(a) Each manufacturer shall submit to the state fire marshal a written certification attesting that:

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Terms Used In Tennessee Code 68-102-504

  • Cigarette: means any roll for smoking, whether made wholly or in part of tobacco or any other substance, regardless of size or shape, and whether or not the 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. See Tennessee Code 68-102-502
  • Manufacturer: means :
    (A) Any entity that manufactures or otherwise produces cigarettes or causes cigarettes to be manufactured or produced anywhere that the manufacturer intends to be sold in this state, including cigarettes intended to be sold in the United States through an importer. See Tennessee Code 68-102-502
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Sale: means , in addition to its usual meaning, any sale, use, transfer, exchange, barter, gift or offer for sale and distribution, in any manner or by any means whatsoever. See Tennessee Code 68-102-502
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(1) Each cigarette listed in the certification has been tested in accordance with § 68-102-503; and
(2) Each cigarette listed in the certification meets the performance standard set forth in § 68-102-503(a)(4).
(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 light or ultra light;
(3) Length in millimeters;
(4) Circumference in millimeters;
(5) Flavor, such as menthol or chocolate, if applicable;
(6) Filter or non-filter;
(7) Package description, such as soft pack or box;
(8) Marking approved in accordance with § 68-102-505;
(9) The name, address and telephone number of the laboratory, if different from 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 and reporter for purposes consistent with this part and the commissioner of revenue for the purposes of ensuring compliance with this section.
(d) Each cigarette certified under this section shall be recertified every three (3) years.
(e) At the time a manufacturer submits a written certification under this section, the manufacturer shall pay to the state fire marshal a one-thousand-dollar fee for each brand family of cigarettes listed in a 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, nonreverting fund to be known as the reduced cigarette ignition propensity and firefighter protection act enforcement fund. The 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 solely to support processing, testing, enforcement and oversight activities under this part.
(g) If a manufacturer has certified a cigarette pursuant to this section, and thereafter makes any change to the cigarette that is likely to alter its compliance with the reduced cigarette ignition propensity standards required by this part, 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 § 68-102-503 and maintains records of that retesting as required by § 68-102-503. Any altered cigarette that does not meet the performance standard set forth in § 68-102-503 may not be sold in this state.
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