Browse Arkansas Code titles and sections
20-27-2105. Certification and product change.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-27-2105. Certification and product change.
(a) A manufacturer shall submit to the Director of Arkansas Tobacco Control a written certification attesting that each cigarette listed in the certification:
(1) Has been tested within the last thirty-six (36) months in accordance with § 20-27-2104; and
(2) Meets the performance standard under § 20-27-2104.
(b) A cigarette listed in the certification shall be described with the following information:
(1) Brand or trade name on the package;
(2) Style, such as light or ultra light;
(3) Length in millimeters;
(4) Circumference in millimeters;
(5) Flavor, such as menthol or chocolate, if applicable;
(6) Filter or nonfilter;
(7) Package description, such as soft pack or box;
(8) Marking under § 20-27-2106;
(9) The name, address, and telephone number of the laboratory if different than the manufacturer that conducted the test; and
(10) The date that the testing occurred.
(c) The director shall make the certifications available to the Attorney General and the Secretary of the Department of Finance and Administration for purposes consistent with this subchapter.
(d) A cigarette certified under this section shall be recertified every three (3) years.
(e)(1)(A) For each brand family of cigarettes listed for certification, a manufacturer shall pay a fee of one thousand dollars ($1,000) to the director.
(B) The fee shall be applied to all cigarettes within the certified brand family and shall include any new cigarette certified within the brand family during the three-year certification period.
(2) The director may adjust annually this fee to ensure it defrays the actual costs of processing, enforcement, and oversight activities required by this subchapter.
(f)(1) If a manufacturer has certified
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-27-2105
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:20-27-2105
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 0172ff870f07a2236e8b701cf5d1b31f93f081162b1e1ed55be9cc69b2fdda59
Source location: content.xml paragraph 24173
Stored source content
20-27-2105. Certification and product change.
(a) A manufacturer shall submit to the Director of Arkansas Tobacco Control a written certification attesting that each cigarette listed in the certification:
(1) Has been tested within the last thirty-six (36) months in accordance with § 20-27-2104; and
(2) Meets the performance standard under § 20-27-2104.
(b) A cigarette listed in the certification shall be described with the following information:
(1) Brand or trade name on the package;
(2) Style, such as light or ultra light;
(3) Length in millimeters;
(4) Circumference in millimeters;
(5) Flavor, such as menthol or chocolate, if applicable;
(6) Filter or nonfilter;
(7) Package description, such as soft pack or box;
(8) Marking under § 20-27-2106;
(9) The name, address, and telephone number of the laboratory if different than the manufacturer that conducted the test; and
(10) The date that the testing occurred.
(c) The director shall make the certifications available to the Attorney General and the Secretary of the Department of Finance and Administration for purposes consistent with this subchapter.
(d) A cigarette certified under this section shall be recertified every three (3) years.
(e)(1)(A) For each brand family of cigarettes listed for certification, a manufacturer shall pay a fee of one thousand dollars ($1,000) to the director.
(B) The fee shall be applied to all cigarettes within the certified brand family and shall include any new cigarette certified within the brand family during the three-year certification period.
(2) The director may adjust annually this fee to ensure it defrays the actual costs of processing, enforcement, and oversight activities required by this subchapter.
(f)(1) If a manufacturer has certified a cigarette under this section and subsequently makes a change to the cigarette that is likely to alter its compliance with the reduced cigarette ignition propensity standards required by this subchapter, the cigarette shall not be sold or offered for sale in this state until the manufacturer retests the cigarette in accordance with the testing standards under § 20-27-2104.
(2) An altered cigarette that does not meet the performance standard in § 20-27-2104 shall not be sold in this state.
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Arkansas Code — all titles (historical 2020) · legal_authorities
20-27-2104. Test method and performance standard — Definition.
(a) Except as provided in subsection (h) of this section, cigarettes shall not be offered for sale in this state or offered for sale or sold to persons located in this state unless:
(1) The cigarettes have been tested in accordance with the test method and meet the performance standard specified in this section;
(2) A written certification has been filed by the manufacturer with the Director of Arkansas Tobacco Control under § 20-27-2105; and
(3) The cigarettes have been marked in accordance with § 20-27-2106.
(b)(1) Testing of cigarettes shall be conducted in accordance with the ASTM International standard E2187-04: Standard Test Method for Measuring the Ignition Strength of Cigarettes.
(2) Testing shall be conducted on ten (10) layers of filter paper.
(3)(A) No more than twenty-five percent (25%) of the cigarettes tested in a test trial under this section shall exhibit full-length burns.
(B) Forty (40) replicate tests shall compose a complete test trial for each cigarette tested.
(4) The performance standard required by this section shall be applied only to a complete test trial.
(5) Written certifications shall be based on testing conducted by a laboratory that has been accredited under standard ISO/IEC 17025 of the International Organization for Standardization or other comparable accreditation standard required by the director.
(6)(A) Laboratories conducting testing under this section shall implement a quality control and quality assurance program that includes a procedure that will determine the repeatability of the testing results.
(B) The repeatability value shall be no greater than nineteen hundredths (0.19).
(7) This section does not require additional testing if cigarette
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-27-2104
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-27-2104. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-27-2106. Marking of cigarette packaging.
(a)(1) Cigarettes that are certified by a manufacturer under § 20-27-2105 shall be marked to indicate compliance with the requirements of § 20-27-2104.
(2) The marking shall be in 8-point type or larger and consist of the letters “FSC”, which signifies Fire Standard Compliant, permanently printed, stamped, engraved, or embossed on the package at or near the UPC code.
(b) A manufacturer shall use only one (1) marking and shall apply the marking uniformly for all packages, including without limitation to packs, cartons, and cases, and brands marketed by the manufacturer.
(c)(1) Manufacturers certifying cigarettes under § 20-27-2105 shall provide a copy of the certifications to all wholesalers to which they sell cigarettes.
(2) Wholesalers and retailers shall permit the Director of Arkansas Tobacco Control, the Director of the Department of Finance and Administration, the Attorney General, and their employees to inspect markings of cigarette packaging marked in accordance with this section.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-27-2106
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-27-2106. This identifies an authority to review, not proof of applicability.