Missouri Revised Statutes
Chapter 320 - Fire Protection
Section 320.353 - Cigarettes, testing requirements, standards — manufacturers to maintain copies of testing reports — state fire marshal may adopt subsequent standards, report required.

Effective - 01 Jan 2011
320.353. Cigarettes, testing requirements, standards — manufacturers to maintain copies of testing reports — state fire marshal may adopt subsequent standards, report required. — 1. Except as provided in subsection 7 of this section, no cigarettes shall be sold or offered for sale in this state or offered for sale or sold to persons located in this state unless the cigarettes have been tested in accordance with the test method and meet the performance standard specified in this section, a written certification has been filed by the manufacturer with the state fire marshal in accordance with section 320.356, and the cigarettes have been marked in accordance with section 320.359. The following shall apply to such testing:
(1) Testing of cigarettes shall be conducted in accordance with the American Society of Testing and Materials (ASTM) standard E2187-04, "Standard Test Method for Measuring the Ignition Strength of Cigarettes";
(2) Testing shall be conducted on ten layers of filter paper;
(3) No more than twenty-five percent of the cigarettes tested in a test trial in accordance with this section shall exhibit full-length burns. Forty replicate tests shall comprise a complete test trial for each cigarette tested;
(4) The performance standard required by this section shall only be applied to a complete test trial;
(5) Written certifications shall be based upon testing conducted by a laboratory that has been accredited under standard ISO/IEC 17025 of the International Organization for Standardization (ISO), or other comparable accreditation standard required by the state fire marshal;
(6) Laboratories conducting testing in accordance with this section shall implement a quality control and quality assurance program that includes a procedure that will determine the repeatability of the testing results. The repeatability value shall be no greater than nineteen one-hundredths;
(7) Nothing in this section shall be construed as requiring additional testing if cigarettes are tested consistent with sections 320.350 to 320.374 for any other purpose;
(8) Testing performed or sponsored by the state fire marshal to determine a cigarette's compliance with the performance standard required shall be conducted in accordance with this section.
2. Each cigarette listed in a certification submitted under section 320.356 that uses lowered permeability bands in the cigarette paper to achieve compliance with the performance standard set forth in this section shall have at least two nominally identical bands on the paper surrounding the tobacco column. At least one complete band shall be located at least fifteen millimeters from the lighting end of the cigarette. For cigarettes on which the bands are positioned by design, there shall be at least two bands fully located at least fifteen millimeters from the lighting end and ten millimeters from the filter end of the tobacco column, or ten millimeters from the labeled end of the tobacco column for nonfiltered cigarettes.
3. A manufacturer of a cigarette that the state fire marshal determines cannot be tested in accordance with the test method described in subdivision (1) of subsection 1 of this section shall propose a test method and performance standard for the cigarette to the state fire marshal. Upon approval of the proposed test method and a determination by the state fire marshal that the performance standard proposed by the manufacturer is equivalent to the performance standard prescribed in subdivision (3) of subsection 1 of this section, the manufacturer may employ such test method and performance standard to certify such cigarette under section 320.356. If the state fire marshal determines that another state has enacted reduced cigarette ignition propensity standards that include a test method and performance standard that are the same as those contained in sections 320.350 to 320.374, and the state fire marshal finds that the officials responsible for implementing such requirements have approved the proposed 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, the state fire marshal shall authorize such 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 why the alternative test should not be accepted under sections 320.350 to 320.374. All other applicable requirements of this section shall apply to the manufacturer.
4. Each manufacturer shall maintain copies of the reports of all tests conducted on all cigarettes offered for sale for a period of three years, and shall make copies of such reports available to the state fire marshal and the state attorney general upon written request. Any manufacturer who fails to make copies of such reports available within sixty days of receiving a written request shall be subject to a civil penalty not to exceed ten thousand dollars for each day after the sixtieth day that the manufacturer does not make such copies available.
5. The state fire marshal may adopt a subsequent ASTM Standard Test Method for Measuring the Ignition Strength of Cigarettes upon a finding that such subsequent method does not result in a change in the percentage of full-length burns exhibited by any tested cigarette when compared to the percentage of full-length burns the same cigarette would exhibit when tested in accordance with ASTM Standard E2187-04 and the performance standard in subdivision (3) of subsection 1 of this section.
6. The state fire marshal shall review the effectiveness of this section and report every three years to the general assembly the state fire marshal's findings and, if appropriate, recommendations for legislation to improve the effectiveness of sections 320.350 to 320.374. The report and legislative recommendations shall be submitted by June thirtieth following the conclusion of each three-year period.
7. The requirements of this section shall not prohibit:
(1) Wholesalers or retailers from selling their existing inventory of cigarettes on or after January 1, 2011, if the wholesaler or retailer can establish that state tax stamps were affixed to the cigarettes prior to January 1, 2011, and the wholesaler or retailer can establish that the inventory was purchased prior to January 1, 2011; or
(2) The sale of cigarettes solely for the purpose of consumer testing. For purposes of this subdivision, "consumer testing" means an assessment of cigarettes that is conducted by a manufacturer, or under the control and direction of a manufacturer, for the purpose of evaluating consumer acceptance of such cigarettes, utilizing only the quantity of cigarettes that is reasonably necessary for such assessment.
8. The cigarette testing, performance standard, and packaging provisions in sections 320.350 to 320.374 shall be implemented in a manner to obtain uniformity with the laws of those states that have enacted reduced cigarette ignition propensity standards as of January 1, 2011.
­­--------
(L. 2009 H.B. 205)
Effective 1-01-11
Contingent termination date, see section 320.374

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Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XXI - Public Safety and Morals

Chapter 320 - Fire Protection

Section 320.010 - Proprietors of public buildings required to erect fire escapes — how constructed.

Section 320.020 - How erected and enclosed.

Section 320.030 - Number to each building.

Section 320.040 - Buildings to be equipped with fire escapes.

Section 320.050 - Penalties.

Section 320.060 - Duty of officers.

Section 320.070 - Doors to certain buildings to be hung, how.

Section 320.080 - Penalty.

Section 320.081 - Fire insurance company records to be furnished law enforcement officials, when.

Section 320.082 - Fire insurance companies to report suspected arson to prosecuting or circuit attorney — prosecutor to report to other authorized persons.

Section 320.083 - Law enforcement officials to furnish fire insurance companies with information regarding fire losses, when.

Section 320.085 - Immunity from civil or criminal actions for furnishing fire loss information in good faith — presumption — closed records.

Section 320.086 - Access to closed arrest records not authorized — attorney-client privilege not restricted or waived — health information, closed record.

Section 320.088 - Personal protective equipment, standards for purchasing.

Section 320.089 - Labeling requirement for personal protective equipment, violation, penalty.

Section 320.090 - Emergency services, contracts for mutual aid operative in disasters — requirements.

Section 320.091 - Donation of used personal protection equipment and clothing, immunity from liability, when, conditions.

Section 320.092 - Creates annual reporting requirements for certain tax credits.

Section 320.093 - Income tax credit for purchase of a dry fire hydrant or provision of water storage for dry hydrants, requirements, limitations and expiration date.

Section 320.094 - Fire education fund created, annual transfers — treasurer to administer fund — transfer from general revenue — fire education trust fund established, administration — appropriation to division of fire safety — fire education/advisor...

Section 320.095 - Water supply, access during emergencies for fire protection services, requirements — liability for damages.

Section 320.097 - Residency requirements prohibited, when.

Section 320.106 - Definitions.

Section 320.111 - Manufacture, distribution and sale, permit required — issuance, display of, duration — powers and duties of state fire marshal, inspections — fees — rights and obligations of permit holders — rules, procedure — penalty for violation...

Section 320.116 - Revocation and refusal of permits, when — illegal fireworks seized as contraband, return of, procedure, costs — review of action by state fire marshal, how.

Section 320.121 - Powers of cities and certain counties to regulate or prohibit fireworks.

Section 320.122 - Supremacy clause — regulation of fireworks (St. Louis County).

Section 320.126 - Special fireworks — possession and sale of limited, how, to whom — displays, financial responsibility, proof of — inspection of certain venues.

Section 320.131 - Possession, sale and use of certain fireworks prohibited — restrictions — label required — items not regulated.

Section 320.136 - Ground salutes, special type, prohibited.

Section 320.141 - Permissible items of consumer fireworks, how sold, when.

Section 320.146 - Display and storage of fireworks, restrictions on.

Section 320.151 - Sales to children, sales by children, unlawful, exceptions — exploding fireworks near gasoline pumps, certain buildings or from or at motor vehicles, prohibited — certain restrictions — demonstrating and testing allowed, requirement...

Section 320.156 - Items and activities not subject to provisions of sections 320.106 to 320.161.

Section 320.161 - Penalty provisions.

Section 320.200 - Definitions.

Section 320.202 - Division of fire safety, created — duties of division and fire marshal — rulemaking authority.

Section 320.205 - Fire marshal, appointment, qualifications.

Section 320.210 - Employees, how appointed, qualifications.

Section 320.215 - Reimbursement of employees, expenses and equipment, state to furnish.

Section 320.220 - Special deputy, who eligible.

Section 320.225 - Investigator to have same powers as fire marshal, when.

Section 320.230 - Investigations conducted — cooperation with local officials required — may act as peace officers, when, qualifications.

Section 320.235 - Reports and records required — open to public, exceptions.

Section 320.240 - Property may be entered for investigation, when.

Section 320.245 - Subpoena powers — hearing, where conducted — fees for service of process and depositions.

Section 320.250 - Powers of political subdivisions not affected.

Section 320.255 - Salaries, expenses and costs, how paid.

Section 320.260 - Office space to be provided.

Section 320.265 - Appeals, how taken.

Section 320.271 - Information to be filed with fire marshal, by certain fire protection organizations — when — identification numbers.

Section 320.273 - Dry hydrant technical assistance program to be established — dry hydrant defined — purposes and goals of program.

Section 320.300 - Volunteer fire protection association, definition.

Section 320.302 - Nonmembers, association may respond to any emergency, exception — liabilities — fees.

Section 320.305 - Claim of loss, payment of claims to association, nonmember — violations, penalties.

Section 320.307 - Nonpayment of claim, association has cause of action, amount.

Section 320.310 - Boundaries, filing with county — sole providers, when.

Section 320.320 - Volunteer firefighters serving without wages, salary or certain other benefits, declared to be public safety officers of state — volunteer firefighters may receive certain benefits.

Section 320.330 - Citation of law.

Section 320.333 - Definitions.

Section 320.336 - Termination from employment prohibited, when — loss of pay permitted, when — written verification of service permitted — employer notification requirements.

Section 320.339 - Wrongful termination, cause of action permitted.

Section 320.350 - Title of law — definitions.

Section 320.353 - Cigarettes, testing requirements, standards — manufacturers to maintain copies of testing reports — state fire marshal may adopt subsequent standards, report required.

Section 320.356 - Testing verification reports, content — state fire marshal certification — fee — retesting required, when.

Section 320.359 - Compliance marking required, method of marking permitted — copy of certification to be provided to wholesalers, when.

Section 320.362 - Violations, penalties.

Section 320.365 - Rulemaking authority — department of revenue may inspect cigarettes for markings.

Section 320.368 - Enforcement procedures — authorization to examine records.

Section 320.371 - Fund created, use of moneys.

Section 320.374 - Sale of cigarettes outside state or United States, requirements not to apply — termination of requirements, when — state preemption.

Section 320.380 - Compliance with applicable laws required.

Section 320.400 - Cancer benefits pool — definitions — creation, employer contributions — benefits, amount — other payments, when — grants — effect on worker's compensation determinations.