision (a) may employ a test method and performance standard for that cigarette that is equivalent to the performance standard prescribed in subdivision (b). The manufacturer or manufacturers may employ that test method and performance standard to certify that cigarette pursuant to Section 14953. All other applicable requirements of this part shall apply to the manufacturer or manufacturers of that cigarette.
(e) This section does not require additional testing if cigarettes are tested consistent with this section for any other purpose.
(f) In order to ensure compliance with the performance standard specified in subdivision (b), data from testing conducted by manufacturers to comply with this performance standard shall be kept on file by these manufacturers for a period of three years after the initial date of certification and for a period of three years after each recertification required by subdivision (c) of Section 14953 and shall be sent to the State Fire Marshal and the  Attorney General upon his or her the Attorney General’s  request.
(g) This section shall be implemented in accordance with the implementation and substance of the New York Fire Safety Standards for Cigarettes that are effective on June 28, 2004.

SEC. 3.

 Section 14953 of the Health and Safety Code is amended to read:

14953.
 (a) Each manufacturer shall submit a written certification to the State Fire Marshal  Attorney General  attesting that each cigarette listed in the certification has been tested in accordance with subdivision (a) of Section 14952 and meets the performance standard set forth in subdivision (b) of that section.
(b) Each certification shall be submitted in the form, manner, and detail required by the Attorney General and include, at least, with respect to each  cigarette listed in the certification shall be described with  certification, all of  the following information:
(1) Brand.
(2) Style (for example, light, ultra light).
(3) Length in millimeters.
(4) Circumference in millimeters.
(5) Flavor (for example, menthol, chocolate) if applicable.
(6) Filter or nonfilter.
(7) Package description (for example, soft pack, box).
(8) Marking approved in accordance with Section 14954.
(c) Each cigarette certified under this section shall be recertified every three years.
(d) The Attorney General may publish on its internet website the information submitted pursuant to this section.
(e) The Attorney General may adopt rules and regulations to implement this section. The Attorney General may adopt initial emergency regulations to implement this section in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code and these regulations shall be considered by the Office of Administrative Law to be necessary for the immediate preservation of the public peace, health, and safety, or general welfare.
(d) (f)  Manufacturers certifying cigarettes in accordance with this section shall provide a copy of the certifications to all distributors and wholesalers to which they sell cigarettes and shall also provide sufficient copies of an illustration of the cigarette packaging marking utilized by the manufacturer pursuant to Section 14954 for each retailer to which the distributors and wholesalers sell cigarettes. Distributors and wholesalers shall provide a copy of these cigarette packaging markings received from manufacturers to all retailers to which whom  they sell cigarettes.

SEC. 4.

 Section 14954 of the Health and Safety Code is amended to read:

14954.
 (a) Cigarettes that are certified by a manufacturer in accordance with Section 14953 shall be marked on the packaging and case to indicate compliance with the requirements of this part. Marking shall be in 8-point type or larger and consist of one of the following:
(1) Modification of the universal product code to include a visible mark printed at or around the area of that code. The mark may consist of alphanumeric or symbolic characters permanently stamped, engraved, embossed embossed,  or printed in conjunction with the universal product code.
(2) Any visible combination of alphanumeric or symbolic characters permanently stamped, engraved, or embossed upon the cigarette packaging or cellophane wrap.
(3) Printed, stamped, engraved, or embossed text on the cigarette packaging that indicates that the cigarettes meet California standards.
(b) Before a certified cigarette can be sold in the state, a manufacturer shall submit its proposed marking to the State Fire Marshal. The State Fire Marshal  Attorney General. The Attorney General  shall approve the marking upon a finding that it is compliant with the criteria outlined in subdivision (a). Proposed markings shall be deemed approved if the State Fire Marshal  Attorney General  fails to act within 10 30  business days of receiving a proposed marking. A marking in use and approved for the sale of cigarettes in the State of New York shall be deemed approved.
(c) A manufacturer must use only one marking and must apply this marking uniformly for all packagings, including, but not limited to, packages, cartons, and cases, and brands marketed by that manufacturer.
(d) A manufacturer who modifies its marking shall notify the State Fire Marshal  Attorney General  of this change and submit to the State Fire Marshal  Attorney General  a copy of the new marking which that  shall comply with subdivisions (a) and (b).
(e) The Attorney General may adopt rules and regulations to implement this section. The Attorney General may adopt initial emergency regulations to implement this section in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code and these regulations shall be considered by the Office of Administrative Law to be necessary for the immediate preservation of the public peace, health, and safety, or general welfare.

SEC. 6.SEC. 5.

 Section 14959 of the Health and Safety Code is amended to read:

14959.
 This part shall cease to be applicable if federal fire safety standards for cigarettes that preempt this act are enacted and take effect subsequent to the effective date of this act and the State Fire Marshal  Attorney General  so notifies the Secretary of State.

SEC. 6.

 Section 3 of Chapter 633 of the Statutes of 2005 is amended to read:

Sec. 3.
 The Cigarette Fire Safety and Firefighter Protection Fund is hereby created in the State Treasury. Upon appropriation by the Legislature, moneys deposited into the fund shall be made available to both of the following:
(a) The California Department of Tax and Fee Administration to offset minor administrative costs for inspecting, seizing, and disposing of cigarettes.
(b) The Attorney General to offset minor administrative costs to implement Part 8 (commencing with Section 14950) of Division 12 of the Health and Safety Code and to the State Fire Marshal to offset administrative costs to meet the fire safety reporting requirements established pursuant to Section 13110.5 of the Health and Safety Code.