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The Scientific Basis of Tobacco Product Regulation - World Health ...

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problems do not affect the results <strong>of</strong> the testing. Such a program ensures<br />

that the testing repeatability remains within the required repeatability<br />

values stated in paragraph (6) <strong>of</strong> subsection (a) <strong>of</strong> Section 4<br />

<strong>of</strong> this Act for all test trials used to certify cigarettes in accordance<br />

with this Act.<br />

(f) ‘Repeatability’ shall mean the range <strong>of</strong> values within which the<br />

repeat results <strong>of</strong> cigarette test trials from a single laboratory will fall<br />

95 percent <strong>of</strong> the time.<br />

(g) ‘Retail dealer’ shall mean any person, other than a manufacturer or<br />

wholesale dealer, engaged in selling cigarettes or tobacco products.<br />

(h) ‘Sale’ shall mean any transfer <strong>of</strong> title or possession or both, exchange<br />

or barter, conditional or otherwise, in any manner or by any means<br />

whatever or any agreement therefor. In addition to cash and credit<br />

sales, the giving <strong>of</strong> cigarettes as samples, prizes or gifts, and the exchanging<br />

<strong>of</strong> cigarettes for any consideration other than money, are<br />

considered sales.<br />

(i) ‘Sell’ shall mean to sell, or to <strong>of</strong>fer or agree to do the same.<br />

(j) ‘Wholesale dealer’ shall mean any person other than a manufacturer<br />

who sells cigarettes or tobacco products to retail dealers or other persons<br />

for purposes <strong>of</strong> resale, and any person who owns, operates or<br />

maintains one or more cigarette or tobacco product vending machines<br />

in, at or upon premises owned or occupied by any other person.<br />

4. Test Method and Performance Standard.<br />

(a) Except as provided in subsection (g) <strong>of</strong> this section, no cigarettes may<br />

be sold or <strong>of</strong>fered for sale in this State or <strong>of</strong>fered for sale or sold to<br />

persons located in this State unless the cigarettes have been tested in<br />

accordance with the test method and meet the performance standard<br />

specified in this section, a written certification has been filed by the<br />

manufacturer with the [State entity responsible for administering the<br />

provisions <strong>of</strong> this Act] in accordance with section 5 <strong>of</strong> this Act, and<br />

the cigarettes have been marked in accordance with section 6 <strong>of</strong><br />

this Act.<br />

(1) Testing <strong>of</strong> cigarettes shall be conducted in accordance with the<br />

American Society <strong>of</strong> Testing and Materials (‘ASTM’) standard<br />

E2187-04, “Standard Test Method for Measuring the Ignition<br />

Strength <strong>of</strong> Cigarettes.”<br />

(2) Testing shall be conducted on 10 layers <strong>of</strong> filter paper.<br />

35

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