167.33(5)(a)(a) Safety rules; skiing and sledding. Each individual engaged in skiing or sledding at a ski area has a duty to do all the following:
167.33(5)(a)3.
3. Know the range of his or her ability and engage in skiing or sledding within that ability.
167.33(5)(a)4.
4. Assess the difficulty of the trails and terrains that are open to skiing or sledding.
167.33(5)(a)6.
6. Comply with any posted limits that are imposed on the number of passengers or on the amount of weight of the sled or other sledding device while it is being ridden.
167.33(5)(a)7.
7. Be able to stop or avoid other individuals or objects.
167.33(5)(a)8.
8. Yield to other individuals engaged in skiing or sledding who are ahead or who are down the slope.
167.33(5)(a)9.
9. Not stop at a point that will result in the individual obstructing a trail or not being visible from above.
167.33(5)(a)10.
10. Yield to other individuals engaged in skiing or sledding who are uphill when starting downhill or merging onto a trail.
167.33(5)(a)11.
11. Be able to safely board, ride, and deboard any lift serving an area open to skiing or sledding.
167.33(5)(a)13.
13. If involved in a collision with another participant in an alpine sport that results in injury or death, not leave the vicinity of the collision before giving his or her name and current address to an employee of the ski area operator or a member of the ski patrol, except for the purpose of securing aid for a person injured in the collision. A person who leaves the scene of the collision for the purpose of securing aid shall give his or her name and current address after securing the aid.
167.33(5)(b)
(b)
Safety rules; tubing. Each individual engaged in tubing at a ski area has a duty to do all of the following:
167.33(5)(b)3.
3. Know the range of his or her ability and engage in tubing within that ability.
167.33(5)(b)4.
4. Assess the difficulty of terrain that is open to tubing.
167.33(5)(b)6.
6. Comply with any posted limits that are imposed on the number of passengers or on the amount of weight of the tube or other tubing device while it is being ridden.
167.33(5)(b)7.
7. Be able to safely board, ride, and deboard a lift serving an area open to tubing.
167.33(5)(b)9.
9. Yield to other individuals engaged in tubing who are ahead or who are down the slope.
167.33(5)(b)10.
10. Look uphill and yield to oncoming tubes before leaving the bottom of the hill at the end of a run.
167.33(5)(b)11.
11. If involved in a collision with another participant in an alpine sport that results in injury or death, not leave the vicinity of the collision before giving his or her name and current address to an employee of the ski area operator or a member of the ski patrol, except for the purpose of securing aid for a person injured in the collision. A person who leaves the scene of the collision for the purpose of securing aid shall give his or her name and current address after securing the aid.
167.33(5)(c)
(c)
Safety rules; biking. Each individual engaged in biking at a ski area has a duty to do all the following:
167.33(5)(c)3.
3. Know the range of his or her ability and engage in biking within that ability.
167.33(5)(c)4.
4. Assess the difficulty of the trails and terrains, including natural and man-made features, that are open to biking. Where possible, walk the trail or features prior to biking.
167.33(5)(c)6.
6. Comply with any posted limits that are imposed on the type of bike or other equipment that may be ridden on a trail or portion of the ski area.
167.33(5)(c)7.
7. Be able to stop or avoid other individuals or objects.
167.33(5)(c)8.
8. Yield to other individuals engaged in biking who are ahead or who are down the slope.
167.33(5)(c)9.
9. Be able to safely board, ride, and deboard any lift serving an area open to biking.
167.33(5)(c)11.
11. Look uphill and yield to oncoming bikes before leaving the bottom of the hill at the end of the run and upon entering a trail or slope.
167.33(5)(c)12.
12. If involved in a collision with another participant in an alpine sport that results in injury or death, remain in the vicinity of the collision until he or she gives his or her name and current address to an employee of the ski area operator or a member of the bike patrol, except to secure aid for a person injured in the collision. A person who leaves the vicinity in order to secure aid shall provide his or her name and current address after securing the aid.
167.35
167.35
Fire safety performance standards for cigarettes. 167.35(1)(a)
(a) “Cigarette" means any roll of tobacco wrapped in paper or in any substance other than tobacco.
167.35(1)(b)
(b) “Department" means the department of safety and professional services unless the context requires otherwise.
167.35(1)(f)1.
1. Any person who manufactures or otherwise produces cigarettes anywhere or causes cigarettes to be manufactured or produced anywhere, if the person intends that the cigarettes are to be sold in this state, including cigarettes that are sold in the United States through an importer.
167.35(1)(f)2.
2. The first purchaser anywhere that intends to resell in the United States cigarettes that are manufactured anywhere, if the original manufacturer or producer did not intend that the cigarettes be sold in the United States.
167.35(1)(f)3.
3. Any entity that becomes a successor to a person described in
subd. 1. or a purchaser described in
subd. 2.
167.35(1)(f)4.
4. Any person who owns an automated roll-your-own machine that is used to make cigarettes, not including an individual who owns a roll-your-own machine and uses the machine in his or her home solely to make cigarettes for his or her personal use or for the use of other individuals who live in his or her home.
167.35(1)(g)
(g) “Repeatability" means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall 95 percent of the time.
167.35(2)
(2) Certification filed by manufacturers. 167.35(2)(a)(a) Each manufacturer that sells or offers to sell cigarettes in this state shall file a written certification with the department, certifying that each type of cigarette listed in the certification has been tested in accordance with
sub. (3) and complies with the applicable fire safety performance standard under
sub. (3).
167.35(2)(b)
(b) For each type of cigarette listed in the certification, all of the following information shall be included in the certification:
167.35(2)(b)1.
1. The brand or trade name that appears on the package.
167.35(2)(b)2.
2. The style of the cigarette, such as light or ultra-light.
167.35(2)(b)7.
7. The type of individual container in which the cigarette is packaged, such as a soft pack or a box.
167.35(2)(b)9.
9. The name, address, and telephone number of the laboratory conducting the testing of the cigarette as required under
sub. (3), if the laboratory is not owned and operated by the manufacturer of the cigarette.
167.35(2)(c)
(c) Upon filing a certification under
par. (a), a manufacturer shall provide a copy of the certification to each distributor, jobber, or direct marketer that purchases from the manufacturer cigarettes that are the subject of the certification. Each manufacturer shall also provide to each distributor, jobber, and direct marketer sufficient copies of an illustration of the package marking required under
sub. (4) to be given to each retailer to whom the distributor, jobber, or direct marketer sells cigarettes.
167.35(2)(d)
(d) Each manufacturer shall file the certification under
par. (a) with the department every 3 years.
167.35(2)(e)
(e) The department shall promptly forward a copy of each certification it receives under
par. (a) to the attorney general.
167.35(2)(f)
(f) Each manufacturer shall pay to the department a fee of $1,000 for each brand family of cigarette listed in each certification filed with the department under
par. (a). The fee shall apply to all cigarettes within the brand family and shall include any new cigarette that is included in the 3-year certification period for which the fee is paid. The manufacturer shall pay the fee upon filing each certification for a new brand family.
167.35(2)(g)
(g) If a manufacturer has certified a type of cigarette pursuant to this subsection, and makes any change after the certification to that type of cigarette that is likely to alter its compliance with the applicable fire safety performance standard, no person may offer for sale or sell that type of cigarette in this state unless the manufacturer retests the cigarette in accordance with the applicable testing method under
sub. (3) (a) or
(d) and maintains the reports of that testing as required under
sub. (3) (f).
167.35(3)
(3) Test methods; performance standards. 167.35(3)(a)(a)
Method of testing. For purposes of this section, testing of cigarettes conducted by a manufacturer or conducted or sponsored by the state shall meet all of the following requirements:
167.35(3)(a)1.
1. The testing shall be conducted in accordance with the standard test method for measuring the ignition strength of cigarettes established by ASTM International standard E2187-04. The department may adopt a substitute test method that is different from the standard test method, if the department finds that the substitute test method does not result in a change in the percentage of full-length burns exhibited by any tested cigarette when compared to the percentage of full-length burns the same cigarette would exhibit when tested in accordance with the standard test method.
167.35(3)(a)2.
2. The testing shall be conducted on 10 layers of filter paper.
167.35(3)(a)3.
3. The fire safety performance standard under this subsection shall be applied only to a complete test trial, which shall consist of 40 replicate tests for each cigarette tested.
167.35(3)(a)4.
4. Each laboratory conducting the testing shall implement a quality control and quality assurance program that meets the requirements under
par. (b) and that includes a procedure that will determine the repeatability of the results from the testing. The repeatability value may not be greater than 0.19.
167.35(3)(a)5.
5. Each laboratory conducting the test under this subsection shall be accredited pursuant to the standard ISO/IEC 17025 of the International Organization for Standardization or other comparable accreditation standard required by the department.
167.35(3)(b)
(b)
Quality control and quality assurance program. For purposes of
par. (a) 4., a quality control and quality assurance program shall include a laboratory procedure that ensures all of the following:
167.35(3)(b)1.
1. That operator bias, systematic and nonsystematic methodological errors, and equipment-related problems do not affect the results of the testing.
167.35(3)(b)2.
2. That the testing repeatability remains within the required repeatability value stated in
par. (a) 4. for all of the test trials used to certify cigarettes under
sub. (2).
167.35(3)(c)1.1. A testing of cigarettes does not meet the applicable fire safety performance standard unless no more than 25 percent of the cigarettes tested in a complete test trial under
par. (a) exhibit full-length burns.
167.35(3)(c)2.
2. Each type of cigarette listed in a certification under
sub. (2) that uses lowered permeability bands in the cigarette paper in order to meet the fire safety performance standard under
subd. 1. shall meet one of the following requirements:
167.35(3)(c)2.a.
a. For a cigarette that does not have bands positioned by design, the cigarette shall have at least 2 nominally identical bands on the paper surrounding the tobacco column, at least one of them being a complete band located at least 15 millimeters from the lighting end of the tobacco column.
167.35(3)(c)2.b.
b. For a cigarette that has bands positioned by design, the cigarette shall have at least 2 nominally identical bands on the paper surrounding the tobacco column. At least one of these bands shall fully be located at least 15 millimeters from the lighting end of the tobacco column, and at least one of the remaining bands shall fully be located at least 10 millimeters from the filter end of the tobacco column or at least 10 millimeters from the labeled end of the tobacco column for a nonfiltered cigarette.
167.35(3)(d)
(d)
Alternative test methods and performance standards proposed by manufacturers.
