HCS HB 205 -- FIRE SAFETY STANDARD AND FIREFIGHTER PROTECTION ACT
(Parson)

COMMITTEE OF ORIGIN:  Special Committee on General Laws

This substitute establishes the Fire Safety Standard and
Firefighter Protection Act which prohibits the sale of any
cigarette in this state that has not been tested, certified, and
marked that it has met certain performance standards.  Any
manufacturer, wholesale dealer, agent, or other person or entity
who violates this requirement other than through retail sale may
be fined up to $100 per pack of cigarettes sold or offered for
sale.  No penalty against a manufacturer, wholesale dealer, or
agent can exceed $100,000 during any 30-day period, and no
penalty against a retail dealer can exceed $25,000 during any
30-day period.  Any corporation, partnership, sole
proprietorship, limited partnership, or association engaged in
the manufacture of cigarettes that knowingly makes a false
certification will be subject to a penalty of between $75,000 and
$250,000.  Other violations of the act will result in a civil
fine of up to $1,000 for a first violation and up to $5,000 for a
subsequent offense.  Certain exemptions for sales prior to the
effective date of the substitute and for cigarettes used for
consumer testing are specified.

The Attorney General, Department of Revenue, or the State Fire
Marshal are authorized to enforce the provisions of the
substitute.  These entities may view business records related to
cigarettes that are suspected of nonconformity with the
substitute's requirements.  Methods for the seizure and disposal
of illegal cigarettes are specified; however, any person may
appeal to a court of competent jurisdiction for injunctive relief
prior to the destruction of any illegal cigarettes.  All fines
will be deposited into the newly created Cigarette Fire Safety
Standard and Firefighter Protection Act Fund which must be used
by the State Fire Marshal to support fire safety and prevention
programs.

Performance standard tests will be conducted in accordance with
the Standard Test Method for Measuring the Ignition Strength of
Cigarettes of the American Society of Testing and Materials
unless the State Fire Marshal determines that it is impossible
for the cigarette manufacturer to use this test method.

The substitute becomes effective September 1, 2011.

FISCAL NOTE:  No impact on General Revenue Fund in FY 2010,
FY 2011, and FY 2012.  Estimated Effect on Other State Funds of
an income of $0 in FY 2010, an income of $84,535 to Unknown in
FY 2011, and a cost of $54,194 to an income of Unknown in
FY 2012.

Missouri House of Representatives
95th General Assembly, 1st Regular Session
Last Updated November 17, 2009 at 9:24 am