Okla. Admin. Code § 265:40-1-4

Current through Vol. 42, No. 4, November 1, 2024

Section 265:40-1-4 - Performance standard

(a) When tested in accordance with OAC 265:40-1-3, no more than 25 percent of the cigarettes tested in a test trial shall exhibit full length burns.

(b) Each cigarette listed in a certification submitted pursuant to OAC 265:40-1-6 that uses lowered permeability bands in the cigarette paper to achieve compliance with the performance standard set forth in subsection (a) shall have at least two (2) nominally identical bands on the paper surrounding the tobacco column. At least one complete band shall be located at least 15 millimeters from the lighting end of the cigarette. For cigarettes on which the bands are positioned by design, there shall be at least two (2) bands fully located at least fifteen (15) millimeters from the lighting end and ten (10) millimeters from the filter end of the tobacco column or ten (10) millimeters from the labeled end of the tobacco column for a non-filtered cigarette.

(c) The manufacturer of a cigarette that OSFM determines cannot be tested in accordance with the test method prescribed in OAC 265:40-1-3 shall propose a test method and performance standard for that cigarette to OSFM. Upon approval of the proposed test method and a determination by OSFM that the performance standard proposed by the manufacturer is equivalent to the performance standard prescribed in OAC 265:40-1-4(a), the manufacturer may employ that test method and performance standard to certify the cigarette pursuant to OAC 265:40-1-6. All other applicable requirements of this Chapter shall apply to the manufacturer.

(d) If OSFM determines that another state, with reduced cigarette ignition propensity standards that include a test method and performance standard that are the same as those contained in the Act, has adopted an alternative test method and performance standard for a particular cigarette proposed by a manufacturer as meeting the fire safety standards of that state's law or regulation under a legal provision comparable to this Section, then the State Fire Marshal shall authorize that manufacturer to employ the alternative test method and performance standard to certify that cigarette for sale in this State unless the State Fire Marshal demonstrates a reasonable basis for not accepting the alternative test method.

Okla. Admin. Code § 265:40-1-4

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

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 265:40-1-4 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.