CHAPTER 61
FIRE SAFE CIGARETTE CERTIFICATION PROGRAM
661—61.1(101B) Definitions. For purposes of these rules, the following definitions apply:
“Certified fire safe cigarette” means a unique cigarette brand style that meets the following criteria:
	1.	The unique cigarette brand style has been tested in accordance with the test method prescribed in Iowa Code section 101B.4 or has been approved pursuant to Iowa Code section 101B.4.
	2.	The unique cigarette brand style meets the performance standard specified in Iowa Code section 101B.4 or has been approved pursuant to Iowa Code section 101B.4.
	3.	A written certification for the unique cigarette brand style has been filed by the manufacturer with the department and in accordance with rule 661—61.4(101B).
	4.	Packaging for the unique cigarette brand style has been marked in accordance with rule 661—61.5(101B).
“Cigarette” means a cigarette as defined in Iowa Code section 453A.1, but does not mean a tobacco product as defined in Iowa Code section 453A.1.
“Department” means the same as defined in Iowa Code section 101B.2(3).
“Fire safe cigarette” means a cigarette certified pursuant to this chapter.
“Manufacturer” means the same as defined in Iowa Code section 101B.2(4).
“Sale” means the same as defined in Iowa Code section 101B.2(8).
“Unique cigarette brand style” means a cigarette with a unique combination of the following:
	1.	Brand or trade name.
	2.	Style, such as light or ultra light.
	3.	Length.
	4.	Circumference.
	5.	Flavor, such as menthol or chocolate, if applicable.
	6.	Presence or absence of a filter.
	7.	Type of package, such as soft pack or box.
“Wholesaler” means the same as defined in Iowa Code section 101B.2(10).
[ARC 7870C, IAB 4/17/24, effective 5/22/24]
661—61.2(101B) Certification and fee. A certification application and fee shall be submitted to the department online pursuant to Iowa Code section 101B.5. An application is incomplete unless all required information is submitted, including required attachments and fees. Applications will not be processed until complete.
[ARC 7870C, IAB 4/17/24, effective 5/22/24]
661—61.3(101B) Test method, performance standard, test report. Unless otherwise excepted therein, each unique cigarette brand style submitted for certification under this chapter shall meet all of the criteria in Iowa Code section 101B.4.
	61.3(1) Alternate test method. A manufacturer proposing an alternate test method and performance standard pursuant to this rule will submit such proposal to the department on a form provided by the department.
	a. 	The department will approve or deny the proposed alternate test method and performance standard within 60 days of receipt of such proposal and will send notification of such approval or denial by certified mail, return receipt requested, to the address provided by the manufacturer.
	b. 	The department may approve an alternate test method and performance standard if it is determined to be equivalent to the test method and performance standard prescribed in Iowa Code section 101B.4. If an alternate test method and performance standard is approved pursuant to this rule, the manufacturer may employ the alternate test method and performance standard to certify the cigarette in accordance with Iowa Code section 101B.4.
	61.3(2) Acceptance of alternate test method approved by another state. A manufacturer proposing an alternate test method and performance standard approved by another state will use the procedure specified in subrule 61.3(1) and provide documentation verifying that the alternate test method and performance standard have been approved by another state as provided in Iowa Code section 101B.4(9).
	61.3(3) Retention of reports of testing. A manufacturer shall maintain copies of all test reports pursuant to Iowa Code section 101B.4(10).
	61.3(4) Testing performed or sponsored by the department. Testing performed or sponsored by the department will be conducted in accordance with Iowa Code section 101B.4.
	61.3(5) Changes to the manufacture of a certified fire safe cigarette. If a manufacturer with any cigarette certified under this chapter makes any changes to the cigarette thereafter, retesting of the cigarette may be required in accordance with Iowa Code section 101B.5(6).
[ARC 7870C, IAB 4/17/24, effective 5/22/24]
661—61.4(101B) Notification of certification. A manufacturer or wholesaler shall provide copies of certifications pursuant to Iowa Code section 101B.6.
[ARC 7870C, IAB 4/17/24, effective 5/22/24]
661—61.5(101B) Marking fire safe cigarette packaging. Cigarettes that have been certified in accordance with Iowa Code section 101B.5 shall be marked as provided in Iowa Code section 101B.7. The recommended marking is the letters “FSC” displayed in accordance with any of the methods described in Iowa Code section 101B.7.
[ARC 7870C, IAB 4/17/24, effective 5/22/24]
661—61.6(17A) Violations and penalties. A person who violates any provision of Iowa Code chapter 101B or of this chapter is subject to a civil penalty of an amount no greater than specified by Iowa Code section 101B.8. Notice of a civil penalty will be provided by mail or by personal service. A person subject to a civil penalty may appeal the imposition of the penalty by requesting a contested case hearing, in writing, within 20 days. An appeal of a civil penalty is subject to the provisions of 481—Chapters 9 and 10 governing contested cases.
[ARC 7870C, IAB 4/17/24, effective 5/22/24]
These rules are intended to implement Iowa Code chapter 101B.
[Filed 10/29/08, Notice 9/24/08—published 11/19/08, effective 1/1/09]
[Filed ARC 5527C (Notice ARC 5339C, IAB 12/30/20), IAB 3/24/21, effective 4/28/21]
[Filed ARC 7870C (Notice ARC 7330C, IAB 1/24/24), IAB 4/17/24, effective 5/22/24]