Rhode Island General Laws 23-20.11-5. Certification of compliance by manufacturers
(a) Each manufacturer shall submit to the director a written certification attesting that:
(1) Each cigarette listed in the certification has been tested in accordance with § 23-20.11-4 of this act;
(2) Each cigarette listed in the certification meets the performance standard set forth under § 23-20.11-4 of this act.
Terms Used In Rhode Island General Laws 23-20.11-5
- Cigarette: shall mean any roll for smoking whether made wholly or in part of tobacco or 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, and that because of its size, appearance, the type of tobacco used in its filler, or its packaging or labeling, is likely to be offered to, or purchased by, consumers as a cigarette or cigarette equivalent. See Rhode Island General Laws 23-20.11-3
- Director: shall mean the director of the Rhode Island department of health. See Rhode Island General Laws 23-20.11-3
- Manufacturer: shall mean :
(i) Any entity which manufacturers or otherwise produces cigarettes or causes cigarettes to be manufactured or produced anywhere that such manufacturer intends to be sold in this state, including cigarettes intended to be sold in the United States through an importer; or
(ii) The first purchaser anywhere that intends to resell in the United States cigarettes manufactured anywhere that the original manufacturer or maker does not intend to be sold in the United States; or
(iii) Any entity that becomes a successor of an entity described in paragraph (a) or (b) of this subdivision. See Rhode Island General Laws 23-20.11-3
- Oversight: Committee review of the activities of a Federal agency or program.
- Sale: shall mean any transfer of title or possession or both, exchange or barter, conditional or otherwise, in any manner or by any means whatever or any agreement therefor. See Rhode Island General Laws 23-20.11-3
(b) Each cigarette listed in the certification shall be described with the following information:
(1) Brand (i.e., the trade name on the package);
(2) Style (e.g., light, ultra light);
(3) Length in millimeters;
(4) Circumference in millimeters;
(5) Flavor (e.g., menthol, chocolate), if applicable;
(6) Filter or non-filter;
(7) Package description (e.g., soft pack, box);
(8) The marking approved in accordance with § 23-20.11-6 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) Such certifications shall be made available to the attorney general and the department of taxation for the purposes of ensuring compliance with this section. Each cigarette certified under this section shall be recertified every three (3) years.
(d) For each certification a manufacturer shall pay to the director a two hundred and fifty dollar ($250) fee. The director 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.
(e) There is hereby established in the custody of the state comptroller a special fund to be known as the “Reduced Cigarette Ignition Propensity and Firefighter Protection Act Enforcement Fund”. Such 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 department of health and shall be used solely to support state processing, testing, enforcement and oversight activities related to this chapter. All payments from the Reduced Cigarette Ignition Propensity 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 director.
(f) 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 mandated by this chapter, 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 in § 23-20.11-4 of this act and maintain records of such retesting as required in § 23-20.11-4 of this act. Any such altered cigarette which does not meet the performance standard set forth in § 23-20.11-4 of this act may not be sold in the state.
History of Section.
P.L. 2007, ch. 245, § 1; P.L. 2007, ch. 333, § 1.