I
103D CONGRESS
2D SESSION
H. R. 3885
To direct the Consumer Product Safety Commission to promulgate fire safety
standards for cigarettes, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 23, 1994
Mr. MOAKLEY introduced the following bill; which was referred to the
Committee on Energy and Commerce
A BILL
To direct the Consumer Product Safety Commission to pro-
mulgate fire safety standards for cigarettes, and for
other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE, FINDINGS.
(a) SHORT TITLE.—This Act may be cited as ‘‘Fire
Safe Cigarette Act of 1994’’.
(b) FINDINGS.—The Congress finds that—
(1) cigarette ignited fires are the leading cause
of fire deaths in the United States,
(2) in 1990 there were 1,200 deaths from ciga-
rette ignited fires, 3,360 civilian injuries from such
fires, and $400 million in property damage caused
by such fires,
(3) over 100 children are killed each year from
cigarette related fires,
(4) the results accomplished under the Ciga-
rette Safety Act of 1984 and the Fire Safe Cigarette
Act of 1990 complete the necessary technical work
for a cigarette fire safety standard,
(5) it is appropriate for the Congress to require
by law the establishment of a cigarette fire safety
standard for the manufacture and importation of
cigarettes,
(6) the most recent study by the Consumer
Product Safety Commission found that the cost of
the loss of human life and personal property from
not having a cigarette fire safety standard is
$4,000,000,000 a year, and
(7) it is appropriate that the regulatory exper-
tise of the Consumer Product Safety Commission be
used to implement a cigarette fire safety standard.
SEC. 2. CIGARETTE FIRE SAFETY STANDARD.
(a) IN GENERAL.—Not later than one year after the
date of the enactment of this Act, the Consumer Product
Safety Commission shall by rule issue a cigarette fire safe-
ty standard for cigarettes to reduce the risk of ignition
presented by cigarettes. In establishing the standard the
Commission shall—
(1) consult with the National Institute of
Standards and Technology and make use of its ca-
pabilities as it deems necessary and seek the advice
and expertise of other Federal and State agencies
engaged in fire safety, and
(2) take into account the final report to the
Congress made by the Commission and the Tech-
nical Advisory Group established under section 3 of
the Fire Safe Cigarette Act of 1990 in which it was
found that cigarettes with a low ignition propensity
are already on the market.
(b) STOCKPILING.—The Commission shall include in
the rule issued under subsection (a) a prohibition of stock-
piling of cigarettes to which the standard issued under
subsection (a) will not apply. For purposes of this sub-
section, the term ‘‘stockpile’’ means the manufacturing or
importing of a cigarette between the date a standard is
issued under subsection (a) and the date the standard is
to take effect at a rate greater than the rate the cigarettes
were manufactured or imported for the one year period
ending on the date the standard was issued.
SEC. 4. PREEMPTION.
(a) IN GENERAL.—This Act and the cigarette fire
safety standard promulgated under section 2(a) do not
preempt or otherwise affect in any way any law of a State
or political subdivision which prescribes a fire safety
standard for cigarettes which is more stringent than the
standard promulgated under section 2(a).
(b) DEFENSES.—In any civil action for damages
compliance with the fire safety standard promulgated
under section 2(a) may not be admitted as a defense.
SEC. 5. DEFINITIONS.
For purposes of this Act:
(1) 
The 
term 
‘‘Commission’’ 
means 
the
Consumer Product Safety Commission.
(2) The term ‘‘cigarette’’ has the meaning pre-
scribed by section 3 of the Federal Cigarette Label-
ing and Advertising Act.
Æ