Section 14952 Of Part 8. Cigarettes From California Health And Safety Code >> Division 12. >> Part 8.
14952
. (a) (1) 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." However, a subsequent ASTM Standard Test
Method may be adopted upon 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 that the same cigarette would exhibit when tested
in accordance with ASTM Standard E2187-04 and the testing
requirements in paragraphs (2) to (5), inclusive, and the performance
standard specified in subdivision (b).
(2) Testing shall be conducted on 10 layers of filter paper.
(3) Forty replicate tests shall comprise a complete test trial for
each cigarette tested.
(4) The performance standard required by subdivision (b) shall
only be applied to a complete test trial.
(5) Laboratories conducting testing in accordance with this
subdivision shall implement a quality control and quality assurance
program that includes a procedure that will determine the
repeatability of the testing results. The repeatability value shall
be no greater than 0.19 pursuant to subdivision (b).
(b) When tested in accordance with subdivision (a), no more than
25 percent of the cigarettes tested in a test trial shall exhibit
full-length burns.
(c) Each cigarette listed in a certification submitted pursuant to
Section 14953 that uses lowered permeability bands in the cigarette
paper to achieve compliance with the performance standard set forth
in subdivision (b) 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 cigarettes on which the bands are positioned by
design, there shall be at least two bands fully located at least 15
millimeters from the lighting end and 10 millimeters from the filter
end of the tobacco column or 10 millimeters from the labeled end of
the tobacco column for a nonfiltered cigarette.
(d) The manufacturer or manufacturers of a cigarette that cannot
be tested in accordance with the test method prescribed in
subdivision (a) may employ a test method and performance standard for
that cigarette that is equivalent to the performance standard
prescribed in subdivision (b). The manufacturer or manufacturers may
employ that test method and performance standard to certify that
cigarette pursuant to Section 14953. All other applicable
requirements of this part shall apply to the manufacturer or
manufacturers of that cigarette.
(e) This section does not require additional testing if cigarettes
are tested consistent with this section for any other purpose.
(f) In order to ensure compliance with the performance standard
specified in subdivision (b), data from testing conducted by
manufacturers to comply with this performance standard shall be kept
on file by these manufacturers for a period of three years after the
initial date of certification and for a period of three years after
each recertification required by subdivision (c) of Section 14953 and
shall be sent to the State Fire Marshal and the Attorney General
upon his or her request.
(g) This section shall be implemented in accordance with the
implementation and substance of the New York Fire Safety Standards
for Cigarettes that are effective on June 28, 2004.