Effective - 01 Jan 2011
320.356. Testing verification reports, content — state fire marshal certification — fee — retesting required, when. — 1. Each manufacturer shall submit to the state fire marshal a written certification attesting that each cigarette listed in the certification has been tested in accordance with and meets the performance standard set forth in section 320.353.
2. 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 nonfilter;
(7) Package description, such as soft pack or box;
(8) Marking under section 320.359;
(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.
3. The state fire marshal shall make the certifications available to the state attorney general and the department for purposes consistent with sections 320.350 to 320.374. Not later than January 31, 2011, the department shall develop, maintain, and update in a timely manner a directory listing all cigarette manufacturers and brand styles for which a certificate required under this section has been filed with the state fire marshal. The directory shall be for informational purposes only and shall be continuously and conspicuously posted on the department's website for public inspection. Wholesalers and retailers may lawfully purchase and sell any and all brand styles listed on the directory, including inventory of said brand styles. Notwithstanding the other provisions of this subsection, unless enjoined by a court of competent jurisdiction under subsection 6 of section 320.362 or subject to sequestration under subsection 5 of section 320.362, any and all brand styles that satisfy the requirements of section 320.353 may be lawfully sold in the state.
4. Each cigarette certified under this section shall be recertified every three years.
5. For each brand family of cigarettes listed for certification, a manufacturer shall pay a fee of one thousand dollars to the state fire marshal. 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.
6. If a manufacturer has certified a cigarette under 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 sections 320.350 to 320.374, such cigarette shall not be sold or offered for sale in this state until the manufacturer retests the cigarette in accordance with the testing standards and maintains records of such retesting as required by section 320.353. Any altered cigarette which does not meet the performance standard set forth in section 320.353 shall not be sold in this state.
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(L. 2009 H.B. 205)
Effective 1-01-11
Contingent termination date, see section 320.374
Structure Missouri Revised Statutes
Title XXI - Public Safety and Morals
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 320.060 - Duty of officers.
Section 320.070 - Doors to certain buildings to be hung, how.
Section 320.081 - Fire insurance company records to be furnished law enforcement officials, when.
Section 320.088 - Personal protective equipment, standards for purchasing.
Section 320.089 - Labeling requirement for personal protective equipment, violation, penalty.
Section 320.092 - Creates annual reporting requirements for certain tax credits.
Section 320.097 - Residency requirements prohibited, when.
Section 320.106 - Definitions.
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 320.136 - 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 320.156 - Items and activities not subject to provisions of sections 320.106 to 320.161.
Section 320.161 - Penalty provisions.
Section 320.200 - Definitions.
Section 320.205 - 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 320.235 - Reports and records required — open to public, exceptions.
Section 320.240 - Property may be entered for investigation, when.
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 320.300 - Volunteer fire protection association, definition.
Section 320.307 - Nonpayment of claim, association has cause of action, amount.
Section 320.310 - Boundaries, filing with county — sole providers, when.
Section 320.330 - Citation of law.
Section 320.333 - Definitions.
Section 320.339 - Wrongful termination, cause of action permitted.
Section 320.350 - Title of law — definitions.
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.