                                 CODE OF VIRGINIA

TESTING AND CERTIFICATION OF CIGARETTES (§ 9.1-210)

A. 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:

   1. The cigarettes have been tested in accordance with the test method and meet
   the performance standard specified in this section;

   2. The manufacturer has filed a written certification in accordance with
   &#xA7; 9.1-211; and

   3. The cigarettes have been marked in accordance with &#xA7; 9.1-212.

B. The performance standard for cigarettes sold or offered for sale in the
Commonwealth is stated in subdivision E 1.

C. Testing of cigarettes shall be conducted in accordance with the American
Society of Testing and Materials (ASTM) Standard E2187-04 &#8220;Standard Test
Method for Measuring the Ignition Strength of Cigarettes.&#8221; 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. Testing of cigarettes shall be conducted on 10 layers of filter paper.

E. 1. No more than 25 percent of the cigarettes tested in a test trial shall
exhibit full-length burns.

   2. Forty replicate tests shall comprise a complete test trial for each
   cigarette tested.

F. The performance standard required by this section shall only be applied to a
complete test trial.

G. 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.

H. 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.

I. 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.

J. 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
&#xA7; 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&#8217;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. 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.

L. 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.

M. Testing performed or sponsored by the Director to determine a
cigarette&#8217;s compliance with the performance standard required by this
section shall be conducted in accordance with this section.

N. 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 &#8220;consumer testing&#8221; 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.

HISTORY: 2014, cc. 370, 418.