(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 § 7117 of this title;

(2) Each cigarette listed in the certification meets the performance standard set forth under § 7117(a)(3) of this title;

(3) Each cigarette listed in the certification shall be described with the following information:

a. Brand (i.e., the trade name on the package);

b. Style (i.e., light, ultra light);

c. Length in millimeters;

d. Circumference in millimeters;

e. Flavor (e.g., menthol, chocolate), if applicable;

f. Filter or nonfilter;

g. Package description (e.g., soft pack, box);

h. Marking approved in accordance with § 7119 of this title.

i. The name, address and telephone number of the laboratory, if different than the manufacturer that conducted the test; and

j. The date that the testing occurred.

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(b) Such certifications shall be made available to the Attorney General and the Division of Revenue for the purposes of ensuring compliance with this section. Each cigarette certified under this section shall be recertified every 3 years.

(c) For each cigarette listed in a certification a manufacturer shall pay to the State Fire Marshal a $250 fee. The State Fire Marshal shall have the power to adjust this fee to an amount sufficient only to provide for processing, testing, enforcement and oversight activities related to this chapter.

(d) There is hereby established in the custody of the State Comptroller a special nonlapsing fund to be known as the “Cigarette Fire Safety and Firefighter Protection Act Enforcement Fund.” Such fund shall consist of all certification fees submitted by manufacturers, and shall, in addition to any other moneys made available for such purpose, be available to the State Fire Marshal’s Office and shall be used solely to support State processing testing, enforcement and oversight activities related to this chapter. All payments from the Cigarette Fire Safety and Firefighter Protection Act Enforcement Fund shall be made on the audit and warrant of the State Treasurer on vouchers certified and submitted by the State Fire Marshal.

(e) 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 chapter, 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 § 7117 of this title and maintains records of that retesting as required by § 7117 of this title. Any altered cigarette which does not meet the performance standard set forth in § 7117 of this title may not be sold in this State.

76 Del. Laws, c. 100, § ?1;