NY Exec L § 156-C (2021)
2021 New York Laws EXC - Executive Article 6-C - Office of Fire Prevention and Control 156-C - Fire Safety Standards for Cigarettes.

§ 156-c. Fire safety standards for cigarettes. 1. a. When used in this section,  the  word  "cigarette"  shall  mean  any roll for smoking made wholly or in part of tobacco or of any other substance, irrespective  of size  or shape and whether or not such tobacco or substance is flavored, adulterated or mixed with any other ingredient, the wrapper or cover  of which  is  made  of  paper  or  any  other  substance or material except tobacco.   b. When used in this section, the word "sell" shall mean to  sell,  or to offer or agree to do the same.   2.  a. Within two years after this section takes effect, the office of fire prevention and control shall promulgate fire safety  standards  for cigarettes  sold or offered for sale in this state. Such standards shall take effect as provided in subdivision four of this  section  and  shall insure either:  (1)  That such cigarettes, if ignited, will stop burning within a time period specified by the standards  if  the  cigarettes  are  not  smoked during that period; or  (2)  That such cigarettes meet performance standards prescribed by the office of fire prevention and  control  to  limit  the  risk  that  such cigarettes  will  ignite  upholstered  furniture,  mattresses  or  other household furnishings.   b. In promulgating fire safety standards for  cigarettes  pursuant  to this section, the office of fire prevention and control, in consultation with  the  department  of  health,  shall  consider  whether  cigarettes manufactured in accordance with such standards may reasonably result  in increased health risks to consumers.   c.  The office of fire prevention and control shall be responsible for administering the provisions of this section.   d. The office of fire prevention  and  control  shall  report  to  the governor  and  the  legislature no later than eighteen months after this section takes effect on the status of its work in promulgating the  fire safety standards required by this subdivision.   e.  When  a  cigarette  is suspected of having ignited a fire, and the office of fire prevention and control receives information regarding the brand and style of such cigarette pursuant to section two hundred four-d or ninety-one-a of the general municipal law, and where such  brand  and style  had  been  previously  certified pursuant to subdivision three of this section and the package has been marked as required by  subdivision six  of  this  section,  the office of fire prevention and control shall conduct random testing on cigarettes of the  same  brand  and  style  in order  to  determine  whether  such  cigarettes  meet  the  fire  safety standards mandated by this section; provided however that  such  testing shall  not  be required if the office of fire prevention and control has tested such brand and style within the preceding three months.   3. On and after the date the fire  safety  standards  take  effect  in accordance with subdivision four of this section, no cigarettes shall be sold  or  offered for sale in this state unless the manufacturer thereof has certified in writing to the office of fire  prevention  and  control that  such  cigarettes  meet the performance standards prescribed by the office of fire prevention and control pursuant  to  subdivision  two  of this section.  (a)  Such  certifications  must  be  based upon testing conducted by a laboratory that has been accredited pursuant to Standard  ISO/IEC  17025 of  the  international  organization  for standardization, or such other comparable accreditation standard as the office of fire  prevention  and control shall require by regulation.  (b)   Such  certification  shall  be  signed  by  an  officer  of  the manufacturer and shall contain  for  each  cigarette  brand  style  such  information  as  shall  be  deemed  necessary  by  the  office  of  fire prevention and control, including but not limited to: (i) the brand  and style;  (ii)  length in millimeters; (iii) circumference in millimeters; (iv)  flavor,  if  applicable;  (v)  filter  or non-filter; (vi) package description; (vii)  the  name,  address  and  telephone  number  of  the laboratory,  if different than the manufacturer that conducted the test; (viii) the  date  that  the  testing  occurred;  and  (ix)  a  notarized statement  from an officer or director of the laboratory certifying that the cigarette meets the performance standards prescribed by  the  office of fire prevention and control.  (c)  If  a  manufacturer  has  certified  a cigarette pursuant to this subdivision, and thereafter makes any change to such cigarette  that  is likely  to  alter its compliance with the fire safety standards mandated by this section, then before such cigarette may be sold or  offered  for sale  in  this  state  such  manufacturer shall retest such cigarette in accordance with the testing standards prescribed by the office  of  fire prevention  and  control  and  maintain  records  of  such  retesting as required  by  subdivision  seven  of  this  section.  Any  such  altered cigarette which does not meet the performance standard prescribed by the office  of  fire  prevention  and  control may not be sold in the state. Copies  of  such  written  certifications  shall  be  provided  by   the certifying   manufacturer  to  all  wholesale  dealers,  as  defined  in subdivision eight of section four hundred seventy of the  tax  law,  and all  agents,  as  defined  in subdivision eleven of section four hundred seventy of the tax law. The office of fire prevention and control  shall prescribe  procedures  by  which  stamping  agents, wholesale dealers or retail dealers are notified of which cigarettes have been  certified  by manufacturers  as  meeting  the  performance standards prescribed by the office of fire prevention and control, which may include the maintenance of a website listing certified cigarette brands and styles.   4. The fire safety standards required pursuant to subdivision  two  of this  section  shall  take  effect  on  such  date as the office of fire prevention and control shall specify in promulgating such standards  and such  date shall be the earliest practicable date by which manufacturers of cigarettes can comply with such standards;  provided,  however,  that such  date  shall  not  be later than one hundred eighty days after such standards are promulgated. On and after such date, no person  or  entity shall  sell in this state cigarettes that have not been certified by the manufacturer in accordance with subdivision three  of  this  section  or that  have  not been marked in the manner required by subdivision six of this section; provided, however, that nothing in this subdivision  shall be  construed  to prohibit any person or entity from selling or offering for sale cigarettes that have not been certified by the manufacturer  in accordance  with  subdivision  three  of  this section and have not been marked in the manner required by subdivision six of this section if such cigarettes are or will be stamped for  sale  in  another  state  or  are packaged for sale outside the United States.   5. a. Any wholesale dealer, as defined in subdivision eight of section four  hundred  seventy  of  the  tax  law,  or  any agent, as defined in subdivision eleven of section four hundred seventy of the  tax  law,  or any  other  person  or  entity  who  knowingly  sells  or offers to sell cigarettes in violation of subdivision four of  this  section  shall  be subject  to  a  civil penalty not to exceed one hundred dollars for each pack of such cigarettes sold or offered for sale  provided  that  in  no case  shall  the penalty against any wholesale dealer exceed one hundred thousand dollars for sales or offers  to  sell  during  any  thirty  day period.  Any  retail  dealer,  as defined in subdivision nine of section four hundred seventy of the tax law, who knowingly sells  or  offers  to  sell  cigarettes  in violation of subdivision four of this section shall be subject to a civil penalty not to exceed one hundred dollars for each pack of such cigarettes sold or offered for sale, provided  that  in  no case  shall  the  penalty  against  any retail dealer exceed twenty-five thousand dollars for sales or offers  to  sell  during  any  thirty  day period.  Any  person engaged in the business of selling cigarettes in or for shipment into New York who possesses cigarettes that have  not  been certified  or marked in accordance with the requirements of this section shall be deemed to be offering such cigarettes for sale in New York.  An agent  licensed  in  more  than  one state may rebut such presumption by establishing: (i) that such cigarettes have been  physically  segregated from  cigarettes  offered for sale in New York; and (ii) no New York tax stamps have been placed on any cigarettes that have not  been  certified or  marked in accordance with this section. In addition to any penalties imposed by this section the commissioner of taxation and finance,  after an  opportunity  for a hearing has been afforded pursuant to subdivision five of section four hundred eighty of the tax law,  shall  suspend  for six  months  the  license  of  any agent issued pursuant to section four hundred seventy-two of the tax law, the license of any wholesale  dealer issued  pursuant  to  section four hundred eighty of the tax law, or the registration of any  retail  dealer  issued  pursuant  to  section  four hundred  eighty-a  of  the tax law, when such agent, wholesale dealer or retail dealer violates this section three or more times within  a  three year  period,  provided  such  violations  occurred  on  at  least three separate calendar days.   b. In addition to any penalty  prescribed  by  law,  any  corporation, partnership,  sole  proprietor,  limited partnership, association or any other business entity engaged in  the  manufacture  of  cigarettes  that knowingly  makes  a false certification pursuant to subdivision three of this  section  shall  be  subject  to  a  civil  penalty  of  at   least seventy-five  thousand  dollars  and  not  to  exceed  two hundred fifty thousand dollars for each such false certification, and any entity  that fails  to  pay a civil penalty imposed pursuant to this paragraph within thirty days after such penalty is imposed, shall be  subject  to  a  bar from  selling  cigarettes  covered  by  that false certification in this state until the state receives full payment of such penalty.   c. There is hereby established in the custody of the state comptroller a special fund to be known as the "Cigarette Fire Safety Act Fund". Such fund shall consist of all moneys recovered from the assessment of  civil penalties authorized by this subdivision. Such monies shall be deposited to  the  credit  of  the fund and shall, in addition to any other moneys made available for such purpose, be available  to  the  office  of  fire prevention  and  control  for  the purpose of fire safety and prevention programs. All payments from the cigarette fire safety act fund shall  be made  on  the  audit  and  warrant  of the state comptroller on vouchers certified and submitted by the state fire administrator.   6. No cigarettes shall be distributed, sold or  offered  for  sale  in this state unless the manufacturer has placed on each individual package the letters "FSC" which signifies Fire Standards Compliant. Such letters shall  appear  in  eight point type and be permanently printed, stamped, engraved or embossed on the package at or near the UPC Code, if present. Any package containing such symbol is deemed to be  in  compliance  with the  office  of  fire prevention and control regulations set forth in 19 NYCRR 429.8.   7. a. Each manufacturer shall maintain copies of the  reports  of  all tests conducted on all cigarettes for a period of three years, and shall make  copies  of such reports available to the office of fire prevention and control and the attorney general  upon  written  request;  provided,  however, that any manufacturer that fails to make copies of such reports available within sixty days of receiving such a written request shall be subject  to  a civil penalty not to exceed ten thousand dollars for each day  after  the  sixtieth  day that such manufacturer does not make such copies available and shall be subject to a bar from selling or  offering to sell cigarettes in New York until such copies are made available.   b. Testing performed or sponsored by the office of fire prevention and control  in  order  to  determine a cigarette's compliance with the fire safety standards mandated by this section  shall  be  conducted  (i)  in accordance with the requirements applicable to manufacturers pursuant to the  regulations  of the office of fire prevention and control, and (ii) by a laboratory that has been accredited pursuant  to  Standard  ISO/IEC 17025  of  the  international  organization  for standardization or such other comparable accreditation standard as the office of fire prevention and control shall require by regulation.   8. a. To enforce the provisions of this section, the  commissioner  of taxation   and  finance  and  the  state  fire  administrator  may  take administrative action  imposing  the  civil  penalties  and  suspensions authorized  by  subdivision  five  of  this  section.  In  addition, the attorney general may bring an action on behalf  of  the  people  of  the state  of  New  York  to enjoin acts in violation of this section and to recover any civil penalties unless civil penalties have been  previously recovered in such administrative proceedings.   b.  Any  enforcement  officer  as  defined in section thirteen hundred ninety-nine-t of the public health law shall have the  power  to  impose upon  any  retail  dealer  the civil penalties authorized by subdivision five of this section, following a hearing conducted in the  same  manner as hearings conducted under article thirteen-E of the public health law.   c.  To  enforce  the  provisions  of this section, the commissioner of taxation and finance and the state fire  administrator,  or  their  duly authorized  representatives, are hereby authorized to examine the books, papers, invoices and other records of any person in possession,  control or  occupancy  of any premises where cigarettes are placed, stored, sold or offered for sale, as well as the stock  of  cigarettes  in  any  such premises.  Every  person  in the possession, control or occupancy of any premises where cigarettes are placed,  sold  or  offered  for  sale,  is hereby  directed  and  required to give the commissioner of taxation and finance and the state fire  administrator,  and  their  duly  authorized representatives,   the   means,  facilities  and  opportunity  for  such examinations as are herein provided for and required.   d. Whenever any police officer  designated  in  section  1.20  of  the criminal procedure law or a peace officer designated in subdivision four and subdivision seventy-nine pertaining to the Office of Fire Prevention and  Control, of section 2.10 of such law, acting pursuant to his or her special duties, shall discover any cigarettes which have not been marked in the manner required by subdivision six of this section, such  officer is  hereby authorized and empowered to seize and take possession of such cigarettes.  Such  seized  cigarettes  shall  be  turned  over  to   the commissioner  of  taxation  and  finance,  and shall be forfeited to the state. Cigarettes seized pursuant to this section shall be destroyed.   e. The commissioner of the division of homeland security and emergency services, in consultation with the state  fire  administrator,  and  the commissioner of taxation and finance are hereby authorized to promulgate such  regulations as are deemed necessary to implement the provisions of this section.