                                 CODE OF VIRGINIA

CERTIFICATION OF CIGARETTE TESTING (§ 9.1-211)

A. Each manufacturer shall submit to the Director written certification
attesting that each cigarette has been tested in accordance with and has met the
performance standard required under &#xA7; 9.1-210.

B. The description of each cigarette listed in the certification shall include:

   1. The brand;

   2. The style;

   3. The length in millimeters;

   4. The circumference in millimeters;

   5. The flavor, if applicable;

   6. Whether filter or nonfilter;

   7. A package description, such as soft pack or box;

   8. The mark approved in accordance with &#xA7; 9.1-212;

   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.

C. On request, the certification shall be made available to the Attorney
General, the Director, and the State Fire Marshal.

D. Each cigarette certified under this section shall be recertified every three
years.

E. If a manufacturer has certified a cigarette pursuant to this section, and
thereafter makes any change to such cigarette that is likely to alter its
compliance with the reduced cigarette ignition propensity standards mandated by
this chapter, then before such cigarette may be sold or offered for sale in the
Commonwealth such manufacturer shall retest such cigarette in accordance with
the testing standards prescribed in &#xA7; 9.1-210 and maintain records of such
retesting as required by &#xA7; 9.1-210. Any such altered cigarette that does
not meet the performance standard set forth in &#xA7; 9.1-210 shall not be sold
in the Commonwealth.

F. For each brand style of cigarette listed in a certification, a manufacturer
shall pay a fee in the amount of $250; however, the Director in consultation
with the State Fire Marshal is authorized to adjust the amount of the fee
annually to ensure that the amount collected therefrom defrays the actual costs
of the processing, testing, enforcement, and oversight activities required by
this chapter. The fees assessed under the provisions of this chapter shall be
paid into the state treasury and shall be deposited into a special fund
designated &#8220;Cigarette Fire Safety Standard and Firefighter Protection Act
Fund.&#8221; Moneys deposited into the special fund and the unexpended balance
thereof shall be appropriated to the Department of Fire Programs for use by the
Director to conduct the processing, testing, enforcement, and oversight
activities required by this chapter and performed by the State Fire Marshal
pursuant to &#xA7; 9.1-206 in carrying out the provisions of the Statewide Fire
Prevention Code Act (&#xA7; 27-94 et seq.), and such expenditures from the
special fund shall be made by the State Treasurer on warrants issued by the
Comptroller upon written request signed by the Director.

HISTORY: 2014, cc. 370, 418.