AB717,7,73 (d) Alternative test methods and performance standards proposed by
4manufacturers.
1. If the department determines that a type of cigarette cannot be
5tested in accordance with the test method required under par. (a), the manufacturer
6thereof shall propose an alternative test method and alternative fire safety
7performance standard for approval by the department.
AB717,7,118 2. If the department determines that the alternative fire safety performance
9standard proposed under subd. 1. is equivalent to the applicable fire safety
10performance standard under par. (c), the department shall approve the alternative
11test method and the alternative performance standard for use by the manufacturer.
AB717,7,2512 (e) Provisions from other states. In lieu of approving an alternative test method
13and alternative fire safety performance standard under par. (d), the department may
14review the cigarette fire safety requirements enacted or otherwise adopted by
15another state. The department shall allow a manufacturer to use the results of the
16other state's alternative test method and alternative performance standard for the
17purpose of certification under sub. (2) (a), if the department determines that the
18safety requirements are comparable to the requirements under this section, that the
19other state's safety requirements specify the same test method and the same
20performance standard that are specified in pars. (a) and (c), and that the other state
21has approved an alternative test method and alternative performance standard as
22meeting the requirements under that state's cigarette fire safety requirements. The
23department may not require additional testing under this paragraph, unless the
24department determines that it is not reasonable for the results to be used for this
25purpose.
AB717,8,4
1(f) Reporting requirement. 1. Each manufacturer shall keep reports on all test
2results on all types of cigarettes that are offered for sale and that are conducted to
3determine compliance with this section and shall keep copies of these reports for 3
4years.
AB717,8,75 2. Upon written request from the department or the attorney general, a
6manufacturer shall make copies of the reports under subd. 1. available to the
7department or the attorney general within 60 days after receiving the request.
AB717,8,13 8(4) Marking of cigarettes. (a) Each manufacturer of cigarettes that are the
9subject of a certification filed under sub. (2) (a) shall mark the cigarettes to show that
10the cigarettes meet the applicable fire safety performance standard under sub. (3).
11The marking shall be in 8-point or larger type and shall be a modification of the
12universal product code that results in a visible mark being printed at or near the
13universal product code.
AB717,8,1514 (b) For the purposes of par. (a), the visible mark shall consist of one of the
15following:
AB717,8,1716 1. Alphanumeric or symbolic characters permanently stamped, engraved,
17embossed, or printed in conjunction with the universal product code.
AB717,8,2018 2. A visible combination of alphanumeric or symbolic characters permanently
19stamped, engraved, embossed, or printed upon the cigarette package or cellophane
20wrap.
AB717,8,2221 3. Printed, stamped, engraved, or embossed text that indicates the cigarettes
22must meet the applicable fire safety performance standard under sub. (3).
AB717,8,2323 4. The letters "FSC."
AB717,9,224 (c) A manufacturer shall use only one marking, shall use this marking
25uniformly for all types of cigarettes marketed by the manufacturer, and shall apply

1this marking to all packs, cartons, cases, and other packages containing the
2cigarettes.
AB717,9,83 (d) Prior to the certification of a type of cigarette, a manufacturer shall present
4its proposed marking to the department for approval. Upon receipt of the proposed
5marking, the department shall approve or disapprove the marking presented subject
6to par. (e). If the department fails to act within 10 business days after receiving the
7proposed marking, the marking shall be considered to have been approved by the
8department.
AB717,9,119 (e) The department shall approve a proposed marking under par. (d), if the
10proposed marking meets the size and location requirements under par. (a) and if
11either of the following applies:
AB717,9,1312 1. The marking is in use and has been approved for cigarettes that are sold in
13New York.
AB717,9,1414 2. The marking consists of the letters "FSC."
AB717,9,1515 (f) A manufacturer may not modify a marking approved under par. (d).
AB717,9,18 16(5) Prohibition. (a) Except as provided in pars. (b) and (c), no person may sell
17or offer to sell cigarettes to a person located in this state unless all of the following
18apply:
AB717,9,2019 1. The cigarettes are of a type that has been tested in accordance with this
20section.
AB717,9,2221 2. The cigarettes meet the applicable fire safety performance standard required
22under this section.
AB717,9,2423 3. The cigarettes are of a type that are covered by a certification filed under sub.
24(2) (a).
AB717,9,2525 4. The cigarettes are marked in compliance with sub. (4).
AB717,10,9
1(b) Paragraph (a) does not apply to the selling or the offering for sale of
2cigarettes by a manufacturer, distributor, direct marketer, jobber, or retailer if the
3stamps acquired under s. 139.32 were affixed to the cigarette packages prior to the
4effective date of this paragraph .... [revisor inserts date], and if the quantity of such
5cigarettes in the manufacturer's, distributor's, direct marketer's, jobber's, or
6retailer's possession prior to the effective date of this paragraph .... [revisor inserts
7date], is comparable to the quantity of cigarettes in the manufacturer's, distributor's,
8direct marketer's, jobber's, or retailer's possession during the same period of the
9previous year.
AB717,10,1310 (c) Paragraph (a) does not apply to the selling or the offering for sale of
11cigarettes solely for the purpose of consumer testing that is conducted by a
12manufacturer or under the control and direction of a manufacturer if all of the
13following apply:
AB717,10,1414 1. The purpose of testing is to evaluate consumer acceptance of the cigarettes.
AB717,10,1615 2. The testing involves only the number of cigarettes that is reasonably
16necessary for the testing.
AB717,10,1917 3. The testing is in a controlled setting where the cigarettes are either smoked
18onsite or are returned to the person administering the test at the conclusion of the
19testing.
AB717,10,22 20(6) Penalties. (a) Any person who knowingly sells or offers to sell cigarettes
21at wholesale in violation of sub. (5) (a) shall forfeit not more than $10,000 for each
22sale subject to par. (e).
AB717,10,2423 (b) Any person who knowingly sells or offers to sell cigarettes at retail in
24violation of sub. (5) (a) shall forfeit:
AB717,11,2
11. Not more than $500 for each violation that involves not more than 1,000
2cigarettes.
AB717,11,43 2. Not more than $1,000 for each violation that involves 1,000 or more
4cigarettes, subject to par. (e).
AB717,11,75 (c) Any manufacturer that knowingly files a false certification under sub. (2)
6(a) shall forfeit not more than $10,000. Each false certification constitutes a separate
7offense.
AB717,11,98 (d) Any manufacturer who fails to comply with sub. (3) (f) 2. shall forfeit not
9more than $10,000. Each day of violation constitutes a separate offense.
AB717,11,1310 (e) The total amount of forfeitures imposed under par. (a) against a single
11violator may not exceed more than $100,000 during any 30-day period. The total
12amount of forfeitures imposed under par. (b) 2. against a single violator may not
13exceed more than $25,000 during any 30-day period.
AB717,11,19 14(7) Administration and enforcement. (a) The department or attorney general
15may file an action in civil court for a violation of this section. The relief sought in the
16action may include injunctive relief, damages incurred by the state because of the
17violation, enforcement costs, court costs, and attorney fees. Each violation of this
18section constitutes a separate civil violation for which the department or attorney
19general may seek relief.
AB717,11,2320 (b) The department of revenue, in the course of conducting any inspection or
21examination authorized under s. 139.39, may inspect cigarettes to determine if the
22cigarettes are marked as provided under sub. (4), and the department of revenue
23shall notify the department of commerce of any unmarked cigarettes.
AB717,12,624 (c) Authorized personnel from the department of justice, from the department
25of commerce, and from the department of revenue, and any sheriff, police officer, or

1other law enforcement personnel, within their respective jurisdictions, may enter
2and inspect any premises where cigarettes are made, sold, offered for sale, or stored
3to determine if the cigarettes comply with this section. An inspection under this
4paragraph includes examining the books, papers, invoices, and other records of any
5person who is subject to this section and who is in control, possession, or occupancy
6of the premises.
AB717,12,12 7(8) Seizure. All cigarettes acquired, owned, imported, possessed, kept, stored,
8made, sold, distributed, or transported in violation of this section are subject to
9seizure by anyone authorized to inspect premises under sub. (7) (c). All cigarettes
10seized for violating this section shall be destroyed after the person who holds the
11trademark rights in the cigarette brand has been given a reasonable opportunity to
12inspect the cigarettes.
AB717,12,15 13(9) Selling cigarettes outside of this state. This section does not apply to any
14manufacturer or any person who sells or offers to sell cigarettes that are prohibited
15from being sold under sub. (5) (a) if either of the following applies:
AB717,12,1616 (a) The cigarettes will be stamped for sale in a state other than this state.
AB717,12,1917 (b) The cigarettes are packaged to be sold outside the United States and the
18manufacturer or seller has taken reasonable steps to ensure that the cigarettes will
19not be sold or offered to be sold to any person in this state.
AB717,13,3 20(10) New York, federal, and local laws. (a) This section shall be implemented
21in accordance with the implementation and substance of the New York Fire Safety
22Standards for Cigarettes that are in effect on the effective date of this paragraph ....
23[revisor inserts date]. If, after the effective date of this paragraph .... [revisor inserts
24date], the New York safety standards are changed, the department shall suggest
25proposed legislation to the chairpersons of the appropriate standing committees of

1the legislature, as designated by the presiding officer of each house. The proposed
2legislation shall contain the provisions necessary to bring this section into
3accordance with the New York safety standards.
AB717,13,84 (b) If the department determines that the federal government has enacted
5legislation that establishes a fire safety performance standard that conflicts with or
6that preempts the provisions of this section that establish fire safety performance
7standards, this section does not apply after the date on which the federal legislation
8takes effect.
AB717,13,129 (c) A city, village, town, or county may enact and enforce an ordinance or adopt
10and enforce a resolution regulating the fire safety performance of cigarettes that are
11sold or that are offered to be sold in this state only if the ordinance is in strict
12conformity with this section.
AB717, s. 4 13Section 4. Effective dates. This act takes effect on the first day of the 18th
14month beginning after publication, except as follows:
AB717,13,1615 (1) The treatment of section 167.35 (10) (c) of the statutes takes effect on the
16day after publication.
AB717,13,1717 (End)
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