Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 40 - Fire Safety Standards for Cigarettes › Section 265:40-1-4 - Performance standard

Current through Vol. 41, No. 20, July 1, 2024
(a) When
			 tested in accordance with OAC
			 265:40-1-3, no more
			 than 25 percent of the cigarettes tested in a test trial shall exhibit full
			 length burns.
(b) Each cigarette
			 listed in a certification submitted pursuant to OAC
			 265:40-1-6 that
			 uses lowered permeability bands in the cigarette paper to achieve compliance
			 with the performance standard set forth in subsection (a) shall have at least
			 two (2) 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 (2) 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 a non-filtered cigarette.
(c) The manufacturer of a cigarette that OSFM
			 determines cannot be tested in accordance with the test method prescribed in
			 OAC
			 265:40-1-3 shall
			 propose a test method and performance standard for that cigarette to OSFM. Upon
			 approval of the proposed test method and a determination by OSFM that the
			 performance standard proposed by the manufacturer is equivalent to the
			 performance standard prescribed in OAC 265:40-1-4(a), the manufacturer may
			 employ that test method and performance standard to certify the cigarette
			 pursuant to OAC
			 265:40-1-6. All
			 other applicable requirements of this Chapter shall apply to the
			 manufacturer.
(d) If OSFM
			 determines that another state, with reduced cigarette ignition propensity
			 standards that include a test method and performance standard that are the same
			 as those contained in the Act, has adopted an 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 for not accepting the
			 alternative test method.
Added at 26 Ok Reg 522,
				eff 1-2-09 through 7-14-09 (emergency)1; Added at 27
				Ok Reg 834, eff 4-25-10
1This emergency action expired
				without being superseded by a permanent action. Upon expiration of an emergency
				action enacting a new Section, the Section is no longer effective. Therefore,
				on 7-15-09 (after the 7-14-09 expiration of this emergency action), Section
				265:40-1-4 was no longer effective, and remained as such until added by
				permanent action on 4-25-10. For the official text of the emergency rule that
				was in effect from 1-2-09 through 7-14-09, see 26 Ok Reg
				522.