| Fire Standard Complant Cigarette Act of 2008
The Fire Standard Compliant Cigarettes Act of 2008 (Act), effective May 13, 2008; DC Law 17-157, (55 DCR 3703), permits only fire-safety cigarettes to be sold in the District of Columbia, establishes test methodology and performance standards for fire-safety cigarettes, requires manufactures to self-certify that their cigarettes meets the requirements of this act, and establishes penalties for violations of the Act.
By virtue of the authority vested in the Mayor of the District of Columbia by section 422(6) of the District of Columbia Home Rule Act of 1973, as amended, 87 Stat. 790, Pub. L. No. 93-198, DC Official Code § 1-204.22(6) (2001), and the “Act”, Mayor's Order 2008-90 was signed on June 23, 2008. The Order delegates to the Chief of the DC Fire and Emergency Medical Services Department the Mayor’s authority to implement and enforce the Act, as well as delegate the Mayor’s rulemaking authority pursuant to the Act to the Chief.
The Chief is delegated the authority vested in the Mayor to take any and all actions authorized pursuant to sections 4 through 7 of the Act, including but not limited to, receiving certifications, determining compliance, approving test methods and performance standards, approving alternative test methods, issuing re-certifications, and taking enforcement actions.
The Chief is also granted the authority to re-delegate his authority under the Order to subordinates within the Fire and Emergency Medical Services Department. The Chief is also authorized to enter into agreements with appropriate agencies to assist him in the implementation and enforcement of the Act pursuant to the authority delegated to the Chief.
All tobacco manufacturing companies offering cigarettes for sale in the District of Columbia must file a written certification with:
Bruce D. Faust
DC Fire Marshal
Fire Prevention Division
441 4th Street, NW, Suite 370 South
Washington, DC 20001
Pursuant to Section 5 of the Act, the written certification shall attest to the Mayor that its cigarettes have been tested in accordance with the Act and meets the test method and performance standards required under section 4 of the Act. The submission shall also include a description of each cigarette being certified including the:
(A) Brand;
(B) Style;
(C) Length in millimeters;
(D) Circumference in millimeters;
(E) Flavor; if applicable;
(F) Filter or non-filter;
(G) Package description, such as a soft pack or box; and
(H) Mark required pursuant to subsections 5(b) (1) and 5(b) (2) (A) or (B) of the Act.
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