Okla. Admin. Code § 265:40-1-1

Current through Vol. 42, No. 3, October 15, 2024

Section 265:40-1-1 - Scope

(a) On and after January 1, 2009, no cigarettes subject to the provisions of the Fire Safety Standard and Firefighter Protection Act or this Chapter shall be sold or offered for sale in this State unless:

(1) the cigarettes have been tested in accordance with the test method prescribed in OAC 265:40-1-3;

(2) the cigarettes meet the performance standard specified in OAC 265:40-1-4;

(3) a written certification has been filed by the manufacturer with the Office of the State Fire Marshal, 2401 N.W. 23^rd Street, Suite 4, Oklahoma City, Oklahoma 73107 in accordance with OAC 265:40-1-6; and

(4) the cigarettes have been marked in accordance with OAC 265:40-1-8.

(b) Nothing in this Chapter shall prohibit:

(1) any person or entity from manufacturing or selling cigarettes that do not meet the requirements of this Chapter, if the cigarettes are or will be stamped for sale in another state or are packaged for sale outside the United States pursuant to 74 O.S. Supp. 2008 § 326.10 and that person or entity has taken reasonable steps to ensure that such cigarettes will not be sold or offered to sale to persons located in this State; and

(2) the sale of cigarettes solely for the purpose of consumer testing. For purposes of this Chapter, the term 'consumer testing' means an assessment of cigarettes that is conducted by a manufacturer or under the control and direction of a manufacturer, for the purpose of evaluating consumer acceptance of such cigarettes, utilizing only the quantity of cigarettes that is reasonably necessary for such assessment.

Okla. Admin. Code § 265:40-1-1

Added at 26 Ok Reg 522, eff 1-2-09 through 7-14-09 (emergency)¹; Added at 27 Ok Reg 834, eff 4-25-10

Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/11/2022

¹This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency action enacting a new Section, the Section is no longer effective. Therefore, on 7-15-09 (after the 7-14-09 expiration of this emergency action), Section 265:40-1-1 was no longer effective, and remained as such until added by permanent action on 4-25-10. For the official text of the emergency rule that was in effect from 1-2-09 through 7-14-09, see 26 Ok Reg 522.