Act 409 of the 2007 Regular Legislative Session, the Cigarette Fire Safety and Firefighter Protection Act, is effective August 31, 2009. Please see below for more information, including information on the certification letter that manufacturers are now required to submit to the Fire Marshal's Office. We appreciate your cooperation during the certification process under the Cigarette Fire Safety and Firefighter Protection Act.
All manufacturers with cigarette brand families currently listed on the Louisiana Approved Tobacco Brand Directory maintained by the Louisiana Office of the Attorney General must certify cigarettes under the Cigarette Fire Safety and Firefighter Protection Act (hereinafter referred to as "the Act"), effective August 31, 2009, with the Louisiana State Fire Marshal. Because tobacco product manufacturers must comply with all state laws, only cigarettes that are certified both by the Attorney General, under the Master Settlement Agreement (R. S. 13:5061 et seq.), and by the State Fire Marshal, under the Act, will be legal for sale in Louisiana as of August 31, 2009. The Act has a provision that allows a wholesale dealer or retail dealer to sell its existing inventory of cigarettes on or after the effective date of the Act if the wholesale dealers inventory was purchased prior to August 31, 2009.
Each cigarette certified is required to be recertified every three (3) years. Please note additional provisions in the law regarding copies of certifications and of illustrations of package markings to be provided to wholesale dealers, agents, and retail dealers.
For each certification, a manufacturer shall pay to the State Fire Marshal a fee of $250.
For example, if your company manufactures more than one brand of cigarettes or more than one style of a particular brand, only one certification letter and fee is needed. Manufacturers do not have to submit multiple certifications or pay multiple fees for differing brands or styles. Using the example of two cigarette brands ("Brand 1" and "Brand 2"), you would not need to submit a certification letter for both Brand 1 and Brand 2, but would submit one certification and pay one fee for both; being sure to list both of them on your certification letter. You also do not need to submit multiple letters or pay extra fees if a particular brand has a number of styles in its family; as an example, "Brand 1 Menthols", "Brand 1 Lights", and ""Brand 1 Longs" would all be listed on one certification letter and no extra fees need to be added.
Also, please note that there is no application form; only a certification letter is required to be submitted.
Money orders, cashier's checks, certified checks, and company checks are accepted. Checks shall be made payable to the Louisiana Office of State Fire Marshal. The certification letter with required information and fee should be sent to the following address:
Office of State Fire Marshal
8181 Independence Blvd.
Baton Rouge, LA 70806
Attention: Cigarette Fire Safety
(225) 925-3649 or fax (225) 925-3813
Copies of the certifications shall be made available to the Office of the Attorney General and the Louisiana Department of Revenue for the purposes of ensuring compliance with this Act. The Attorney General's mailing information is provided below for your convenience.
Tobacco Settlement Enforcement Unit
State of Louisiana, Office of the Attorney General
P.O. Box 94005
Baton Rouge, LA 70804
Attention: Gol S. Hannaman
The certification letter and accompanying documentation are due on or before August 31, 2009. Failure to file the required certification materials is a basis for removal from both the State Fire Marshal and Louisiana Attorney General approved brand directories. The approval of the marking for packaging and any proposed alternative test method are required to be sent only to the State Fire Marshal.
Questions for the State Fire Marshal may be directed to Kaitlyn Smith by email at [email protected] or by fax to (225) 925-3813. Questions for the Attorney General should be directed to the Tobacco Settlement Enforcement Unit at (225) 326-6423, by e-mail at [email protected], or by fax at (225) 326-6072. The State Fire Marshal will maintain a directory to reflect the Cigarette Fire Safety and Firefighter Protection Act certifications. Additional information will be provided to manufacturers as needed.
The text above and more information can be found in the Notice Letter (in .pdf format) below:
Fire Safe Cigarette Notice Letter
R.S. 40:1626 through R.S. 40:1636
Louisiana Office of State Fire Marshal
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