Introduced by Representatives Keenan of St. Albans City, Chen of Mendon, Pugh of S. Burlington, Hosford of Waitsfield, Howrigan of Fairfield, Klein of East Montpelier, Seibert of Norwich and Smith of Morristown
Subject: Health; safety; tobacco; fire‑safe cigarettes
Statement of purpose: This bill proposes to require that all cigarettes sold in Vermont be fire‑safe.
AN ACT TO REQUIRE THAT CIGARETTES SOLD IN VERMONT ARE FIRE‑SAFE
It is hereby enacted by the General Assembly of the State of Vermont:
§ 2753. FIRE SAFETY AND CIGARETTES
(a) For the purposes of this section,
(1) “Cigarette” means any product that includes any amount of nicotine, irrespective of size or shape or presence of other ingredients, that is intended to be burned or heated under ordinary conditions of use, and consists of or contains any roll of tobacco wrapped in paper or in any other substance and that because of its appearance, the type of tobacco used, its packaging or labeling is likely to be offered to or purchased by consumers as a cigarette.
(2) “Manufacturer” means any entity that manufactures or otherwise produces cigarettes or causes cigarettes to be manufactured or produced and intends to sell the cigarettes in Vermont directly or through an importer or the first purchaser anywhere that intends to resell cigarettes.
(b) No cigarettes may be offered for sale or manufactured in this state unless they comply with fire safety standards based on rules adopted by the commissioner of public safety. The safety standards shall:
(1) Insure that cigarettes meet a fire safety performance standard that substantially limits the risk that a cigarette will ignite upholstered furniture or mattresses.
(2) Employ the “Cigarette Extinction Test Method” as published in Special Publication 85 of the National Institute of Standards and Technology, U.S. Department of Commerce.
(c) Any person engaged in the manufacture of cigarettes shall submit to the commissioner prior to any importation into the state written certification stating that the manufactured product meet the performance standards required under subsection (a) of this section. A person who violates this subsection shall be fined no more than $2,000.00.
(d) Any person who manufactures, offers for sale, or sells cigarettes that do not comply with the safety standards required by subsection (a) of this section may be fined no more than $10,000.00 for each violation.
Sec. 2. EFFECTIVE DATE
This act shall take effect on passage, except that the rules regarding fire‑safe cigarettes shall be in place by July 1, 2006, and the requirement that only fire‑safe cigarettes may be sold in Vermont in 20 V.S.A. § 2753(a) shall not be enforced until September 1, 2006.
The Vermont General Assembly
115 State Street