Prohibits sale of cigarettes in Hawaii that are not reduced ignition propensity "fire-safe" beginning 7/1/2007. Requires state fire council to certify, test, and inspect cigarettes. Sets civil fines and requires attorney general to adopt rules to enforce law.

A BILL FOR AN ACT

SECTION 1. According to the National Fire Protection Association, cigarettes are the nation's leading cause of death by fire, resulting in about one thousand deaths, three thousand critical injuries, especially among firefighters, and about $400,000,000 in direct property damage annually. Fire-safe, or "reduced ignition propensity" cigarettes are wrapped in a special paper with ultra-thin bands that work like speed bumps to slow the burning of the cigarette when the smoker is not taking puffs. This makes it less likely for an unattended cigarette to continue burning and thus lowers the risk of discarded cigarettes accidentally igniting bedding or upholstery. Left unsmoked, an abandoned or discarded reduced ignition cigarette would normally go out instead of causing a potentially fatal fire.

California, New York, Vermont, and Canada have implemented reduced ignition propensity cigarettes laws. Before California enacted its law, researchers at the Harvard School of Public Health found that, while not perfectly self-extinguishing, reduced ignition propensity cigarettes sold in New York were far less likely to burn to the end than cigarettes of the same brands in California and Massachusetts. Only ten per cent of a sample of five major cigarette brands sold in New York had a "full burn" compared to 99.8 per cent of the California and Massachusetts cigarettes tested.

The purpose of this Act is to require only reduced ignition propensity cigarettes to be sold in the State.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

§   -1 Purpose. It is the intent of this chapter to require that only reduced ignition propensity cigarettes be sold in the State. Although these cigarettes are not guaranteed to self-extinguish, they are expected to reduce fires and related personal injury and property damage caused by cigarette smoking.

§   -2 Definitions. For the purposes of this chapter, unless the context otherwise requires:

"Cigarette" has the meaning as defined in section 245-1.

"Dealer" has the meaning as defined in section 245-1.

"Manufacturer" means any person or a successor that manufactures or produces cigarettes or causes cigarettes to be manufactured or produced, whether in the State or outside of the State, and intends to sell the cigarettes in Hawaii directly or through an importer, including any first purchaser that intends to resell cigarettes.

"Quality control and quality assurance program" means laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors, and equipment-related problems do not affect the results of the testing and to ensure that the testing repeatability remains within the required repeatability value for any test trial used to certify cigarettes under this section.

"Repeatability" means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall ninety-five percent of the time.

"Sale" or "selling" means any transfer of title or possession, exchange, or barter, conditional or otherwise, and includes the giving of cigarettes as samples, prizes, or gifts and the exchange of cigarettes for any consideration.

"Wholesaler" has the meaning as defined in section 245-1.

§   -3 Cigarettes; reduced ignition propensity. No cigarettes may be manufactured in this State or sold or offered for sale to any person in this State unless the cigarettes have been tested in accordance with the test method and meet the performance standard specified in this section and the manufacturer has filed a written certification with the state fire council pursuant to section 132-16 in accordance with section    -4. The performance standard for cigarettes sold or offered for sale in this State includes all the following:

§   -4 Certification; marking. (a) Each manufacturer shall submit to the state fire council written certification attesting that each cigarette has been tested in accordance with and has met the performance standard required under section    -3. The description of each cigarette listed in the certification shall include:

Upon request, this certification shall be made available to the attorney general. Each cigarette certified under this subsection shall be recertified every three years.

(b) Cigarettes that have been certified pursuant to subsection (a) shall be marked pursuant to the following requirements:

(c) A manufacturer shall provide a copy of certifications to all wholesalers to which the manufacturer sells cigarettes and shall provide sufficient copies of an illustration of the packaging marking approved and used by the manufacturer pursuant to subsection (b) for each of the dealers that purchases cigarettes from any of those wholesalers. Wholesalers shall provide a copy of the illustration to all dealers to which they sell cigarettes. Wholesalers and dealers shall permit the state fire council to inspect markings on cigarette packaging at any time.

§   -5 Rules; state fire council. The state fire council:

§   -6 Penalties; enforcement. (a) The following civil penalties may be assessed:

(b) In addition to any other remedy provided by law, the attorney general may file an action for a violation of this section, including petitioning for injunctive relief, recovery of costs or damages suffered by the State as the result of a violation of this section, including enforcement costs relating to the specific violation and attorney fees. In any such action, the attorney general shall have the same authority to investigate and obtain remedies, except civil penalties under subsection (a), as if the action were brought pursuant to section 708-870 relating to deceptive business practices. Each violation of this chapter or of any rule adopted under this chapter shall constitute a separate civil violation for which the attorney general may obtain relief.

(c) Enforcement of this chapter shall be under the jurisdiction of the attorney general. The attorney general may seek assistance in the enforcement of this chapter from the state fire council and other law enforcement agencies. Notwithstanding the existence of other remedies at law, the attorney general may apply for a temporary or permanent injunction restraining any person from violating or continuing to violate this chapter. The injunction shall be issued without bond."

SECTION 3. Chapter 28, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§28-   Reduced ignition propensity cigarettes law; enforcement. The attorney general shall adopt rules to implement the enforcement of the reduced ignition propensity cigarettes law pursuant to chapter       ."

SECTION 4. Section 132-16, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) The state fire council [may also]:

SECTION 5. Nothing in this Act shall be construed to prohibit any person from manufacturing or selling cigarettes that do not meet the requirements of chapter     , Hawaii Revised Statutes, if the cigarettes are stamped for sale in another state or are to be sold outside the United States.

SECTION 6. The requirement that cigarettes sold in Hawaii must be in compliance with section 2 of this Act shall not prohibit wholesalers or dealers from selling existing cigarette inventories on or after July 1, 2007; provided the wholesaler or dealer can establish both of the following to the satisfaction of the attorney general:

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect on July 1, 2007.