Bill Text: PA HB1342 | 2009-2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Further providing for standards for cigarette fire safety and for sale of existing inventory.

Spectrum: Moderate Partisan Bill (Republican 22-7)

Status: (Passed) 2009-06-29 - Act No. 9 [HB1342 Detail]

Download: Pennsylvania-2009-HB1342-Introduced.html

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PRINTER'S NO. 1623
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1342 Session of2009
INTRODUCED BY STEVENSON, SOLOBAY, P. COSTA, DALLY, ELLIS, FAIRCHILD, GABLER, GRELL, HARHART, HORNAMAN, HUTCHINSON, KILLION, MARSHALL, MARSICO, MILLARD, MOUL, MURT, MUSTIO, O'NEILL, PASHINSKI, PICKETT, REED, REICHLEY, ROSS, SIPTROTH AND VULAKOVICH, APRIL 23, 2009
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, APRIL 23, 2009
AN ACT
Amending the act of July 4, 2008 (P.L.518, No.42), entitled "An
act providing for testing standards for cigarette fire
safety, for certification of compliance by manufacturers, for
package markings and for enforcement and penalties;
establishing special funds; and providing for sale of
existing inventory, for manufacturers' sale to other states
or foreign countries and for regulations and preemptions,"
further providing for standards for cigarette fire safety and
for sale of existing inventory.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 4(a) and 9 of the act of July 4, 2008
(P.L.518, No.42), known as the Cigarette Fire Safety and
Firefighter Protection Act, are amended to read:
Section 4. Standards for cigarette fire safety.
(a) Testing.--Except as provided under subsection (g), no
cigarettes may be sold or offered for sale in this Commonwealth
or offered for sale or sold to persons located in this
Commonwealth unless the cigarettes:
(1) have been tested in accordance with the test method
and meet the performance standard specified in this section,
a written certification has been filed by the manufacturer
with the department in accordance with section 5 and the
cigarettes have been marked in accordance with section 6; or
(2) are included in existing inventories that satisfy
the conditions in section 9(a)(1) and (2).
* * *
Section 9. Sale of existing inventory.
[(a) Existing inventory.--]The requirement that only
cigarettes certified as compliant with the performance standard
in this act may be sold shall not prohibit wholesale dealers or
retail dealers from selling their existing inventory of
cigarettes on or after the effective date of this section if
both of the following conditions are satisfied:
(1) The wholesale dealer or retail dealer can establish
that State tax stamps were affixed to the cigarettes prior to
the effective date of this section [and if the].
(2) The wholesale dealer or retail dealer can establish
that the inventory was purchased prior to the effective date
of this section, in comparable quantity to the inventory
purchased during the same period of the prior year.
[(b) Limitation.--Notwithstanding subsection (a), a
wholesale dealer or retail dealer may not sell or offer for sale
a cigarette in this Commonwealth that does not comply with this
act after July 1, 2009.]
Section 2. This act shall take effect in 60 days or June 30,
2009, whichever occurs first.
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