{"data":{"id":"us-ok/okla.-stat.-tit.-74-74-326.3","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 74, § 74-326.3","heading":"Cigarette sale requirements – Test method and","body":"performance standard – Cigarettes with lowered permeability bands –\n\nTest reports – Review of legislation - Exceptions.\n\nA. Except as provided in subsection H of this section, no\n\ncigarettes may be sold or offered for sale in this state or offered\n\nfor sale or sold to persons located in this state unless the\n\ncigarettes have been tested in accordance with the test method and\n\nmeet the performance standard specified in this section, a written\n\ncertification has been filed by the manufacturer with the State Fire\n\nMarshal in accordance with Section 4 of this act, and the cigarettes\n\nhave been marked in accordance with Section 5 of this act.\n\nB. The following requirements shall be applicable:\n\n1. Testing of cigarettes shall be conducted in accordance with\n\nthe American Society of Testing and Materials (ASTM) standard E2187-\n\n04, “Standard Test Method for Measuring the Ignition Strength of\n\nCigarettes”;\n\n2. Testing shall be conducted on ten layers of filter paper;\n\n3. No more than twenty-five percent (25%) of the cigarettes\n\ntested in a test trial in accordance with this section shall exhibit\n\nfull-length burns. Forty replicate tests shall comprise a complete\n\ntest trial for each cigarette tested;\n\n4. The performance standard required by this section shall only\n\nbe applied to a complete test trial;\n\n5. Written certifications sha1l be based upon testing conducted\n\nby a laboratory that has been accredited pursuant to standard\n\nISO/IEC 17025 of the International Organization for Standardization\n\n(ISO), or other comparable accreditation standard required by the\n\nState Fire Marshal;\n\n6. Laboratories conducting testing in accordance with this\n\nsection shall implement a quality control and quality assurance\n\nprogram that includes a procedure that will determine the\n\nrepeatability of the testing results. The repeatability value shall\n\nbe no greater than nineteen-hundredths (0.19);\n\n7. This section does not require additional testing if\n\ncigarettes are tested consistent with this act for any other\n\npurpose; and\n\n8. Testing performed or sponsored by the State Fire Marshal to\n\ndetermine a cigarette’s compliance with the performance standard\n\nrequired shall be conducted in accordance with this section.\n\nC. Each cigarette listed in a certification submitted pursuant\n\nto Section 4 of this act that uses lowered permeability bands in the\n\ncigarette paper to achieve compliance with the performance standard\n\nset forth in this section shall have at least two nominally\n\nidentical bands on the paper surrounding the tobacco column. At\n\nleast one complete band shall be located at least fifteen (15)\n\nmillimeters from the lighting end of the cigarette. For cigarettes\n\non which the bands are positioned by design, there shall be at least\n\ntwo bands fully located at least fifteen (15) millimeters from the\n\nlighting end and ten (10) millimeters from the filter end of the\n\ntobacco column, or ten (10) millimeters from the labeled end of the\n\ntobacco column for nonfiltered cigarettes.\n\nD. A manufacturer of a cigarette that the State Fire Marshal\n\ndetermines cannot be tested in accordance with the test method\n\nprescribed in paragraph 1 of subsection B of this section shall\n\npropose a test method and performance standard for the cigarette to\n\nthe State Fire Marshal. Upon approval of the proposed test method\n\nand a determination by the State Fire Marshal that the performance\n\nstandard proposed by the manufacturer is equivalent to the\n\nperformance standard prescribed in paragraph 3 of subsection B of\n\nthis section, the manufacturer may employ such test method and\n\nperformance standard to certify such cigarette pursuant to Section 4\n\nof this act. If the State Fire Marshal determines that another\n\nstate has enacted reduced cigarette ignition propensity standards\n\nthat include a test method and performance standard that are the\nhe\n\nperformance standard prescribed in paragraph 3 of subsection B of\n\nthis section, the manufacturer may employ such test method and\n\nperformance standard to certify such cigarette pursuant to Section 4\n\nof this act. If the State Fire Marshal determines that another\n\nstate has enacted reduced cigarette ignition propensity standards\n\nthat include a test method and performance standard that are the\n\nsame as those contained in this act, and the State Fire Marshal\n\nfinds that the officials responsible for implementing those\n\nrequirements have approved the proposed alternative test method and\n\nperformance standard for a particular cigarette proposed by a\n\nmanufacturer as meeting the fire safety standards of that state’s\n\nlaw or regulation under a legal provision comparable to this\n\nsection, then the State Fire Marshal shall authorize that\n\nmanufacturer to employ the alternative test method and performance\n\nstandard to certify that cigarette for sale in this state, unless\n\nthe State Fire Marshal demonstrates a reasonable basis why the\n\nalternative test should not be accepted under this act. All other\n\napplicable requirements of this section shall apply to the\n\nmanufacturer.\n\nE. Each manufacturer shall maintain copies of the reports of\n\nall tests conducted on all cigarettes offered for sale for a period\n\nof three (3) years, and shall make copies of these reports available\n\nto the State Fire Marshal and the Attorney General upon written\n\nrequest. Any manufacturer who fails to make copies of these reports\n\navailable within sixty (60) days of receiving a written request\n\nshall be subject to a civil penalty not to exceed Ten Thousand\n\nDollars ($10,000.00) for each day after the sixtieth day that the\n\nmanufacturer does not make such copies available.\n\nF. The State Fire Marshal may adopt a subsequent ASTM Standard\n\nTest Method for Measuring the Ignition Strength of Cigarettes upon a\n\nfinding that such subsequent method does not result in a change in\n\nthe percentage of full-length burns exhibited by any tested\n\ncigarette when compared to the percentage of full-length burns the\n\nsame cigarette would exhibit when tested in accordance with ASTM\n\nStandard E2187-04 and the performance standard in paragraph 3 of\n\nsubsection B of this section.\n\nG. The State Fire Marshal shall review the effectiveness of\n\nthis section and report every three (3) years to the Legislature the\n\nState Fire Marshal’s findings and, if appropriate, recommendations\n\nfor legislation to improve the effectiveness of this act. The\n\nreport and legislative recommendations shall be submitted no later\n\nthan June 30 following the conclusion of each three-year period.\n\nH. The requirements of subsection A of this section shall not\n\nprohibit:\n\n1. Wholesale or retail dealers from selling their existing\n\ninventory of cigarettes on or after January 1, 2009, if the\n\nwholesale or retail dealer can establish that state tax stamps were\n\naffixed to the cigarettes prior to January 1, 2009, and the\n\nwholesale or retail dealer can establish that the inventory was\n\npurchased prior to January 1, 2009, in comparable quantity to the\n\ninventory purchased during the same period of the prior year;\n\nprovided, that in no event may a wholesale or retail dealer sell or\n\noffer for sale a cigarette in this state that does not comply with\n\nthis act after January 1, 2010;\n\n2. The sale of cigarettes solely for the purpose of consumer\n\ntesting. For purposes of this subsection, the term “consumer\n\ntesting” means an assessment of cigarettes that is conducted by a\n\nmanufacturer or under the control and direction of a manufacturer,\n\nfor the purpose of evaluating consumer acceptance of such\n\ncigarettes, utilizing only the quantity of cigarettes that is\n\nreasonably necessary for such assessment; or\n\n3. Wholesale or retail dealers from selling, until July 1,\n\n2009, cigarettes manufactured in this state as determined by the\n\nState Fire Marshal.\nis conducted by a\n\nmanufacturer or under the control and direction of a manufacturer,\n\nfor the purpose of evaluating consumer acceptance of such\n\ncigarettes, utilizing only the quantity of cigarettes that is\n\nreasonably necessary for such assessment; or\n\n3. Wholesale or retail dealers from selling, until July 1,\n\n2009, cigarettes manufactured in this state as determined by the\n\nState Fire Marshal.\n\nI. This act shall be implemented in accordance with the\n\nimplementation and substance of the laws of those states that have\n\nenacted reduced cigarette ignition propensity standards as of the\n\neffective date.","path":["OK Code","Title 74"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os74.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"bee5a188bb3fbd646dd805cf7797fca3d3240fae221a7db905e87bc35c03f506","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-74-74-326.2","next":"us-ok/okla.-stat.-tit.-74-74-326.4"},"notice":"GroundRules: Original legal text. Not legal advice."}