Title 39 — HEALTH AND SAFETY

39-8901. Short title. This act may be known and cited as the "Reduced Cigarette Ignition Propensity and Firefighter Protection Act."

39-8902. Definitions. As used in this chapter: (1) "Agent" means any person authorized by the state tax commission to purchase and affix stamps on packages of cigarettes. (2) "Cigarette" means any roll for smoking, whether made wholly or in part of tobacco or any other substance,…

39-8903. Test method and performance standard. (1) Except as provided in subsection (7) of this section, no cigarettes may be sold or offered for sale in this state or offered for sale or sold to persons located in this state unless the cigarettes have been tested in accordance w…

39-8904. Certification and product change. (1) Each manufacturer shall submit to the state fire marshal a written certification attesting that: (a) Each cigarette listed in the certification has been tested in accordance with section 39-8903, Idaho Code; and (b) Each cigarette li…

39-8905. Marking of cigarette packaging. (1) Cigarettes that are certified by a manufacturer in accordance with section 39-8904, Idaho Code, shall be marked to indicate compliance with the requirements of section 39-8903, Idaho Code. The marking shall be in eight (8) point type o…

39-8906. Penalties. (1) A manufacturer, wholesale dealer, agent or any other person or entity who knowingly sells or offers to sell cigarettes, other than through retail sale, in violation of section 39-8903, Idaho Code, shall be subject to a civil penalty not to exceed one hundr…

39-8907. Implementation. (1) The state fire marshal may promulgate rules pursuant to the provisions of chapter 52, title 67, Idaho Code, the administrative procedure act, necessary to effectuate the purposes of this chapter. (2) The state tax commission in the regular course of c…

39-8908. Inspection. To enforce the provisions of this chapter, the attorney general, the state tax commission and the state fire marshal, their duly authorized representatives and other law enforcement personnel are hereby authorized to examine the books, papers, invoices and ot…

39-8909. Reduced cigarette ignition propensity and firefighter protection act fund. All moneys collected as civil penalties under section 39-8906, Idaho Code, shall be deposited in the state treasury to the credit of a special account in the state operating fund hereby created to…

39-8910. Sale outside of Idaho. Nothing in this chapter shall be construed to prohibit any person or entity from manufacturing or selling cigarettes that do not meet the requirements of section 39-8903, Idaho Code, if the cigarettes are or will be stamped for sale in another stat…

39-8911. Preemption. This chapter shall be repealed if a federal reduced cigarette ignition propensity standard that preempts this chapter is adopted and becomes effective.