{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/9.1-210.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/9.1-210.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/9.1-210.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/9.1-210.html"}],"law_id":67083,"edition_id":1,"section_id":67083,"structure_id":15169,"section_number":"9.1-210","catch_line":"Testing and certification of cigarettes","history":"2014, cc. 370, 418.","full_text":"A\n\nExcept as provided in subsection N, no cigarettes may be sold or offered for sale in the Commonwealth or offered for sale or sold to persons located in the Commonwealth unless:1\n\nThe cigarettes have been tested in accordance with the test method and meet the performance standard specified in this section;2\n\nThe manufacturer has filed a written certification in accordance with § 9.1-211; and3\n\nThe cigarettes have been marked in accordance with § 9.1-212.B\n\nThe performance standard for cigarettes sold or offered for sale in the Commonwealth is stated in subdivision E 1.C\n\nTesting 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.” The Director, in consultation with the State Fire Marshal, may adopt a subsequent ASTM Standard Test Method for Measuring the Ignition Strength of Cigarettes on a finding that the 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 of this section.D\n\nTesting of cigarettes shall be conducted on 10 layers of filter paper.E\n\n1. No more than 25 percent of the cigarettes tested in a test trial shall exhibit full-length burns.2\n\nForty replicate tests shall comprise a complete test trial for each cigarette tested.F\n\nThe performance standard required by this section shall only be applied to a complete test trial.G\n\nWritten certifications shall be based upon testing conducted by a laboratory that has been accredited pursuant to Standard ISO\/IEC 17025 of the International Organization for Standardization or other comparable accreditation standard required by the Director.H\n\nEach laboratory that conducts tests in accordance with this section shall implement a quality control and quality assurance program that includes a procedure to determine the repeatability of the testing results. The repeatability value shall be no greater than 0.19.I\n\nEach cigarette listed in a certification that uses lowered permeability bands in the cigarette paper to achieve compliance with the performance standard of 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 15 millimeters from the lighting end of the cigarette. For a cigarette on which the bands are positioned by design, at least two bands shall be located at least 15 millimeters from the lighting end and 10 millimeters from the filter end of the tobacco column. For an unfiltered cigarette, the two complete bands shall be located at least 15 millimeters from the lighting end and 10 millimeters from the labeled end of the tobacco column.J\n\nIf the Director determines that a cigarette cannot be tested in accordance with the test method required by this section, the manufacturer of the cigarette shall propose to the Director a test method and performance standard for that cigarette. The Director, in consultation with the State Fire Marshal, may approve a test method and performance standard that the Director determines is equivalent to the requirements of this section, and the manufacturer may use that test method and performance standard for certification in accordance with § 9.1-211. If the Director 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 this chapter, and the Director finds that the officials responsible for implementing those requirements have approved the proposed alternative test method and performance standard for a particular cigarette proposed by a manufacturer as meeting the reduced cigarette ignition propensity standards of that state’s law or regulation under a legal provision comparable to this section, then the Director shall authorize that manufacturer to employ the alternative test method and performance standard to certify that cigarette for sale in the Commonwealth, unless the Director demonstrates a reasonable basis why the alternative test should not be accepted under this chapter. All other applicable requirements of this section shall apply to the manufacturer.K\n\nThis section does not require additional testing for cigarettes that are tested in a manner consistent with the requirements of this section for any other purpose.L\n\nEach 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 these reports available to the Director, State Fire Marshal, and Attorney General on written request. Any manufacturer who fails to make copies of these reports available within 60 days of receiving a written request shall be subject to a civil penalty not to exceed $10,000 for each day after the sixtieth day that the manufacturer does not make such copies available.M\n\nTesting performed or sponsored by the Director to determine a cigarette’s compliance with the performance standard required by this section shall be conducted in accordance with this section.N\n\nThe requirements of subsection A shall not prohibit the sale of cigarettes solely for the purpose of consumer testing. For purposes of this subdivision, the term “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.","order_by":null,"text":{"0":{"id":243093,"text":"Except as provided in subsection N, no cigarettes may be sold or offered for sale in the Commonwealth or offered for sale or sold to persons located in the Commonwealth unless:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":243094,"text":"The cigarettes have been tested in accordance with the test method and meet the performance standard specified in this section;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":243095,"text":"The manufacturer has filed a written certification in accordance with § 9.1-211; and","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":243096,"text":"The cigarettes have been marked in accordance with § 9.1-212.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"B"},"4":{"id":243097,"text":"The performance standard for cigarettes sold or offered for sale in the Commonwealth is stated in subdivision E 1.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A3","next_prefix":"C"},"5":{"id":243098,"text":"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.” The Director, in consultation with the State Fire Marshal, may adopt a subsequent ASTM Standard Test Method for Measuring the Ignition Strength of Cigarettes on a finding that the 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 of this section.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"6":{"id":243099,"text":"Testing of cigarettes shall be conducted on 10 layers of filter paper.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"7":{"id":243100,"text":"1. No more than 25 percent of the cigarettes tested in a test trial shall exhibit full-length burns.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"E2"},"8":{"id":243101,"text":"Forty replicate tests shall comprise a complete test trial for each cigarette tested.","type":"section","prefixes":["E","2"],"prefix":"2","entire_prefix":"E2","prefix_anchor":"E2","level":2,"prior_prefix":"E","next_prefix":"F"},"9":{"id":243102,"text":"The performance standard required by this section shall only be applied to a complete test trial.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E2","next_prefix":"G"},"10":{"id":243103,"text":"Written certifications shall be based upon testing conducted by a laboratory that has been accredited pursuant to Standard ISO\/IEC 17025 of the International Organization for Standardization or other comparable accreditation standard required by the Director.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"11":{"id":243104,"text":"Each laboratory that conducts tests in accordance with this section shall implement a quality control and quality assurance program that includes a procedure to determine the repeatability of the testing results. The repeatability value shall be no greater than 0.19.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"12":{"id":243105,"text":"Each cigarette listed in a certification that uses lowered permeability bands in the cigarette paper to achieve compliance with the performance standard of 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 15 millimeters from the lighting end of the cigarette. For a cigarette on which the bands are positioned by design, at least two bands shall be located at least 15 millimeters from the lighting end and 10 millimeters from the filter end of the tobacco column. For an unfiltered cigarette, the two complete bands shall be located at least 15 millimeters from the lighting end and 10 millimeters from the labeled end of the tobacco column.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"13":{"id":243106,"text":"If the Director determines that a cigarette cannot be tested in accordance with the test method required by this section, the manufacturer of the cigarette shall propose to the Director a test method and performance standard for that cigarette. The Director, in consultation with the State Fire Marshal, may approve a test method and performance standard that the Director determines is equivalent to the requirements of this section, and the manufacturer may use that test method and performance standard for certification in accordance with § 9.1-211. If the Director 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 this chapter, and the Director finds that the officials responsible for implementing those requirements have approved the proposed alternative test method and performance standard for a particular cigarette proposed by a manufacturer as meeting the reduced cigarette ignition propensity standards of that state’s law or regulation under a legal provision comparable to this section, then the Director shall authorize that manufacturer to employ the alternative test method and performance standard to certify that cigarette for sale in the Commonwealth, unless the Director demonstrates a reasonable basis why the alternative test should not be accepted under this chapter. All other applicable requirements of this section shall apply to the manufacturer.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I","next_prefix":"K"},"14":{"id":243107,"text":"This section does not require additional testing for cigarettes that are tested in a manner consistent with the requirements of this section for any other purpose.","type":"section","prefixes":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J","next_prefix":"L"},"15":{"id":243108,"text":"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 these reports available to the Director, State Fire Marshal, and Attorney General on written request. Any manufacturer who fails to make copies of these reports available within 60 days of receiving a written request shall be subject to a civil penalty not to exceed $10,000 for each day after the sixtieth day that the manufacturer does not make such copies available.","type":"section","prefixes":["L"],"prefix":"L","entire_prefix":"L","prefix_anchor":"L","level":1,"prior_prefix":"K","next_prefix":"M"},"16":{"id":243109,"text":"Testing performed or sponsored by the Director to determine a cigarette’s compliance with the performance standard required by this section shall be conducted in accordance with this section.","type":"section","prefixes":["M"],"prefix":"M","entire_prefix":"M","prefix_anchor":"M","level":1,"prior_prefix":"L","next_prefix":"N"},"17":{"id":243110,"text":"The requirements of subsection A shall not prohibit the sale of cigarettes solely for the purpose of consumer testing. For purposes of this subdivision, the term “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.","type":"section","prefixes":["N"],"prefix":"N","entire_prefix":"N","prefix_anchor":"N","level":1,"prior_prefix":"M"}},"ancestry":[{"id":15169,"edition_id":1,"name":"Reduced Cigarette Ignition Propensity","identifier":"2.1","label":"chapter","depth":2,"order_by":1,"parent_id":12896,"metadata":{},"date_created":"2026-06-26 03:52:41","date_modified":"2026-06-26 03:52:41","permalink":{"id":285271,"object_type":"structure","relational_id":15169,"identifier":"2.1","token":"9.1\/2.1","url":"\/9.1\/2.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12896,"edition_id":1,"name":"Commonwealth Public Safety","identifier":"9.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":284487,"object_type":"structure","relational_id":12896,"identifier":"9.1","token":"9.1","url":"\/9.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":64906,"structure_id":15169,"section_number":"9.1-209","catch_line":"Definitions","url":"\/9.1-209\/","token":"9.1\/2.1\/9.1-209","metadata":false},{"id":67083,"structure_id":15169,"section_number":"9.1-210","catch_line":"Testing and certification of cigarettes","url":"\/9.1-210\/","token":"9.1\/2.1\/9.1-210","metadata":false},{"id":86171,"structure_id":15169,"section_number":"9.1-211","catch_line":"Certification of cigarette testing","url":"\/9.1-211\/","token":"9.1\/2.1\/9.1-211","metadata":false},{"id":72631,"structure_id":15169,"section_number":"9.1-212","catch_line":"Marking of cigarettes","url":"\/9.1-212\/","token":"9.1\/2.1\/9.1-212","metadata":false},{"id":69989,"structure_id":15169,"section_number":"9.1-213","catch_line":"Provision of copies of certifications and illustration of the packaging markings; inspections","url":"\/9.1-213\/","token":"9.1\/2.1\/9.1-213","metadata":false},{"id":82264,"structure_id":15169,"section_number":"9.1-214","catch_line":"Nonconforming cigarettes","url":"\/9.1-214\/","token":"9.1\/2.1\/9.1-214","metadata":false},{"id":62389,"structure_id":15169,"section_number":"9.1-215","catch_line":"Powers of Director; regulation and implementation","url":"\/9.1-215\/","token":"9.1\/2.1\/9.1-215","metadata":false},{"id":57775,"structure_id":15169,"section_number":"9.1-216","catch_line":"Enforcement; civil penalties","url":"\/9.1-216\/","token":"9.1\/2.1\/9.1-216","metadata":false},{"id":66730,"structure_id":15169,"section_number":"9.1-217","catch_line":"Application of chapter to certain cigarettes; conflicting local ordinances preempted","url":"\/9.1-217\/","token":"9.1\/2.1\/9.1-217","metadata":false}],"previous_section":{"id":64906,"structure_id":15169,"section_number":"9.1-209","catch_line":"Definitions","url":"\/9.1-209\/","token":"9.1\/2.1\/9.1-209","metadata":false},"next_section":{"id":86171,"structure_id":15169,"section_number":"9.1-211","catch_line":"Certification of cigarette testing","url":"\/9.1-211\/","token":"9.1\/2.1\/9.1-211","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/9.1-210\/","history_text":"

This law was first created in 2014. The record of its establishment is cataloged in chapters 370<\/a> and 418<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":[{"id":86171,"section_number":"9.1-211","catch_line":"Certification of cigarette testing","order_by":null,"url":"\/9.1-211\/"},{"id":82264,"section_number":"9.1-214","catch_line":"Nonconforming cigarettes","order_by":null,"url":"\/9.1-214\/"},{"id":57775,"section_number":"9.1-216","catch_line":"Enforcement; civil penalties","order_by":null,"url":"\/9.1-216\/"}],"refers_to":[{"id":86171,"section_number":"9.1-211","catch_line":"Certification of cigarette testing","order_by":null,"url":"\/9.1-211\/"}],"permalink":{"id":285277,"object_type":"law","relational_id":67083,"identifier":"9.1-210","token":"9.1\/2.1\/9.1-210","url":"\/9.1-210\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/9.1-210\/","token":"9.1\/2.1\/9.1-210","dublin_core":{"Title":"Testing and certification of cigarettes","Type":"Text","Format":"text\/html","Identifier":"\u00a7 9.1-210","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Except as provided in subsection N, no cigarettes may be sold or offered for sale in the Commonwealth or offered for sale or sold to persons located in the Commonwealth unless: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The cigarettes have been tested in accordance with the test method and meet the performance standard specified in this section; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The manufacturer<\/span> has filed a written certification in accordance with § 9.1-211<\/a>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The cigarettes have been marked in accordance with § 9.1-212<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The performance standard for cigarettes sold or offered for sale in the Commonwealth is stated in subdivision E 1. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Testing of cigarettes shall be conducted in accordance with the American Society of Testing and Materials<\/span> (ASTM) Standard E2187-04 “Standard Test Method for Measuring the Ignition Strength of Cigarettes.” The Director<\/span>, in consultation with the State Fire Marshal, may adopt a subsequent ASTM Standard Test Method for Measuring the Ignition Strength of Cigarettes on a finding<\/span> that the 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 of this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Testing of cigarettes shall be conducted on 10 layers of filter paper. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> 1. No more than 25 percent of the cigarettes tested in a test trial<\/span> shall exhibit full-length burns. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Forty replicate tests shall comprise a complete test trial<\/span> for each cigarette tested. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The performance standard required by this section shall only be applied to a complete test trial<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Written certifications shall be based upon testing conducted by a laboratory that has been accredited pursuant to Standard ISO\/IEC 17025 of the International Organization for Standardization or other comparable accreditation standard required by the Director<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Each laboratory that conducts tests in accordance with this section shall implement a quality control and quality assurance program<\/span> that includes a procedure to determine the repeatability<\/span> of the testing results. The repeatability<\/span> value shall be no greater than 0.19. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> Each cigarette listed in a certification that uses lowered permeability bands in the cigarette paper to achieve compliance with the performance standard of 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 15 millimeters from the lighting end of the cigarette. For a cigarette on which the bands are positioned by design, at least two bands shall be located at least 15 millimeters from the lighting end and 10 millimeters from the filter end of the tobacco column. For an unfiltered cigarette, the two complete bands shall be located at least 15 millimeters from the lighting end and 10 millimeters from the labeled end of the tobacco column. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> If the Director<\/span> determines that a cigarette cannot be tested in accordance with the test method required by this section, the manufacturer<\/span> of the cigarette shall propose to the Director<\/span> a test method and performance standard for that cigarette. The Director<\/span>, in consultation with the State Fire Marshal, may approve a test method and performance standard that the Director<\/span> determines is equivalent to the requirements of this section, and the manufacturer<\/span> may use that test method and performance standard for certification in accordance with § 9.1-211<\/a>. If the Director<\/span> 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 this chapter, and the Director<\/span> finds that the officials responsible for implementing those requirements have approved the proposed alternative test method and performance standard for a particular cigarette proposed by a manufacturer<\/span> as meeting the reduced cigarette ignition propensity standards of that state’s law<\/span> or regulation under a legal provision comparable to this section, then the Director<\/span> shall authorize that manufacturer<\/span> to employ the alternative test method and performance standard to certify that cigarette for sale in the Commonwealth, unless the Director<\/span> demonstrates a reasonable basis why the alternative test should not be accepted under this chapter. All other applicable requirements of this section shall apply to the manufacturer<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

K.<\/span> This section does not require additional testing for cigarettes that are tested in a manner consistent with the requirements of this section for any other purpose. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

L.<\/span> Each manufacturer<\/span> 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 these reports available to the Director<\/span>, State Fire Marshal, and Attorney General<\/span> on written request. Any manufacturer<\/span> who fails to make copies of these reports available within 60 days of receiving a written request shall be subject to a civil penalty<\/span> not to exceed $10,000 for each day after the sixtieth day that the manufacturer<\/span> does not make such copies available. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

M.<\/span> Testing performed or sponsored by the Director<\/span> to determine a cigarette’s compliance with the performance standard required by this section shall be conducted in accordance with this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

N.<\/span> The requirements of subsection A shall not prohibit the sale of cigarettes solely for the purpose of consumer testing<\/span>. For purposes of this subdivision, the term “consumer testing<\/span>” means an assessment of cigarettes that is conducted by a manufacturer<\/span>, or under the control and direction of a manufacturer<\/span>, for the purpose of evaluating consumer acceptance of such cigarettes, utilizing only the quantity of cigarettes that is reasonably necessary for such assessment. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nTESTING AND CERTIFICATION OF CIGARETTES (\u00a7 9.1-210)\n\nA. Except as provided in subsection N, no cigarettes may be sold or offered for\nsale in the Commonwealth or offered for sale or sold to persons located in the\nCommonwealth unless:\n\n 1. The cigarettes have been tested in accordance with the test method and meet\n the performance standard specified in this section;\n\n 2. The manufacturer has filed a written certification in accordance with\n § 9.1-211; and\n\n 3. The cigarettes have been marked in accordance with § 9.1-212.\n\nB. The performance standard for cigarettes sold or offered for sale in the\nCommonwealth is stated in subdivision E 1.\n\nC. Testing of cigarettes shall be conducted in accordance with the American\nSociety of Testing and Materials (ASTM) Standard E2187-04 “Standard Test\nMethod for Measuring the Ignition Strength of Cigarettes.” The Director,\nin consultation with the State Fire Marshal, may adopt a subsequent ASTM\nStandard Test Method for Measuring the Ignition Strength of Cigarettes on a\nfinding that the subsequent method does not result in a change in the percentage\nof full-length burns exhibited by any tested cigarette when compared to the\npercentage of full-length burns the same cigarette would exhibit when tested in\naccordance with ASTM standard E2187-04 and the performance standard of this\nsection.\n\nD. Testing of cigarettes shall be conducted on 10 layers of filter paper.\n\nE. 1. No more than 25 percent of the cigarettes tested in a test trial shall\nexhibit full-length burns.\n\n 2. Forty replicate tests shall comprise a complete test trial for each\n cigarette tested.\n\nF. The performance standard required by this section shall only be applied to a\ncomplete test trial.\n\nG. Written certifications shall be based upon testing conducted by a laboratory\nthat has been accredited pursuant to Standard ISO\/IEC 17025 of the International\nOrganization for Standardization or other comparable accreditation standard\nrequired by the Director.\n\nH. Each laboratory that conducts tests in accordance with this section shall\nimplement a quality control and quality assurance program that includes a\nprocedure to determine the repeatability of the testing results. The\nrepeatability value shall be no greater than 0.19.\n\nI. Each cigarette listed in a certification that uses lowered permeability bands\nin the cigarette paper to achieve compliance with the performance standard of\nthis section shall have at least two nominally identical bands on the paper\nsurrounding the tobacco column. At least one complete band shall be located at\nleast 15 millimeters from the lighting end of the cigarette. For a cigarette on\nwhich the bands are positioned by design, at least two bands shall be located at\nleast 15 millimeters from the lighting end and 10 millimeters from the filter\nend of the tobacco column. For an unfiltered cigarette, the two complete bands\nshall be located at least 15 millimeters from the lighting end and 10\nmillimeters from the labeled end of the tobacco column.\n\nJ. If the Director determines that a cigarette cannot be tested in accordance\nwith the test method required by this section, the manufacturer of the cigarette\nshall propose to the Director a test method and performance standard for that\ncigarette. The Director, in consultation with the State Fire Marshal, may\napprove a test method and performance standard that the Director determines is\nequivalent to the requirements of this section, and the manufacturer may use\nthat test method and performance standard for certification in accordance with\n§ 9.1-211. If the Director determines that another state has enacted\nreduced cigarette ignition propensity standards that include a test method and\nperformance standard that are the same as those contained in this chapter, and\nthe Director finds that the officials responsible for implementing those\nrequirements have approved the proposed alternative test method and performance\nstandard for a particular cigarette proposed by a manufacturer as meeting the\nreduced cigarette ignition propensity standards of that state’s law or\nregulation under a legal provision comparable to this section, then the Director\nshall authorize that manufacturer to employ the alternative test method and\nperformance standard to certify that cigarette for sale in the Commonwealth,\nunless the Director demonstrates a reasonable basis why the alternative test\nshould not be accepted under this chapter. All other applicable requirements of\nthis section shall apply to the manufacturer.\n\nK. This section does not require additional testing for cigarettes that are\ntested in a manner consistent with the requirements of this section for any\nother purpose.\n\nL. Each manufacturer shall maintain copies of the reports of all tests conducted\non all cigarettes offered for sale for a period of three years, and shall make\ncopies of these reports available to the Director, State Fire Marshal, and\nAttorney General on written request. Any manufacturer who fails to make copies\nof these reports available within 60 days of receiving a written request shall\nbe subject to a civil penalty not to exceed $10,000 for each day after the\nsixtieth day that the manufacturer does not make such copies available.\n\nM. Testing performed or sponsored by the Director to determine a\ncigarette’s compliance with the performance standard required by this\nsection shall be conducted in accordance with this section.\n\nN. The requirements of subsection A shall not prohibit the sale of cigarettes\nsolely for the purpose of consumer testing. For purposes of this subdivision,\nthe term “consumer testing” means an assessment of cigarettes that\nis conducted by a manufacturer, or under the control and direction of a\nmanufacturer, for the purpose of evaluating consumer acceptance of such\ncigarettes, utilizing only the quantity of cigarettes that is reasonably\nnecessary for such assessment.\n\nHISTORY: 2014, cc. 370, 418.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}