ORS 476.770
Determination of cigarette variety ignition propensity

  • reduced ignition propensity standard
  • listing
  • cigarette design
  • rules

(1)

For each variety of cigarette sold or proposed for sale in this state, the State Fire Marshal shall determine whether that variety of cigarette has reduced ignition propensity.

(2)

Any cigarette variety certified by a manufacturer under ORS 476.780 (Cigarette variety certification by manufacturer) shall be determined to have reduced ignition propensity.

(3)

Except as provided in this section, ignition propensity testing certified, conducted or accepted by a manufacturer or the State Fire Marshal must be performed using ASTM International specification E2187-04, Standard Test Method for Measuring the Ignition Strength of Cigarettes. The ignition propensity testing must be conducted on 10 layers of filter paper. Forty replicate tests shall constitute a complete test trial for each cigarette variety tested. The fire safety performance standard described in subsection (6) of this section applies only to a completed test trial.

(4)

The State Fire Marshal may adopt an ignition propensity testing method developed by ASTM International as a modification or replacement of the method designated by subsection (3) of this section if the State Fire Marshal, by rule, deems the modified or replacement method acceptable for determining cigarette fire safety. However, the State Fire Marshal may not adopt a modified or replacement method that in repeated testing results in a change in the percentage of cigarettes exhibiting full-length burns from the percentage produced on the same variety of cigarettes by use of the ASTM E2187-04 method or that otherwise affects the ability of the cigarette to meet the fire safety performance standard described in subsection (6) of this section.

(5)

If the State Fire Marshal determines that ignition propensity testing cannot be performed on a cigarette using a method described in subsection (3) or (4) of this section, the manufacturer may propose an alternative testing method and an alternative fire safety performance standard for the variety. If the State Fire Marshal approves the alternative testing method and determines that the alternative fire safety performance standard is equivalent to the fire safety performance standard described in subsection (6) of this section, the manufacturer may use the alternative testing method and the alternative fire safety performance standard for the purpose of certifying the variety of cigarette under ORS 476.780 (Cigarette variety certification by manufacturer). Except as provided under the approved alternative testing method and the alternative fire safety performance standard, a cigarette variety described in this subsection remains subject to ORS 476.755 (Definitions for ORS 476.755 to 476.790 and 476.995) to 476.790 (Providing copies of cigarette certification and illustration of packaging markings) and 476.995 (Penalty for violation of ORS 476.760).

(6)

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.

(7)

The State Fire Marshal shall issue, keep current and make available to the public a list of the cigarette varieties the State Fire Marshal has determined to have reduced ignition propensity.

(8)

A cigarette listed in a certification under ORS 476.780 (Cigarette variety certification by manufacturer) that uses 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 and:

(a)

If the cigarette is filtered, that are located at least 10 millimeters from the filter end of the tobacco column; or

(b)

If the cigarette is nonfiltered, that are located at least 10 millimeters from the labeled end of the tobacco column. [2007 c.34 §5]
Note: See note under 476.755 (Definitions for ORS 476.755 to 476.790 and 476.995).

Source: Section 476.770 — Determination of cigarette variety ignition propensity; reduced ignition propensity standard; listing; cigarette design; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors476.­html.

476.005
Definitions
476.010
Additional definitions
476.020
State Fire Marshal
476.030
Powers and duties of marshal and deputies generally
476.033
Discretionary powers of State Fire Marshal
476.035
Adjustments and variances in application of statutes and regulations
476.040
Deputies and assistants
476.050
Payment of salaries and expenses
476.055
State Fire Marshal Fund
476.060
Local officers and constables as assistants to State Fire Marshal
476.070
Entering buildings and premises
476.090
Records of fires
476.110
State police to enforce fire laws
476.113
Designation of regions
476.115
Functions of regional appeal advisory boards
476.120
Minimum standards for protection of life and property
476.130
Statistical reports
476.132
Wildfire readiness and response capacity
476.150
Entry and inspection of premises
476.155
When judges authorized to issue inspection warrants
476.160
Circumstances under which warrant may be issued
476.165
Establishing cause to issue warrant
476.170
Execution of warrant
476.175
Contents of citation or order
476.210
Investigation of fires by municipal officers and constables
476.220
Report by officer investigating fire
476.230
Taking statements of persons knowing facts
476.240
Supplying information to and requesting action by district attorney
476.250
District attorney summoning witnesses and requiring production of documents
476.260
District attorney assisting investigation of fires
476.270
Insurance company reports of suspicious fires
476.280
Municipal fire departments and rural fire protection districts authorized to extinguish fires in unprotected areas
476.290
Billing owner of property for cost of extinguishing fire
476.310
Zoning and rezoning of certain lands
476.320
Determination of form of fire protection for lands in zone 1
476.330
Prevention and control of fires in zone 2
476.340
Establishment of rural fire protection districts in zone 2
476.380
Fire permits
476.390
Definition
476.392
Minimum defensible space requirements
476.394
Limitations on use of minimum defensible space requirements
476.396
Community Risk Reduction Fund
476.398
Biannual reports
476.410
Standard thread hose couplings and hydrant fittings required
476.420
Standardization of existing fire protection equipment
476.430
Changing private equipment
476.440
Sale of nonstandard equipment prohibited
476.510
Short title
476.515
Other officers authorized to act when Governor unavailable
476.520
Governor authorized to assign fire-fighting forces and equipment
476.530
Chief executive of political subdivision to assign forces and equipment
476.540
Powers and duties of fire-fighting forces
476.550
Loss or damage to equipment
476.560
Reimbursement for aid
476.570
Appointment of substitute firefighters
476.574
Leave of absence for volunteers
476.576
Violation of job restoration rights of volunteers as unlawful employment practice
476.580
Orders, rules and regulations
476.590
Preparation of plans by State Fire Marshal
476.600
Liability for injury to person or property
476.610
Payment of claims
476.680
Governor’s Fire Service Policy Council
476.685
Biennial reports
476.687
State Wildfire Programs Director
476.690
Wildfire Programs Advisory Council
476.694
Oregon Conservation Corps Program
476.696
Oregon Conservation Corps Advisory Committee
476.698
Oregon Conservation Corps Fund
476.710
Setting fires adjacent to structures or timber on ocean shore prohibited
476.715
Throwing away of lighted matches, cigarettes and other materials prohibited
476.720
Certain remedial statutes to be construed liberally
476.725
Statewide standards for residential carbon monoxide alarms
476.730
Notice prior to release or after escape of arsonist from state institution
476.735
Sky lantern prohibition
476.755
Definitions for ORS 476.755 to 476.790 and 476.995
476.760
Prohibition against distributing or offering certain cigarettes
476.765
Imposition of civil penalties
476.770
Determination of cigarette variety ignition propensity
476.775
Laboratories
476.780
Cigarette variety certification by manufacturer
476.785
Cigarette packaging markings
476.790
Providing copies of cigarette certification and illustration of packaging markings
476.795
Interpretation of ORS 476.755 to 476.790 and 476.995
476.801
Cigarette varieties not subject to ORS 476.755 to 476.790 and 476.995
476.806
Cigarette Fire Safety Fund
476.831
Definitions for ORS 476.831 to 476.856
476.836
Identification of novelty lighters
476.841
Prohibition against sale or distribution of novelty lighters
476.846
Compliance inspections
476.851
Agreements with State Fire Marshal representatives
476.856
Attorney General actions to enforce ORS 476.841 and 476.846
476.900
Application by certain cities and rural fire protection districts to borrow money from loan fund
476.905
Approval of application by State Fire Marshal
476.910
Loan agreement
476.915
Source of revenue to repay loan
476.920
Rules
476.925
Fire Protection Equipment Loan Fund
476.990
Penalties
476.995
Penalty for violation of ORS 476.760
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