8 Colo. Code Regs. § 1507-52-4

Current through Register Vol. 47, No. 20, October 25, 2024

Section 8 CCR 1507-52-4 - TESTING AND PERFORMANCE STANDARDS

4.1. Except as provided in Section 10, no cigarettes shall be sold or offered for sale in this state, or offered for sale or sold to persons located in this state, after July 31, 2009, unless the cigarettes have been tested in accordance with the test method and meet the performance standard specified in this Section 4.

4.2. Testing

4.2.1. Testing of cigarettes shall be conducted in accordance with ASTM international standard E2187-04, "standard test method for measuring the ignition strength of cigarettes".

4.2.2. Testing shall be conducted on ten layers of filter paper.

4.2.3. No more than twenty-five percent of the cigarettes tested in a test trial in accordance with this Section 4 shall exhibit full-length burns. Forty replicate tests shall constitute a complete test trial for each cigarette tested.

4.2.4. The performance standard required by this Section 4 shall be applied only to a complete test trial.

4.2.5. Written certifications shall be based upon testing conducted by a laboratory that has been accredited pursuant to standard ISO/IEC 17025 of the International Organization for Standardization.

4.2.6. A laboratory conducting testing in accordance with this Section 4 shall implement a quality control and quality assurance program that includes a procedure that will determine the repeatability of the testing results and limit the repeatability value to no greater than nineteen percent.

4.2.7. This Section 4 shall not require additional testing of cigarettes that have been tested for other purposes in a manner consistent with this section.

4.3. Testing by the Division

4.3.1. Testing performed or sponsored by the Division in order to determine a cigarette's compliance with the performance standard shall be conducted in accordance with Subsection 4.2.

4.3.2. The Division may test cigarettes for compliance on a random basis.

4.3.3. The Division may test a particular cigarette brand for compliance based upon complaints or a history of a particular cigarette brand being involved in starting fires.

4.4. Lowered Permeability Bands

4.4.1. Each cigarette listed in a certification submitted pursuant to Section 3 that uses lowered permeability bands in the cigarette paper to achieve compliance with the performance standard set forth in this Section 4 shall have at least two nominally identical bands on the paper surrounding the tobacco column. At least one complete band shall be located at least fifteen millimeters from the lighting end of the cigarette. For cigarettes on which the bands are positioned by design, there shall be at least two bands fully located at least fifteen millimeters from the lighting end and ten millimeters from the filter end of the tobacco column or ten millimeters from the labeled end of the tobacco column for non-filtered cigarettes.

4.5. Alternative Testing

4.5.1. A manufacturer of a cigarette that the Division determines cannot be tested in accordance with the test method prescribed in 4.2, shall propose a test method and performance standard for the cigarette to the Division.

4.5.2. Upon approval of the proposed test method and a determination by the Division that the performance standard proposed by the manufacturer is equivalent to the performance standard prescribed in 4.2, the manufacturer may employ such test method and performance standard to certify such cigarette pursuant to this Section 4.

4.5.3. If the Division determines that another state has enacted reduced cigarette ignition propensity standards that include a test method and performance standard that are substantially similar to those contained in 4.2, and the Division finds that the officials responsible for implementing those requirements have approved the proposed alternative test method and performance standard for a particular cigarette proposed by a manufacturer as meeting the reduced cigarette ignition propensity standards of such state's laws or rules under a legal provision comparable to this Section 4, then the Division shall authorize the manufacturer to employ the alternative test method and performance standard to certify such cigarette for sale in Colorado unless the Division demonstrates a reasonable basis why the alternative test should not be accepted. All other applicable requirements of this Rule shall apply to the manufacturer.

8 CCR 1507-52-4

45 CR 23, December 10, 2022, effective 12/30/2022

46 CR 19, October 10, 2023, effective 10/30/2023