2023 Oklahoma Statutes › Title 74. State Government › §74-326.4. Written certification of testing and performance – Oklahoma Fire Safe Cigarette directory – Recertification – Fee – Enforcement fund – Altered cigarettes.

A. Each manufacturer shall submit to the State Fire Marshal a written certification attesting that:
1. Each cigarette listed in the certification has been tested in accordance with Section 3 of this act; and
2. Each cigarette listed in the certification meets the performance standard set forth in Section 3 of this act.
B. Each cigarette listed in the certification shall be described with the following information:
1. Brand, or trade name on the package;
2. Style, such as lights, ultralights, or low tar;
3. Length in millimeters;
4. Circumference in millimeters;
5. Flavor, such as menthol or chocolate, if applicable;
6. Filter or nonfilter;
7. Package description, such as soft pack or box;
8. Marking pursuant to Section 5 of this act;
9. The name, address and telephone number of the laboratory, if different than the manufacturer that conducted the test; and
10. The date that the testing occurred.
C. The certifications shall be made available to the Attorney General for purposes consistent with this act and the Tax Commission for the purposes of ensuring compliance with this section. No later than January 31, 2009, the Office of the Oklahoma State Fire Marshal shall develop and make available for public inspection, on its web site and in such other forms as the State Fire Marshal deems appropriate, an Oklahoma Fire Safe Cigarette directory of all certified cigarettes under this act. The State Fire Marshal’s directory shall be provided to the Attorney General no later than January 31, 2009. The State Fire Marshal shall update the directory as necessary to keep the directory current and in conformity with the requirements of this act and shall provide all updates to the Attorney General. The directory shall also include a list of cigarettes exempted pursuant to paragraph 3 of subsection H of Section 3 of this act. A wholesale or retail dealer shall consider any cigarette listed on the State Fire Marshal’s web site to be lawful to sell in this state for purposes of the wholesale or retail dealer’s compliance with this act, unless the wholesale or retail dealer has actual knowledge that the cigarette does not comply.
D. Each cigarette certified under this section shall be recertified every three (3) years. Initial cigarette certifications may be made at any time.
E. At the time it submits a written certification under this section, a manufacturer shall pay to the State Fire Marshal a fee of One Thousand Dollars ($1,000.00) for each brand family of cigarettes listed in the certification. 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-year certification period.
F. There is established in the State Treasury a separate, nonlapsing fund to be known as the “Fire Safety Standard and Firefighter Protection Act Enforcement Fund”. The fund shall consist of all certification fees submitted by manufacturers, and shall, in addition to any other monies made available for such purpose, be available to the State Fire Marshal solely to support processing, testing, enforcement and oversight activities under this act.
G. If a manufacturer has certified a cigarette pursuant to this section, and thereafter makes any change to such cigarette that is likely to alter its compliance with the reduced cigarette ignition propensity standards required by this act, 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 3 of this act and maintains records of that retesting as required by Section 3 of this act. Any altered cigarette which does not meet the performance standard set forth in Section 3 of this act may not be sold in this state.
Added by Laws 2008, c. 155, § 4, eff. Jan. 1, 2009.