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§ 1254.5. Certification of compliance by manufacturers

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and SafetyEffective: January 1, 2009

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 12B. Cigarette Fire Safety and Firefighter Protection Act
Effective: January 1, 2009
35 P.S. § 1254.5
§ 1254.5. Certification of compliance by manufacturers
(a) Written certification.--Each manufacturer shall submit to the department a written certification attesting that:
(1) Each cigarette listed in the certification has been tested in accordance with section 4.1
(2) Each cigarette listed in the certification meets the performance standard set forth under section 4.
(3) Each cigarette listed in the certification shall be described with the following information:
(i) Brand, such as the trade name on the package.
(ii) Style, such as light, ultra light.
(iii) Length in millimeters.
(iv) Circumference in millimeters.
(v) Flavor, such as menthol, chocolate, if applicable.
(vi) Filter or nonfilter.
(vii) Package description, such as soft pack, box.
(viii) Marking approved in accordance with section 6.2
(ix) The name, address and telephone number of the laboratory, if different from the manufacturer, that conducted the test.
(x) The date that the testing occurred.
(b) Certifications.--The certifications shall be made available to the Attorney General and the commissioner for the purposes of ensuring compliance with this section. Each cigarette certified under this section shall be retested and recertified every three years.
(c) Certification fee.--For each certification form submitted to the department, a manufacturer shall pay to the department a fee of $1,000 per brand family, except that, whenever a manufacturer submits a certification form listing a cigarette that is within a brand family for which the manufacturer already has paid a fee of $1,000 within the three-year certification period and that has not already been listed in a certification form submitted during that three-year period, the manufacturer shall pay the department an additional fee of $500. The fee may be increased by regulation by the department.
(d) Modification of certain products.--If a manufacturer has certified a cigarette under this section and later makes a change to the cigarette that is likely to alter its compliance with the reduced cigarette ignition propensity standards required under this act, the cigarette shall not be sold or offered for sale in this Commonwealth until the manufacturer retests the cigarette in accordance with the testing standards under section 4 and maintains records of that retesting as required under section 4. Any altered cigarette which does not meet the performance standards under section 4 may not be sold in this Commonwealth.


2008, July 4, P.L. 518, No. 42, § 5, effective Jan. 1, 2009.


35 P.S. § 1254.4.
35 P.S. § 1254.6.
35 P.S. § 1254.5, PA ST 35 P.S. § 1254.5
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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