Fire Safety Standard for Cigarettes

S.B. 200, known as the Reduced Cigarette Ignition Propensity and Firefighter Protection Act within the Utah Fire Prevention and Safety Act of the Public Safety Code (UPSC).

Fire-safe cigarettes, also known as reduced ignition propensity cigarettes, are designed to stop burning when left unattended. Under the Utah Law passed by the 2007 Legislature, all cigarettes sold or offered for sale in Utah must meet the same criteria for fire-safe cigarettes as in New York State. The Office of the State Fire Marshal and the Utah State Tax Commission are charged with program oversight, rulemaking, quality control, certifications, and enforcement relating to the sale and distribution of fire-safe cigarettes in Utah. The law went into effect July 1, 2008.

The new law is designed to save lives by reducing the risk that cigarettes will ignite upholstered furniture, mattresses, household furnishings, and other combustible materials found in homes, care facilities, and offices. According to nationwide statistics from the Coalition for Fire Safe Cigarettes and the National Fire Protection Association, roughly one in four fire-related deaths is caused by smoking materials.

Fire-safe cigarettes cost the same and have the same characteristics as other cigarettes. The law contains provisions for stores to sell their existing inventory of cigarettes 53-7-403(8).

For additional information contact the Utah State Fire Marshal’s Office.

Before cigarettes can be sold or offered for sale in the State of Utah, cigarette manufacturers must submit:

• test certification demonstrating that their cigarettes meet the fire safety requirements in accordance with ASTM E2187-04 Standard Test Method for Measuring the Ignition Strength of Cigarettes or, for any cigarette that cannot be tested under ASTM E2187-04, in accordance with Section 53-7-403(2)(a) of the Utah Code Annotated, and
• the required information on package markings, i.e., the approved Utah State Tax Commission stamp and the Utah State Fire Safe Cigarette stamp or the approved modified Utah State Cigarette Stamp.

Each cigarette style certified for sale in Utah must be re-certified every three years.

Once a cigarette is certified, the manufacturer is required to provide:

• a copy of the certification to all wholesale dealers and agents to whom it sells cigarettes.
• sufficient copies of an illustration of the package marking used for each retail dealer to whom the wholesalers or agents sell cigarettes.

To sell or offer to sell cigarettes in Utah, the cigarettes must be listed on the Directory of Fire-Safe Cigarette Approved for Sale in Utah (PDF), and also comply with the provisions related to the Tobacco Master Settlement Agreement for listing on the Tobacco Directory.

All packaging for fire-safe cigarettes approved for sale in Utah must be marked in accordance with UCA 53-7-405. A manufacturer may use only one marking and that marking must be uniformly applied on all packages, including but not limited to, packs, cartons, and cases of cigarettes marketed by that manufacturer. The marking must be in a font of at least eight-point type and consist of:

• modification of the universal product code to include a visible mark printed at or around the area of the code. The mark may consist of alphanumeric or symbolic characters permanently stamped, engraved, embossed, or printed in conjunction with the code;
• any visible combination of alphanumeric or symbolic characters permanently stamped, engraved, or embossed upon the cigarette package or cellophane wrap; or
• stamped, engraved, embossed, or printed text that indicates that the cigarettes meet the required standards.

Utah law requires that the Utah State Tax Commission approve any marking in use and approved in accordance with New York’s fire safety standards for cigarettes. However, manufacturers that intend to use a New York marking in Utah are still required to submit this marking to the Utah State Tax Commission for approval.

The State Fire Marshal must receive applications with information on package markings and approvals with test certification information under ASTM E2187-04 by May 1, 2008, to ensure processing and approvals prior to July 1, 2008.

Test certification for any cigarette that cannot be tested under ASTM E2187-04 must be proposed in accordance with Section 53-7-403(4) of the Utah Code Annotated and must be received by the State Fire Marshal by May 1, 2008, to ensure processing prior to July 1, 2008.

Send all applications, proposal packets, test results, and a letter requesting approval to:

Russ K. Sneddon, Deputy Fire Marshal
Utah State Fire Marshal’s Office
410 West 9800 South, Sandy, Utah 84070
801-864-2390
[email protected]

To obtain approval to sell fire-safe cigarettes in Utah, submit the following information to the State Fire Marshal:

• a cover letter identifying the cigarette manufacturer and the manufacturer’s contact person
• a list of all brands and styles of cigarettes the manufacturer wishes to certify as fire safe in the State of Utah.
• written certification attesting that each cigarette listed has been tested in accordance with UPSC 53-7-403 and meets the performance standard in UPSC 53-7-403 (2)(c) that “No more than 25% of the cigarettes tested in a test trial in accordance with this section may exhibit full-length burns. Forty replicate tests compose a complete test trial for each cigarette used.”
• for each cigarette listed in the certification, a description including:
  • brand and style
  • length in millimeters and circumference in millimeters
  • flavor, if applicable
  • filter or non-filter
  • package description, such as soft pack or box
  • the package marking approved by the Utah Attorney General’s Office  under UPSC 53-7-403
  • the name, address and telephone number of the laboratory, if different from the manufacturer, that conducted the test
  • the date testing occurred
• payment of the $250 fee for each cigarette style listed in the certification.