LRB-3775/1
MGG&JK:wlj:rs
2007 - 2008 LEGISLATURE
January 22, 2008 - Introduced by Representatives Hines, Wasserman, Young, A.
Ott, Sinicki, Benedict, Berceau, Grigsby
and Molepske, cosponsored by
Senators Robson, Hansen, Miller, Lehman, Risser, Coggs, Cowles, Roessler
and Sullivan. Referred to Committee on Public Health.
AB717,1,3 1An Act to amend 20.143 (3) (j); and to create 165.25 (4) (ag) and 167.35 of the
2statutes; relating to: fire safety performance standards for cigarettes, making
3an appropriation, and providing a penalty.
Analysis by the Legislative Reference Bureau
Current law does not require cigarettes to meet any standards with regard to
fire safety. Under this bill, cigarettes sold in Wisconsin must meet the fire safety
performance standard specified in the bill. The performance standard requires that
not more than 25 percent of the cigarettes tested may exhibit full-length burns. The
bill establishes requirements for the testing procedures and allows the Department
of Commerce (Commerce) to consider an alternative testing method and alternative
performance standard, either proposed by a manufacturer or adopted by another
state, if Commerce determines that a type of cigarette made by the manufacturer
cannot be tested using the standard test method specified in the bill.
The bill requires the manufacturer to file a written certification with Commerce
stating the cigarettes it seeks to sell in Wisconsin meet the fire safety performance
standard. The manufacturer must also provide a copy of this certification to each
person authorized to sell cigarettes in this state, other than a retailer. The bill also
requires the manufacturer to mark cigarette packaging to show that the cigarettes
being sold are covered by a certification.

For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB717, s. 1 1Section 1. 20.143 (3) (j) of the statutes is amended to read:
AB717,2,82 20.143 (3) (j) Safety and building operations. The amounts in the schedule for
3the purposes of chs. 101, 145, and 168 and ss. 167.35, 236.12 (2) (a), 236.13 (1) (d) and
4(2m), and 236.335. All moneys received under ch. 145, ss. 101.177 (4) (a) 4., 101.178,
5101.19, 101.63 (9), 101.654 (3), 101.73 (12), 101.82 (4), 101.955 (2), 101.973 (7), and
6236.12 (7), except moneys received under s. 101.9208 (2m), and all moneys
7transferred under 2005 Wisconsin Act 45, section 76 (6), shall be credited to this
8appropriation.
AB717, s. 2 9Section 2. 165.25 (4) (ag) of the statutes is created to read:
AB717,2,1110 165.25 (4) (ag) The department of justice shall furnish legal services upon
11request of the department of commerce under s. 167.35 (7).
AB717, s. 3 12Section 3. 167.35 of the statutes is created to read:
AB717,2,14 13167.35 Fire safety performance standards for cigarettes. (1)
14Definitions. In this section:
AB717,2,1615 (a) "Cigarette" means any roll of tobacco wrapped in paper or in any substance
16other than tobacco.
AB717,2,1817 (b) "Department" means the department of commerce unless the context
18requires otherwise.
AB717,2,1919 (c) "Direct marketer" has the meaning given in s. 139.30 (2n).
AB717,2,2020 (d) "Distributor" has the meaning given in s. 139.30 (3).
AB717,2,2121 (e) "Jobber" has the meaning given in s. 139.30 (6).
AB717,3,1
1(f) "Manufacturer" means any of the following:
AB717,3,52 1. Any person who manufactures or otherwise produces cigarettes anywhere
3or causes cigarettes to be manufactured or produced anywhere, if the person intends
4that the cigarettes are to be sold in this state, including cigarettes that are sold in
5the United States through an importer.
AB717,3,86 2. The first purchaser anywhere that intends to resell in the United States
7cigarettes that are manufactured anywhere, if the original manufacturer or
8producer did not intend that the cigarettes be sold in the United States.
AB717,3,109 3. Any entity that becomes a successor to a person described in subd. 1. or a
10purchaser described in subd. 2.
AB717,3,1211 (g) "Repeatability" means the range of values within which the repeat results
12of cigarette test trials from a single laboratory will fall 95 percent of the time.
AB717,3,1313 (h) "Retailer" has the meaning given in s. 134.66 (1) (g).
AB717,3,1414 (i) "Sell" or "sale" has the meaning given in s. 139.30 (12).
AB717,3,19 15(2) Certification filed by manufacturers. (a) Each manufacturer that sells
16or offers to sell cigarettes in this state shall file a written certification with the
17department, certifying that each type of cigarette listed in the certification has been
18tested in accordance with sub. (3) and complies with the applicable fire safety
19performance standard under sub. (3).
AB717,3,2120 (b) For each type of cigarette listed in the certification, all of the following
21information shall be included in the certification:
AB717,3,2222 1. The brand or trade name that appears on the package.
AB717,3,2323 2. The style of the cigarette, such as light or ultra-light.
AB717,3,2424 3. The length in millimeters.
AB717,3,2525 4. The circumference in millimeters.
AB717,4,1
15. Any flavor description for the cigarette.
AB717,4,22 6. Whether the cigarette is filter or nonfilter.
AB717,4,43 7. The type of individual container in which the cigarette is packaged, such as
4a soft pack or a box.
AB717,4,55 8. A description of the marking required under sub. (4).
AB717,4,86 9. The name, address, and telephone number of the laboratory conducting the
7testing of the cigarette as required under sub. (3), if the laboratory is not owned and
8operated by the manufacturer of the cigarette.
AB717,4,99 10. The date on which the testing required under sub. (3) occurred.
AB717,4,1610 (c) Upon filing a certification under par. (a), a manufacturer shall provide a
11copy of the certification to each distributor, jobber, or direct marketer that purchases
12from the manufacturer cigarettes that are the subject of the certification. Each
13manufacturer shall also provide to each distributor, jobber, and direct marketer
14sufficient copies of an illustration of the package marking required under sub. (4) to
15be given to each retailer to whom the distributor, jobber, or direct marketer sells
16cigarettes.
AB717,4,1817 (d) Each manufacturer shall file the certification under par. (a) with the
18department every 3 years.
AB717,4,2019 (e) The department shall promptly forward a copy of each certification it
20receives under par. (a) to the attorney general.
AB717,4,2221 (f) Each manufacturer shall pay to the department a fee of $250 for each type
22of cigarette listed in each certification filed with the department under par. (a).
AB717,5,423 (g) If a manufacturer has certified a type of cigarette pursuant to this
24subsection, and makes any change after the certification to that type of cigarette that
25is likely to alter its compliance with the applicable fire safety performance standard,

1no person may offer for sale or sell that type of cigarette in this state unless the
2manufacturer retests the cigarette in accordance with the applicable testing method
3under sub. (3) (a) and maintains the reports of that testing as required under sub.
4(3) (f).
AB717,5,7 5(3) Test methods; performance standards. (a) Method of testing. For purposes
6of this section, testing of cigarettes conducted by a manufacturer or conducted or
7sponsored by the state shall meet all of the following requirements:
AB717,5,158 1. The testing shall be conducted in accordance with the standard test method
9for measuring the ignition strength of cigarettes established by the American Society
10for Testing and Materials International standard E2187-04. The department may
11adopt a substitute test method that is different from the standard test method, if the
12department finds that the substitute test method does not result in a change in the
13percentage of full-length burns exhibited by any tested cigarette when compared to
14the percentage of full-length burns the same cigarette would exhibit when tested in
15accordance with the standard test method.
AB717,5,1616 2. The testing shall be conducted on 10 layers of filter paper.
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