{"data":{"id":"us-ky/krs-227.772","jurisdiction":"us-ky","citation":"KRS 227.772","heading":"Reduced cigarette ignition propensity standards -- Test methods --","body":"Certification -- Reports and recommendations.\n(1) (a) Except as provided in subsection (7) of this section, no cigarettes shall be sold\nor offered for sale in this state or offered for  sale or sold to persons located in\nthis state unless the cigarettes have been tested in accordance with the test\nmethod and meet the performance standards specified in this section, a written\ncertification has been filed by the manufacturer with the state  fire marshal in\naccordance with KRS 227.774, and the cigarettes have been marked in\naccordance with KRS 227.776.\n(b) Testing of cigarettes shall be conducted in accordance with the American\nSociety of Testing and Materials (ASTM) standard E2187 -04, \"Standard Test\nMethod for Measuring the Ignition Strength of Cigarettes.\"\n(c) Testing shall be conducted on ten (10) layers of filter paper.\n(d) No more than twenty -five percent (25%) of the cigarettes tested in a test trial\nin accordance with this section shall  exhibit full -length burns. Forty (40)\nreplicate tests shall comprise a complete test trial for each cigarette tested.\n(e) The performance standard required by this section shall only be applied to a\ncomplete test trial.\n(f) Written certifications shall be  based upon testing conducted by a laboratory\nthat has been accredited pursuant to standard ISO/IEC 17025 of the\nInternational Organization for Standardization (ISO), or other comparable\naccreditation standard required by the state fire marshal.\n(g) Laboratories conducting testing in accordance with this section shall\nimplement a quality control and quality assurance program that includes a\nprocedure to determine the repeatability of the testing results. The\nrepeatability value shall be no greater than nineteen one-hundredths (0.19).\n(h) This section does not require additional testing if cigarettes are tested\nconsistent with KRS 227.770 to 227.784 for any other purpose.\n(i) Testing performed or sponsored by the state fire marshal to determine a\ncigarette's compliance with the performance standard required shall be\nconducted in accordance with this section.\n(2) (a) Each cigarette listed in a certification submitted pursuant to KRS 227.774 that\nuses lowered permeability bands in the cigarette paper to achieve compliance\nwith the performance standard set forth in this section shall have at least two\n(2) nominally identical bands on the paper surrounding the tobacco column.\nAt least one (1) complete band shall be located at least fifteen (15) millimeters\nfrom the lighting end of the cigarette.\n(b) For cigarettes on which the bands are positioned by design, there shall be at\nleast two (2) bands fully located at least fifteen (15) millimeters from the\nlighting end and ten (10) millimeters from the filter end of the tobacco\ncolumn, or ten (10) millimeters from the labeled end of the tobacco column\nfor nonfiltered cigarettes.\n(3) (a) A manufacturer of a cigarette that the state fire marshal determines cannot be\ntested in accordance with the test method prescribed in su bsection (1)(b) of\nthis section shall propose a test method and performance standard for the\ncigarette to the state fire marshal. Upon approval of the proposed test method\nand a determination by the state fire marshal that the performance standard\nproposed by the manufacturer is equivalent to the performance standard\nprescribed in subsection (1)(d) of this section, the manufacturer may employ a\ntest method and performance standard to certify the cigarette pursuant to KRS\n227.774.\n(b) If the state fire marsh al determines the existence of other cigarette ignition\npropensity standards that include a test method and performance standard that\nare the same as those contained in KRS 227.770 to 227.784, then the state fire\nmarshal may authorize the manufacturer to employ the alternative test method\nand performance standard to certify that cigarette for sale in this state, unless\nthe state fire marshal demonstrates a reasonable basis why the alternative test\nshould not be accepted under KRS 227.770 to 227.784. All oth er applicable\nrequirements of this section shall apply to the manufacturer.\n(4) (a) Each manufacturer shall maintain copies of the reports of all tests conducted\non all cigarettes offered for sale for a period of three (3) years, and shall make\ncopies of the reports available to the state fire marshal and the Attorney\nGeneral upon written request.\n(b) Any manufacturer who fails to make copies of the reports available within\nsixty (60) days of receiving a written request shall be subject to a civil penalty\nnot to exceed ten thousand dollars ($10,000) for each day after the sixtieth day\nthat the manufacturer does not make these copies available.\n(5) The state fire marshal may adopt a subsequent ASTM Standard Test Method for\nMeasuring the Ignition Strength of Cigarettes upon a finding that the subsequent\nmethod does not result in a change in t he percentage of full -length burns exhibited\nby any tested cigarette when compared to the percentage of full -length burns the\nsame cigarette would exhibit when tested in accordance with ASTM Standard\nE2187-04 and the performance standard in subsection (1)(d) of this section.\n(6) The state fire marshal shall review the effectiveness of this section and shall report\nevery three (3) years to the General Assembly the fire marshal's findings and, if\nappropriate, recommendations for legislation to improve the eff ectiveness of this\nsection. The report and legislative recommendations shall be submitted no later than\nOctober 1 of each three (3) year period.\n(7) The requirements of this section shall not prohibit a wholesale dealer or retailer\nfrom selling its existin g inventory of cigarettes on or after April 1, 2008, if the\nwholesale dealer or retailer can establish that state tax stamps were affixed to the\ncigarettes prior to April 1, 2008, and if the wholesale dealer or retailer can establish\nthat the inventory was  purchased prior to April 1, 2008, in comparable quantity to\nthe inventory purchased during the same period of the prior year.\n(8) The implementation and substance of the New York Fire Safety Standards for\nCigarettes shall be the persuasive authority in th e implementation of KRS 227.770\nto 227.784.","path":["KRS Chapter 227"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=10706","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:44Z","sha256":"c431f7d0772529a62e7e988573a3cbdaa52eda2044d0da658c956e834445bf9d","source_id":"us-ky","stale":false,"prev":"us-ky/krs-227.770","next":"us-ky/krs-227.774"},"notice":"GroundRules: Original legal text. Not legal advice."}