| 1 | A bill to be entitled |
| 2 | An act relating to the Reduced Cigarette Ignition |
| 3 | Propensity Standard and Firefighter Protection Act; |
| 4 | creating s. 633.042, F.S.; providing a short title; |
| 5 | providing legislative findings and intent; providing |
| 6 | definitions; providing cigarette testing methods and |
| 7 | performance standards; providing specific testing |
| 8 | criteria; requiring manufacturers to provide certain |
| 9 | written certification; requiring cigarettes to be marked |
| 10 | in specific manners; providing for alternative testing |
| 11 | methods under certain circumstances; providing reporting |
| 12 | requirements; providing the Division of Alcoholic |
| 13 | Beverages and Tobacco and the State Fire Marshal with |
| 14 | certain powers and responsibilities; providing |
| 15 | certification requirements for manufacturers; providing |
| 16 | requirements for the marking of certain cigarette |
| 17 | packaging; providing reporting requirements; providing |
| 18 | approval requirements for markings submitted to the |
| 19 | division by a manufacturer; providing notification |
| 20 | requirements; providing fines and penalties; providing the |
| 21 | division and the State Fire Marshal with rulemaking |
| 22 | authority; authorizing certain governmental entities with |
| 23 | inspection powers to examine specified documents of any |
| 24 | person in possession, control, or occupancy of any |
| 25 | premises where cigarettes are placed, stored, sold, or |
| 26 | offered for sale, as well as the stock of cigarettes on |
| 27 | the premises; providing that nothing in the act shall be |
| 28 | construed to prohibit any person or entity from |
| 29 | manufacturing or selling cigarettes that do not meet the |
| 30 | specified requirements if such cigarettes are or will be |
| 31 | stamped for sale in another state or are packaged for sale |
| 32 | outside the United States; providing for repeal upon the |
| 33 | enactment of a preemptive federal standard; prohibiting |
| 34 | local government units from enacting and enforcing any |
| 35 | ordinance or other local law or regulation that conflicts |
| 36 | with, or is preempted by, any provision of the act; |
| 37 | providing effective dates. |
| 38 |
|
| 39 | Be It Enacted by the Legislature of the State of Florida: |
| 40 |
|
| 41 | Section 1. Section 633.042, Florida Statutes, is created |
| 42 | to read: |
| 43 | 633.042 Reduced Cigarette Ignition Propensity Standard and |
| 44 | Firefighter Protection Act.-- |
| 45 | (1) SHORT TITLE.--This section may be cited as the |
| 46 | "Reduced Cigarette Ignition Propensity Standard and Firefighter |
| 47 | Protection Act." |
| 48 | (2) LEGISLATIVE FINDINGS AND INTENT.--The Legislature |
| 49 | finds and declares that: |
| 50 | (a) Cigarettes are the leading cause of fire deaths in |
| 51 | this state and in the nation. |
| 52 | (b) Each year in the United States, between 700 and 900 |
| 53 | persons are killed and around 3,000 persons are injured in fires |
| 54 | ignited by cigarettes, while in this state 153 residential fires |
| 55 | and 5 fatalities were attributable to fires caused by cigarettes |
| 56 | in 2006. |
| 57 | (c) A high percentage of the victims of cigarette fires |
| 58 | are nonsmokers, including senior citizens and young children. |
| 59 | (d) Fires caused by cigarettes result in billions of |
| 60 | dollars in property losses and damages in the United States and |
| 61 | millions of dollars in property losses and damages in this |
| 62 | state. |
| 63 | (e) Cigarette fires unnecessarily jeopardize the safety of |
| 64 | firefighters and result in avoidable emergency response costs |
| 65 | for municipalities. |
| 66 | (f) In 2004, the State of New York implemented a cigarette |
| 67 | firesafety regulation requiring cigarettes sold in that state to |
| 68 | meet a firesafety performance standard; in 2005, Vermont and |
| 69 | California enacted cigarette firesafety laws directly |
| 70 | incorporating New York's regulation into statute; and in 2006, |
| 71 | Illinois, New Hampshire, and Massachusetts joined these states |
| 72 | in enacting similar laws. |
| 73 | (g) In 2005, Canada implemented the New York State |
| 74 | firesafety standard, becoming the first country to have a |
| 75 | nationwide cigarette firesafety standard. |
| 76 | (h) New York State's cigarette firesafety standard is |
| 77 | based upon decades of research by the National Institute of |
| 78 | Standards and Technology, Congressional research groups, and |
| 79 | private industry. This cigarette firesafety standard minimizes |
| 80 | costs to the state; minimally burdens cigarette manufacturers, |
| 81 | distributors, and retail sellers; and, therefore, should become |
| 82 | law in this state. |
| 83 | (i) It is therefore fitting and proper for this state to |
| 84 | adopt the cigarette firesafety standard that is in effect in the |
| 85 | State of New York to reduce the likelihood that cigarettes will |
| 86 | cause fires and result in deaths, injuries, and property |
| 87 | damages. |
| 88 | (3) DEFINITIONS.--For the purposes of this section: |
| 89 | (a) "Agent" means any person authorized by the Division of |
| 90 | Alcoholic Beverages and Tobacco of the Department of Business |
| 91 | and Professional Regulation to purchase and affix stamps on |
| 92 | packages of cigarettes. |
| 93 | (b) "Cigarette" means: |
| 94 | 1. Any roll for smoking, whether made wholly or in part of |
| 95 | tobacco or any other substance, irrespective of size or shape, |
| 96 | and whether such tobacco or substance is flavored, adulterated, |
| 97 | or mixed with any other ingredient, the wrapper or cover of |
| 98 | which is made of paper or any other substance or material other |
| 99 | than tobacco; or |
| 100 | 2. Any roll for smoking that is wrapped in any substance |
| 101 | containing tobacco and that, because of the type of tobacco used |
| 102 | in the filler or its packaging and labeling, is likely to be |
| 103 | offered to, or purchased by, consumers as a cigarette as |
| 104 | described in subparagraph 1. |
| 105 | (c) "Division" means the Division of Alcoholic Beverages |
| 106 | and Tobacco of the Department of Business and Professional |
| 107 | Regulation. |
| 108 | (d) "Manufacturer" means: |
| 109 | 1. Any entity that manufactures or produces, or causes to |
| 110 | be manufactured or produced, regardless of location, cigarettes |
| 111 | that such manufacturer intends to be sold in this state, |
| 112 | including cigarettes intended to be sold in the United States |
| 113 | through an importer; |
| 114 | 2. Any entity, regardless of location, that first |
| 115 | purchases cigarettes manufactured anywhere and not intended by |
| 116 | the original manufacturer or maker to be sold in the United |
| 117 | States and that intends to resell such cigarettes in the United |
| 118 | States; or |
| 119 | 3. Any entity that becomes a successor of an entity |
| 120 | described in subparagraph 1. or subparagraph 2. |
| 121 | (e) "Quality control and quality assurance program" means |
| 122 | laboratory procedures implemented to ensure that operator bias, |
| 123 | systematic and nonsystematic methodological errors, and |
| 124 | equipment-related problems do not affect the results of |
| 125 | laboratory testing. Such a program shall ensure that the testing |
| 126 | repeatability remains within the required repeatability values |
| 127 | stated in subparagraph (4)(a)6. for all test trials used to |
| 128 | certify cigarettes in accordance with this section. |
| 129 | (f) "Repeatability" means the range of values within which |
| 130 | the results of repeated cigarette test trials from a single |
| 131 | laboratory will fall 95 percent of the time. |
| 132 | (g) "Retail dealer" means: |
| 133 | 1. Any person, other than a manufacturer or wholesale |
| 134 | dealer, engaged in selling cigarettes; or |
| 135 | 2. Any person who owns, operates, or maintains one or more |
| 136 | cigarette or tobacco-product vending machines in, at, or upon |
| 137 | premises owned or occupied by any other person. |
| 138 | (h) "Sale" means any transfer of title or possession or |
| 139 | both, exchange or barter, conditional or otherwise, in any |
| 140 | manner or by any means whatever or any agreement therefor. In |
| 141 | addition to cash and credit sales, the giving of cigarettes as |
| 142 | samples, prizes, or gifts and the exchanging of cigarettes for |
| 143 | any consideration other than money are considered sales. |
| 144 | (i) "Sell" means to execute a sale or to offer or agree to |
| 145 | execute a sale. |
| 146 | (j) "Wholesale dealer" means any person, other than a |
| 147 | manufacturer, who sells cigarettes to retail dealers or other |
| 148 | persons for purposes of resale. |
| 149 | (4) TEST METHOD AND PERFORMANCE STANDARD.-- |
| 150 | (a) Except as provided in paragraph (f), no cigarettes may |
| 151 | be sold or offered for sale in this state, or sold or offered |
| 152 | for sale to persons located in this state, unless the cigarettes |
| 153 | have been tested in accordance with the test method and meet the |
| 154 | performance standard specified in this subsection, a written |
| 155 | certification has been filed by the manufacturer with the |
| 156 | division in accordance with subsection (5), and the cigarettes |
| 157 | have been marked in accordance with subsection (6). |
| 158 | 1. Testing of cigarettes shall be conducted in accordance |
| 159 | with the American Society for Testing and Materials standard |
| 160 | E2187-04, "Standard Test Method for Measuring the Ignition |
| 161 | Strength of Cigarettes." |
| 162 | 2. Testing shall be conducted on 10 layers of filter |
| 163 | paper. |
| 164 | 3. No more than 25 percent of the cigarettes tested in a |
| 165 | test trial in accordance with this subsection shall exhibit |
| 166 | full-length burns. Forty replicate tests shall comprise a |
| 167 | complete test trial for each cigarette tested. |
| 168 | 4. The performance standard required by this subsection |
| 169 | shall only be applied to a complete test trial. |
| 170 | 5. Written certifications shall be based upon testing |
| 171 | conducted by a laboratory that has been accredited pursuant to |
| 172 | standard ISO/IEC 17025 of the International Organization for |
| 173 | Standardization or another comparable accreditation standard |
| 174 | required by the State Fire Marshal. |
| 175 | 6. Laboratories conducting testing in accordance with this |
| 176 | subsection shall implement a quality control and quality |
| 177 | assurance program that includes a procedure that will determine |
| 178 | the repeatability of the testing results. The repeatability |
| 179 | value shall be no greater than 0.19. |
| 180 | 7. This subsection does not require additional testing if |
| 181 | cigarettes are tested consistently with this section for any |
| 182 | other purpose. |
| 183 | 8. The State Fire Marshal may, in his or her discretion or |
| 184 | upon the request of the division, perform or sponsor testing to |
| 185 | determine a cigarette's compliance with the required performance |
| 186 | standard. Any such discretionary compliance testing by the State |
| 187 | Fire Marshal shall be conducted in accordance with this |
| 188 | subsection. |
| 189 | (b) Each cigarette listed in a certification submitted |
| 190 | pursuant to subsection (5) that uses lowered permeability bands |
| 191 | in the cigarette paper to achieve compliance with the |
| 192 | performance standard set forth in this subsection shall have at |
| 193 | least two nominally identical bands on the paper surrounding the |
| 194 | tobacco column. At least one complete band shall be located at |
| 195 | least 15 millimeters from the lighting end of the cigarette. For |
| 196 | cigarettes on which the bands are positioned by design, there |
| 197 | shall be at least two bands fully located at least 15 |
| 198 | millimeters from the lighting end and 10 millimeters from the |
| 199 | filter end of the tobacco column, or 10 millimeters from the |
| 200 | labeled end of the tobacco column for nonfiltered cigarettes. |
| 201 | (c) A manufacturer of a cigarette that the State Fire |
| 202 | Marshal determines cannot be tested in accordance with the test |
| 203 | method prescribed in subparagraph (a)1. shall propose a test |
| 204 | method and performance standard for the cigarette to the State |
| 205 | Fire Marshal. Upon approval of the proposed test method and a |
| 206 | determination by the State Fire Marshal that the performance |
| 207 | standard proposed by the manufacturer is equivalent to the |
| 208 | performance standard prescribed in subparagraph (a)3., the |
| 209 | manufacturer may employ such test method and performance |
| 210 | standard to certify such cigarette pursuant to subsection (5). |
| 211 | If the State Fire Marshal determines that another state has |
| 212 | enacted reduced cigarette ignition propensity standards that |
| 213 | include a test method and performance standard that are the same |
| 214 | as those contained in this section, and if the State Fire |
| 215 | Marshal finds that the officials responsible for implementing |
| 216 | those requirements have approved the proposed alternative test |
| 217 | method and performance standard for a particular cigarette |
| 218 | proposed by a manufacturer as meeting the firesafety standards |
| 219 | of that state's law or regulation under a legal provision |
| 220 | comparable to this subsection, the State Fire Marshal shall |
| 221 | authorize that manufacturer to employ the alternative test |
| 222 | method and performance standard to certify that cigarette for |
| 223 | sale in this state unless the State Fire Marshal demonstrates a |
| 224 | reasonable basis why the alternative test should not be accepted |
| 225 | under this section. All other applicable requirements of this |
| 226 | subsection shall apply to the manufacturer. |
| 227 | (d) Each manufacturer shall maintain copies of the reports |
| 228 | of all tests conducted on all cigarettes offered for sale for a |
| 229 | period of 3 years and shall make copies of the reports available |
| 230 | to the division, the State Fire Marshal, and the Attorney |
| 231 | General upon written request. Any manufacturer who fails to make |
| 232 | copies of the reports available within 60 days after receiving a |
| 233 | written request shall be subject to a civil penalty not to |
| 234 | exceed $10,000 for each day after the 60th day that the |
| 235 | manufacturer does not make such copies available. |
| 236 | (e) The State Fire Marshal may adopt a subsequent American |
| 237 | Society for Testing and Materials Standard Test Method for |
| 238 | Measuring the Ignition Strength of Cigarettes upon a finding |
| 239 | that such subsequent method does not result in a change in the |
| 240 | percentage of full-length burns exhibited by any tested |
| 241 | cigarette when compared to the percentage of full-length burns |
| 242 | the same cigarette would exhibit when tested in accordance with |
| 243 | American Society for Testing and Materials Standard E2187-04 and |
| 244 | the performance standard in subparagraph (a)3. |
| 245 | (f) The requirements of paragraph (a) shall not prohibit: |
| 246 | 1. Wholesale or retail dealers from selling their existing |
| 247 | inventory of cigarettes on or after the effective date of this |
| 248 | section if the wholesale or retail dealer can establish that |
| 249 | state tax stamps were affixed to the cigarettes prior to the |
| 250 | effective date and the wholesale or retail dealer can establish |
| 251 | that the inventory was purchased prior to the effective date in |
| 252 | comparable quantity to the inventory purchased during the same |
| 253 | period of the prior year; or |
| 254 | 2. The sale of cigarettes solely for the purpose of |
| 255 | consumer testing. For purposes of this subparagraph, the term |
| 256 | "consumer testing" means an assessment of cigarettes that is |
| 257 | conducted by or is under the control and direction of a |
| 258 | manufacturer for the purpose of evaluating consumer acceptance |
| 259 | of such cigarettes and that uses only the quantity of cigarettes |
| 260 | that is reasonably necessary for such assessment. |
| 261 | (g) It is the intent of the Legislature by this section to |
| 262 | promote uniformity among the states in the regulation of reduced |
| 263 | cigarette ignition propensity. As a result, the resolution of |
| 264 | issues regarding the interpretation and implementation of this |
| 265 | section should be made in a manner consistent with the New York |
| 266 | Fire Safety Standards for Cigarettes, New York Executive Law, |
| 267 | Section 156-C, as amended, and Part 429 of Title 19 New York |
| 268 | Codes, Rules, and Regulations, as amended, and the |
| 269 | interpretation and implementation thereof, as they exist on |
| 270 | March 1, 2008. |
| 271 | (5) CERTIFICATION AND PRODUCT CHANGE.-- |
| 272 | (a) Each manufacturer shall submit to the division a |
| 273 | written certification attesting that: |
| 274 | 1. Each cigarette listed in the certification has been |
| 275 | tested in accordance with subsection (4). |
| 276 | 2. Each cigarette listed in the certification meets the |
| 277 | performance standard set forth in subsection (4). |
| 278 | (b) Each cigarette listed in the certification shall be |
| 279 | described with the following information: |
| 280 | 1. Brand, or trade name, on the package. |
| 281 | 2. Style, such as light or ultra light. |
| 282 | 3. Length in millimeters. |
| 283 | 4. Circumference in millimeters. |
| 284 | 5. Flavor, such as menthol or chocolate, if applicable. |
| 285 | 6. Filter or nonfilter. |
| 286 | 7. Package description, such as soft pack or box. |
| 287 | 8. Marking pursuant to subsection (6). |
| 288 | 9. The name, address, and telephone number of the testing |
| 289 | laboratory, if different from the name, address, and telephone |
| 290 | number of the manufacturer that conducted the test. |
| 291 | 10. The date the testing occurred. |
| 292 | (c) Each certification shall be made available to the |
| 293 | Attorney General for purposes consistent with this section and |
| 294 | to the State Fire Marshal for the purposes of ensuring |
| 295 | compliance with this subsection. |
| 296 | (d) Each cigarette certified under this subsection shall |
| 297 | be recertified every 3 years. |
| 298 | (e) If a manufacturer has certified a cigarette pursuant |
| 299 | to this subsection and thereafter makes any change to such |
| 300 | cigarette that is likely to alter its compliance with the |
| 301 | reduced cigarette ignition propensity standards required by this |
| 302 | section, that cigarette shall not be sold or offered for sale in |
| 303 | this state until the manufacturer retests the cigarette in |
| 304 | accordance with the testing standards set forth in subsection |
| 305 | (4) and maintains records of that retesting as required by |
| 306 | subsection (4). Any altered cigarette that does not meet the |
| 307 | performance standard set forth in subsection (4) may not be sold |
| 308 | in this state. |
| 309 | (6) MARKING OF CIGARETTE PACKAGING.-- |
| 310 | (a) Cigarettes that are certified by a manufacturer in |
| 311 | accordance with subsection (5) shall be marked to indicate |
| 312 | compliance with the requirements of subsection (4). The marking |
| 313 | shall be in 8-point type or larger and consist of: |
| 314 | 1. Modification of the universal product code to include a |
| 315 | visible mark printed at or around the area of the universal |
| 316 | product code. The mark may consist of alphanumeric or symbolic |
| 317 | characters permanently stamped, engraved, embossed, or printed |
| 318 | in conjunction with the universal product code; |
| 319 | 2. Any visible combination of alphanumeric or symbolic |
| 320 | characters permanently stamped, engraved, or embossed upon the |
| 321 | cigarette package or cellophane wrap; or |
| 322 | 3. Printed, stamped, engraved, or embossed text that |
| 323 | indicates that the cigarettes meet the standards of this |
| 324 | section. |
| 325 | (b) A manufacturer shall use only one marking and shall |
| 326 | apply this marking uniformly for all brands and all packages, |
| 327 | including, but not limited to, packs, cartons, and cases, |
| 328 | marketed by that manufacturer. |
| 329 | (c) The division shall be notified as to the marking that |
| 330 | is selected. |
| 331 | (d) Prior to the certification of any cigarette, a |
| 332 | manufacturer shall present its proposed marking to the division |
| 333 | for approval. Upon receipt of the request, the division shall |
| 334 | approve or disapprove the marking offered, except that the |
| 335 | division shall approve: |
| 336 | 1. Any marking in use and approved for sale in the State |
| 337 | of New York pursuant to the New York Fire Safety Standards for |
| 338 | Cigarettes; or |
| 339 | 2. The letters "FSC," which signify "Fire Standards |
| 340 | Compliant," appearing in 8-point type or larger and permanently |
| 341 | printed, stamped, engraved, or embossed on the package at or |
| 342 | near the universal product code. |
| 343 | |
| 344 | Proposed markings shall be deemed approved if the division fails |
| 345 | to act within 10 business days after receiving a request for |
| 346 | approval. |
| 347 | (e) No manufacturer shall modify its approved marking |
| 348 | unless the modification has been approved by the division in |
| 349 | accordance with this subsection. |
| 350 | (f) Manufacturers certifying cigarettes in accordance with |
| 351 | subsection (5) shall provide a copy of the certifications to all |
| 352 | wholesale dealers and agents to which they sell cigarettes and |
| 353 | shall also provide sufficient copies of an illustration of the |
| 354 | package marking used by the manufacturer pursuant to this |
| 355 | subsection for each retail dealer to which the wholesale dealers |
| 356 | or agents sell cigarettes. Wholesale dealers and agents shall |
| 357 | provide a copy of these package markings received from |
| 358 | manufacturers to all retail dealers to which they sell |
| 359 | cigarettes. Wholesale dealers, agents, and retail dealers shall |
| 360 | permit the division, the State Fire Marshal, the Attorney |
| 361 | General, and their employees to inspect markings of cigarette |
| 362 | packaging marked in accordance with this subsection. |
| 363 | (7) PENALTIES.-- |
| 364 | (a) A manufacturer, wholesale dealer, agent, or any other |
| 365 | person or entity that knowingly sells or offers to sell |
| 366 | cigarettes, other than through retail sale, in violation of |
| 367 | subsection (4) shall be subject to a civil penalty not to exceed |
| 368 | $100 for each pack of such cigarettes sold or offered for sale. |
| 369 | In no case shall the penalty against any such person or entity |
| 370 | exceed $100,000 during any 30-day period. |
| 371 | (b) A retail dealer who knowingly sells or offers to sell |
| 372 | cigarettes in violation of subsection (4) shall be subject to a |
| 373 | civil penalty not to exceed $100 for each pack of such |
| 374 | cigarettes sold or offered for sale. In no case shall the |
| 375 | penalty against any retail dealer exceed $25,000 during any 30- |
| 376 | day period. |
| 377 | (c) In addition to any penalty prescribed by law, any |
| 378 | corporation, partnership, sole proprietor, limited partnership, |
| 379 | or association engaged in the manufacture of cigarettes that |
| 380 | knowingly makes a false certification pursuant to subsection (5) |
| 381 | shall be subject to a civil penalty of at least $75,000 and not |
| 382 | to exceed $250,000 for each such false certification. |
| 383 | (d) Any person violating any other provision of this |
| 384 | section shall be subject to a civil penalty not to exceed $1,000 |
| 385 | for a first offense and not to exceed $5,000 for each subsequent |
| 386 | offense. |
| 387 | (e) Any penalties collected under this subsection shall be |
| 388 | deposited into the Insurance Regulatory Trust Fund of the |
| 389 | Department of Financial Services to support costs associated |
| 390 | with the responsibilities of the State Fire Marshal under this |
| 391 | section. |
| 392 | (f) In addition to any other remedy provided by law, the |
| 393 | division, the State Fire Marshal, or the Attorney General may |
| 394 | file an action in circuit court for a violation of this section, |
| 395 | including petitioning for injunctive relief or to recover any |
| 396 | costs or damages suffered by the state because of a violation of |
| 397 | this section, including enforcement costs relating to the |
| 398 | specific violation and attorney's fees. Each violation of this |
| 399 | section or of rules adopted under this section constitutes a |
| 400 | separate civil violation for which the division, the State Fire |
| 401 | Marshal, or the Attorney General may obtain relief. |
| 402 | (g) Whenever any law enforcement personnel or duly |
| 403 | authorized representative of the division discovers any |
| 404 | cigarettes that have not been marked in the manner required by |
| 405 | subsection (6), such personnel or representative is authorized |
| 406 | and empowered to seize and take possession of such cigarettes. |
| 407 | Such cigarettes shall be turned over to the division and shall |
| 408 | be forfeited to the state. Cigarettes seized pursuant to this |
| 409 | paragraph shall be destroyed; however, prior to the destruction |
| 410 | of any such cigarette, the true holder of the trademark rights |
| 411 | in the cigarette brand shall be permitted to inspect the |
| 412 | cigarette. |
| 413 | (8) IMPLEMENTATION.-- |
| 414 | (a) The division and the State Fire Marshal may adopt |
| 415 | rules to implement the provisions of this section. |
| 416 | (b) The division, in the regular course of conducting |
| 417 | inspections of wholesale dealers, agents, and retail dealers as |
| 418 | authorized pursuant to chapter 210, may inspect such cigarettes |
| 419 | to determine if the cigarettes are marked as required by |
| 420 | subsection (6). |
| 421 | (9) INSPECTION.--To enforce the provisions of this |
| 422 | section, the Attorney General, the State Fire Marshal, the |
| 423 | division, and their duly authorized representatives and other |
| 424 | law enforcement personnel are authorized to examine the books, |
| 425 | papers, invoices, and other records of any person in possession, |
| 426 | control, or occupancy of any premises where cigarettes are |
| 427 | placed, stored, sold, or offered for sale, as well as the stock |
| 428 | of cigarettes on the premises. Every person in the possession, |
| 429 | control, or occupancy of any premises where cigarettes are |
| 430 | placed, sold, or offered for sale is directed and required to |
| 431 | give the Attorney General, the State Fire Marshal, the division, |
| 432 | and their duly authorized representatives and other law |
| 433 | enforcement personnel the means, facilities, and opportunity for |
| 434 | the examinations authorized by this subsection. |
| 435 | (10) SALE OUTSIDE OF FLORIDA.--Nothing in this section |
| 436 | shall be construed to prohibit any person or entity from |
| 437 | manufacturing or selling cigarettes that do not meet the |
| 438 | requirements of subsection (4) if the cigarettes are or will be |
| 439 | stamped for sale in another state or are packaged for sale |
| 440 | outside the United States and that person or entity has taken |
| 441 | reasonable steps to ensure that such cigarettes will not be sold |
| 442 | or offered for sale to persons located in this state. |
| 443 | (11) PREEMPTION.--This section shall be repealed if a |
| 444 | federal reduced cigarette ignition propensity standard that |
| 445 | preempts this section is adopted and becomes effective. |
| 446 | Section 2. Effective upon this act becoming a law, and |
| 447 | notwithstanding any other provision of law, local government |
| 448 | units of this state may neither enact nor enforce any ordinance |
| 449 | or other local law or regulation conflicting with, or preempted |
| 450 | by, any provision of this act or any policy of this state |
| 451 | expressed by this act, whether that policy be expressed by |
| 452 | inclusion of a provision in this act or by exclusion of that |
| 453 | subject from this act. |
| 454 | Section 3. Except as otherwise expressly provided in this |
| 455 | act, this act shall take effect January 1, 2010. |