| Fire Standard Compliant Cigarettes |
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| Program Overview |
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Fire Standard Compliant Cigarette Program: provides industry regulation by requiring cigarette manufacturers to certify that a cigarette variety has been tested and meets the fire safety standard as having reduced ignition propensity and assists them in meeting state requirements through technical assistance and program materials
Fire Safer Cigarette Markings Brochure
Fire Safer Cigarette Fact Sheet
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| Dates of Implementation |
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1. April 17, 2007 The Oregon State Fire Marshal (OSFM) accepted, and considered certified, all cigarette varieties on the State of New York’s certification list.
Explanation: All varieties of cigarettes certified in the state of New York as having reduced ignition propensity, as of April 17, 2007, were accepted by OSFM as certified for sale in Oregon.
2. April 18, 2007 Manufacturers must submit certification to the OSFM for all cigarette varieties they plan to sell in Oregon if those varieties were not already certified on or before April 17, 2007 by the State of New York.
3. July 1, 2007 Cigarette manufacturers can only sell fire standard compliant cigarettes to wholesalers and retail dealers. Civil Penalties became effective against manufacturers who sell any cigarettes other than those those that are fire standard compliant.
4. January 1, 2008 As of this date, all cigarette packaging must bear a marking of “FSC” or other OSFM approved marking identifying the cigarette variety as fire standard compliant.
5. January 1, 2008 All manufacturers, wholesalers, and retail dealers may distribute or sell only fire standard compliant cigarettes with approved packaging markings as of January 1, 2008. Any cigarettes that do not meet reduced ignition propensity standards must be removed from sale as of midnight December 31, 2007.
6. April 17, 2010 Recertification Required
All varieties accepted from New York as certified in Oregon on April 17, 2007, must be recertified to Oregon no later than April 17, 2010.
7. April 18, 2010 and forward. All varieties certified in Oregon April 18, 2007, and after must be recertified no later than three years from the date of initial certification.
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| Testing Requirements for Certification |
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Cigarette varieties must be tested using the ASTM International specification E2187-04, Standard Test Method for Measuring the Ignition Strength of Cigarettes.
- Testing must be conducted on 10 layers of filter paper.
- Forty replicate tests shall constitute a complete test trial for each cigarette variety tested.
- For a cigarette variety to be declared to have reduced ignition propensity, no more than 25 percent of the cigarettes in a complete test trial conducted in accordance with an ignition propensity testing method described in this section shall exhibit full-length burns.
- A cigarette listed in a certification under section 7 of this 2007 act using lowered permeability bands in the cigarette paper to achieve compliance with the fire safety performance standard described in subsection (6) of this section must have:
- At least two nominally identical bands on the paper surrounding the tobacco column.
- If the bands are not positioned on the cigarette by design, at least one complete band must be at least 15 millimeters from the lighting end of the cigarette.
- If the bands are positioned on the cigarette by design, the cigarette must have at least two bands that are entirely located at least 15 millimeters from the lighting end
- If the cigarette is filtered, that are located at least 10 millimeters from the filter end of the tobacco column.
- If the cigarette is nonfiltered, that are located at least 10 millimeters from the labeled end of the tobacco column.
The laboratory that conducts ignition propensity testing for purposes of section 5 of this 2007 act must have a quality control and assurance program. The program shall be designed to ensure the testing repeatability value for all test trials used to certify a cigarette variety. The repeatability value of ignition propensity testing may not be greater than 0.19.
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| Brand Certification Requirements |
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All cigarette varieties certified in New York as of April 17, 2007 are accepted as certified in Oregon.
Any cigarette varieties for sale in Oregon and not certified in New York must be certified prior to sale with the following process.
Manufacturers shall submit a written certification attesting that each variety of cigarette listed in the certification has been subjected to ignition propensity testing and meets the fire safety performance standard. The certification shall provide the following information for each variety of cigarette listed:
A. brand name shown on the cigarette packaging
B. style, such as light or ultralight
C. length in millimeters
D. circumference in millimeters
E. flavor, such as menthol or chocolate, if applicable
F. whether the cigarette is filtered or nonfiltered
G. packaging description, such as soft pack or box
H. description of the packaging marking approved by the State Fire Marshal
I. name, address and telephone number of the laboratory conducting the ignition
propensity testing, if other than the laboratory of the manufacturer
J. date of the ignition propensity testing
The certification of a cigarette variety is valid for three years from the date of receipt by the State Fire Marshal.
Send certification to:
Anita Phillips, Manager
License and Permit Services Unit
4760 Portland Rd NE
Salem, OR 97305
503-373-1540 ext. 264 or fax 503-373-1825
If a manufacturer certifies a cigarette variety and later makes any change that is likely to alter the cigarette variety’s compliance with the fire safety performance standard, before distributing the changed cigarette variety in Oregon, the manufacturer shall retest the ignition propensity of the variety.
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| Brand Recertification Requirements |
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Effective April 2010 all cigarette varieties accepted as certified in New York on April 17, 2007, must be recertified in Oregon.
The certification of a cigarette variety is valid for three years from the date of receipt by the State Fire Marshal and must be retested and recertified. The recertification must include the following information for each variety of cigarette listed:
A. brand name shown on the cigarette packaging
B. style, such as light or ultralight
C. length in millimeters
D. circumference in millimeters
E. flavor, such as menthol or chocolate, if applicable
F. whether the cigarette is filtered or nonfiltered
G. packaging description, such as soft pack or box
H. description of the packaging marking approved by the State Fire Marshal
I. name address and telephone number of the laboratory conducting the ignition
propensity testing, if other than the laboratory of the manufacturer
J. date of the ignition propensity testing
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| Packaging Marking Requirements |
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All cigarette packaging for cigarettes sold in Oregon shall be marked:
- Marking must be in eight-point font or larger
- Must consist of one of the following:
- Modification of the universal product code to indicate a visible mark printed at or around the universal product code.
- The mark may consist of alphanumeric or symbolic characters permanently printed, stamped, engraved or embossed in conjunction with the universal product code.
- Visible combination of alphanumeric or symbolic characters permanently stamped, engraved or embossed upon the packaging or cellophane wrapping.
- Printed, stamped, engraved or embossed text indicating that the cigarettes meet the fire safety performance standard established in section 5(6) of HB 2163 Enrolled.
The State Fire Marshal shall approve or disapprove the proposal for packaging marking. In determining whether to approve or disapprove a proposal for packaging marking the State Fire Marshal:
- Shall give preference to packaging marking that is consistent with the packaging marking in use and approved for that cigarette variety in the State of New York; and
- Shall approve packaging marking that bears the letters “FSC”
A proposal for packaging marking is approved unless the State Fire Marshal disapproves the proposal on or before the 10th day after receipt.
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| Manufacturer Requirements |
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Manufacturers selling cigarettes to wholesaler dealers in Oregon shall provide the wholesale dealers with a copy of the certification submitted to the State Fire Marshal for those cigarettes.
Manufacturers shall provide wholesalers with copies so the wholesale dealers can distribute packaging marking illustrations.
Manufacturers shall supply enough copies of the illustration to allow one copy to each of their retail dealers.
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| Wholesale Dealer Requirements |
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Wholesale dealers shall provide one copy of the manufacturers illustration to each retail dealer that receives cigarettes from them.
Effective January 1, 2008, only cigarettes that are fire standard compliant may be sold in Oregon.
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| Retail Dealer Requirements |
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Effective January 1, 2008, only cigarettes that are fire standard compliant may be sold in Oregon.
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| Civil Penalties |
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The State Fire Marshal may impose a civil penalty for a violation of section 2(1) of this 2007 act. The civil penalty may not exceed the following:
- For a person that distributes or offers to sell non-compliant cigarettes to a wholesale or retail dealer, $10,000 or five times the wholesale invoice cost of the cigarettes involved in the violation, whichever is greater.
- For a person that distributes or offers to sell non-compliant cigarettes to consumers:
- For a distribution or offer of not more than 1,000 cigarettes, $500.
- For a distribution or offer of more than 1,000 cigarettes, $1,000 or five times the retail value of the cigarettes involved in the violation, whichever is greater.
- For a continuing violation of section 2(1) of this 2007 act, each day that a person distributes or offers to sell non-compliant cigarettes after being notified by the State Fire Marshal that the distribution or offer to sell non-compliant cigarettes violates section 2(1) of this 2007 act is a separate violation subject to civil penalty.
For the purposes of this subsection, a person is notified by the State Fire Marshal that the distribution or offer to sell non-compliant cigarettes violates section 2(1) of this 2007 act only after the person receives a notice, has been provided an opportunity for a hearing and has exhausted all opportunities for administrative or judicial review of the notice in the manner provided for contested cases under ORS chapter 183.
Section 2(1) A person may not distribute or offer to sell a cigarette within this state unless the cigarette is of a variety the State Fire Marshal has determined to be fire standard compliant.
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