This section is part of the California Cigarette Fire Safety and Firefighter Protection Act. It provides definitions for several key terms related to cigarettes, such as what qualifies as a cigarette versus a little cigar, and defines various entities involved in the sale and production of cigarettes, like manufacturers, distributors, and retailers. It also includes definitions for sales-related terms and concepts like 'offer to sell,' 'package,' and 'quality control and quality assurance program' for certifying cigarettes' safety. The section aims to clarify these terms to help in the regulation and enforcement of cigarette fire safety standards.

You cannot sell, offer, or have cigarettes for sale in California unless they meet specific requirements. First, the manufacturer must test the cigarettes following a particular method. Second, they must meet certain performance standards. Third, they need to have the right markings as required by law. Finally, the manufacturer must file a written certification with the Attorney General.

This law requires cigarettes to be tested using a specific ASTM standard method to measure their ignition strength. The goal is to ensure that no more than 25% of the cigarettes in a test burn completely. Testing involves placing cigarettes on 10 layers of filter paper and conducting 40 test trials per cigarette. Test labs need to maintain a repeatability value of no more than 0.19 to ensure consistent results. Cigarettes achieving compliance by using special bands in the paper must have two identical bands at specific distances from the cigarette ends. If a cigarette can't be tested with this method, manufacturers can use an equivalent method, but they must still meet the established performance standard. No extra testing is needed if cigarettes have already been tested under this requirement for other reasons. Testing data must be kept for three years after certification and recertification and can be requested by the Attorney General. The law aligns with New York's cigarette fire safety standards from 2004.

This law requires cigarette manufacturers to submit a written certification to the California Attorney General stating that their cigarettes have been tested and meet specific performance standards. The certification must include detailed information about each cigarette, like brand, style, size, and any flavors. This certification needs to be renewed every three years.

The Attorney General can publish this information online and create rules to enforce these requirements. Manufacturers must also provide these certifications and cigarette package illustrations to distributors, wholesalers, and retailers.

This law section requires cigarette manufacturers to mark their packaging to show compliance with specific safety standards. The marking must be visible and can include a modification to the universal product code or other unique symbols or text. Before selling cigarettes in California, manufacturers need to submit their proposed markings to the Attorney General for approval. If the Attorney General doesn't respond in 30 business days, the marking is automatically approved. Markings approved in New York are also accepted in California. Manufacturers must use the same marking for all their products and notify the Attorney General of any changes. The Attorney General can create rules to enforce these requirements and can issue emergency regulations if needed.

This law section penalizes anyone selling or offering to sell cigarettes improperly. If a manufacturer knowingly sells cigarettes not following the law, they can be fined up to $10,000 per sale. Retailers, distributors, or wholesalers can be fined up to $500 for sales involving less than 50 cigarette packs and up to $1,000 for more than 50 packs. Fines collected are used for fire safety and protection funds. A manufacturer making false certifications may also be fined up to $10,000 per false certification. Cigarettes not meeting safety standards are classified as contraband and can be seized. The Attorney General can take legal action against violators and recover costs. However, if a seller relied in good faith on the manufacturer's compliance certificate, this can be a valid defense.

This section allows inspections to be conducted in places where cigarettes are sold, stored, or if there's evidence of illegal activity with cigarettes. It states that cigarette manufacturers, distributors, wholesalers, and retailers must allow inspectors from the relevant department to enter and inspect their premises, as long as the inspectors show proper identification. If someone refuses to allow an inspection, they can face penalties as described in another section of the law.

If the department or a law enforcement agency finds someone selling or offering for sale cigarettes illegally, as defined in a related law, they can seize and dispose of those cigarettes. These cigarettes are considered illegal goods by nature.

If someone knowingly refuses or doesn't allow an inspection by the department as required under a particular law, they can be fined up to $1,000 for each instance of noncompliance.

This law will no longer apply if the federal government creates and enacts new fire safety standards for cigarettes that override this law. The Attorney General must inform the Secretary of State if this happens for the change to take effect.