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New York regulations

Title 19 Part 429

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19 NYCRR 429.1 - General requirements

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(a)On and after June 28, 2004, no cigarettes subject to the provisions of section 156-c of the Executive Law shall be sold or offered for sale in this State unless:
(1)such cigarettes have been tested in accordance with the test method prescribed in section 429.3 of this Part;
(2)such cigarettes meet the performance standard specified in section 429.4 of this Part; and
(3)a written certification has been filed by the manufacturer with the Department of State, Office of Fire Prevention and Control, One Commerce Plaza, 99 Washington Avenue, Suite 500, Albany, NY 12231-0001, in accordance with section 429.6 of this Part.
(b)Nothing in this Part shall prohibit wholesale dealers or retail dealers from selling their inventory of cigarettes existing on June 28, 2004, provided that such wholesale dealer or retail dealer can establish that New York State tax stamps were affixed to such cigarettes pursuant to article 20 of the Tax Law prior to June 28, 2004, and provided further that such wholesale dealer or retail dealer can establish that such inventory was purchased prior to June 28, 2004 in comparable quantity to the inventory purchased during the same period of 2003.

19 NYCRR 429.2 - Definitions

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19 NYCRR 429.3 - Test method

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(a)Testing of cigarettes shall be conducted in accordance with the American Society of Testing and Materials ("ASTM") standard E2187-02b "Standard Test Method for Measuring the Ignition Strength of Cigarettes," subject to the modifications stated in Appendix A to this Part. This standard may be obtained from the publisher at ASTM International, 100 Barr Harbor Drive, P.O. Box C700, W. Conshohocken, PA 19428-2959. This material is available for public inspection and distribution at the Department of State, Office of Fire Prevention and Control, 41 State Street, Albany, NY 12231-0001.
(b)Testing shall be conducted on 10 layers of filter paper.
(c)Forty replicate tests shall comprise a complete test trial for each cigarette tested.
(d)The performance standard required by section 429.4 of this Part shall only be applied to a complete test trial.
(e)Laboratories conducting testing in accordance with this section 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 section 429.4 of this Part.

19 NYCRR 429.4 - Performance standard

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(a)When tested in accordance with section 429.3 of this Part, no more than 25 percent of the cigarettes tested in a test trial shall exhibit full length burns.
(b)Each cigarette listed in a certification submitted pursuant to section 429.6 of this Part that uses lowered permeability bands in the cigarette paper to achieve compliance with the performance standard set forth in subdivision (a) 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 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 non-filtered cigarette).
(c)The manufacturer or manufacturers of a cigarette that the Office of Fire Prevention and Control determines cannot be tested in accordance with the test method prescribed in section 429.3 of this Part shall propose a test method and performance standard for such cigarette to the Office of Fire Prevention and Control. Upon approval of the proposed test method and a determination by the Office of Fire Prevention and Control that the performance standard proposed by the manufacturer or manufacturers is equivalent to the performance standard prescribed in section 429.4 of this Part, the manufacturer or manufacturers may employ such test method and performance standard to certify such cigarette pursuant to section 429.6 of this Part. All other applicable requirements of this Part shall apply to such manufacturer or manufacturers.

19 NYCRR 429.5 - Test data

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In order to ensure compliance with the performance standard specified in section 429.4 of this Part, data from testing conducted by manufacturers to comply with this performance standard shall be kept on file by such manufacturers for a period of three years and shall be sent to the Office of Fire Prevention and Control upon its request, and to the Office of the Attorney General upon its request, at the addresses specified in section 429.1(a)(3) of this Part.

19 NYCRR 429.6 - Certification

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19 NYCRR 429.7 - Notification of certification

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Manufacturers certifying cigarettes in accordance with section 429.6 of this Part shall provide a copy of such certifications to all wholesale dealers and agents to which they sell cigarettes, and shall also provide sufficient copies of an illustration of the cigarette packaging marking utilized by the manufacturer pursuant to section 429.8 of this Part for each retailer to which the wholesale dealers and agents sell cigarettes. Wholesale dealers and agents shall provide a copy of these cigarette packaging markings received from manufacturers to all retail dealers to which they sell cigarettes. Wholesale dealers, agents, and retail dealers shall permit the Office and Fire Prevention and Control to inspect markings of cigarette packaging marked in accordance with section 429.8 of this Part.

19 NYCRR 429.8 - Marking of cigarette packaging

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(a)Cigarettes which have been certified by a manufacturer in accordance with section 429.6 of this Part shall be marked to indicate compliance with the requirements of this Part. Such marking shall be in eight point type or larger and consist of:
(1)modification of the product UPC code to include a visible mark printed at or around the area of the UPC code. Such mark may consist of alphanumeric or symbolic character(s) permanently stamped, engraved, embossed or printed in conjunction with the UPC; or
(2)any visible combination of alphanumeric or symbolic character(s) permanently stamped, engraved, or embossed upon the cigarette package or cellophane wrap; or
(3)printed, stamped, engraved or embossed text that indicates that the cigarettes meet New York standards.
(b)Such marking shall be unique to packages that meet New York standards.
(c)A manufacturer must use only one marking, and must apply this marking uniformly for all packages (including but not limited to packs, cartons, and cases) and brands marketed by that manufacturer.
(d)The Office of Fire Prevention and Control must be notified at the address specified in section 429.1(c) of this Part as to the marking which is selected.
(e)Prior to the certification of any cigarette, a manufacturer shall present its proposed marking to the Office of Fire Prevention and Control for approval. Upon receipt of the request, the Office of Fire Prevention and Control will approve or disapprove the marking offered. Proposed markings shall be deemed approved if the Office of Fire Prevention and Control fails to act within 10 business days of receiving a request for approval.
(f)No manufacturer shall modify its approved marking unless the modification has been approved by the Office of Fire Prevention and Control in accordance with this section.

19 NYCRR 429.9 - Severability

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If any clause, sentence, paragraph, or section of this Part be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder hereof but shall be applied in its operation to the clause, sentence, paragraph, or section hereof directly involved in the controversy in which such judgment shall have been rendered.

19 NYCRR 429.10 - Appendix A

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