SECTION 265:40-1-1. Scope

(a)   On and after January 1, 2009, no cigarettes subject to the provisions of the Fire Safety Standard and Firefighter Protection Act or this Chapter shall be sold or offered for sale in this State unless:

(1)   the cigarettes have been tested in accordance with the test method prescribed in OAC 265:40-1-3;

(2)   the cigarettes meet the performance standard specified in OAC 265:40-1-4;

(3)   a written certification has been filed by the manufacturer with the Office of the State Fire Marshal, 2401 N.W. 23^rd Street, Suite 4, Oklahoma City, Oklahoma 73107 in accordance with OAC 265:40-1-6; and

(4)   the cigarettes have been marked in accordance with OAC 265:40-1-8.

(b)   Nothing in this Chapter shall prohibit:

(1)   wholesale dealers or retail dealers from selling their inventory of cigarettes existing on January 1, 2009, provided that the wholesale dealer or retail dealer can establish that Oklahoma State tax stamps were affixed to these cigarettes prior to January 1, 2009, and provided further that the wholesale dealer or retail dealer can establish that the inventory was purchased prior to January 1, 2009 in comparable quantity to the inventory purchased during the same period in the prior year; provided that in no event may a wholesale dealer or retail dealer sell or offer to sale a cigarette in this State that does not comply with the Act or this Chapter after January 1, 2010;

(2)   wholesale dealers or retail dealers from selling, until July 1, 2009, cigarettes manufactured in this State as determined by the State Fire Marshal;

(3)   any person or entity from manufacturing or selling cigarettes that do not meet the requirements of this Chapter, if the cigarettes are or will be stamped for sale in another state or are packaged for sale outside the United States pursuant to 74 O.S. Supp. 2008 § 326.10 and that person or entity has taken reasonable steps to ensure that such cigarettes will not be sold or offered to sale to persons located in this State; and

(4)   the sale of cigarettes solely for the purpose of consumer testing. For purposes of this Chapter, the term "consumer testing" means an assessment of cigarettes that is conducted by a manufacturer or under the control and direction of a manufacturer, for the purpose of evaluating consumer acceptance of such cigarettes, utilizing only the quantity of cigarettes that is reasonably necessary for such assessment.

[Source: Added at 26 Ok Reg 522, eff 1-2-09 through 7-14-09 (emergency); Added at 27 Ok Reg 834, eff 4-25-10]

Note

EDITOR’S NOTE: This 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 265:40-1-1 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.