| TO: |
All cigarette manufacturers |
| FROM: |
Michael Plumley, Assistant Attorney General |
| DATE: |
January 10, 2008 |
| RE: |
Kentucky fire safety standards for cigarettes |
In the 2007 session of the Kentucky General Assembly, the legislature enacted Fire Safety Standards for Cigarettes, also known as the “fire safe” cigarette law. (KRS 227.770 – KRS 227.784). The provisions take effect April 1, 2008 and this notice it to inform you that all cigarettes to be sold in Kentucky after April 1 must be in compliance with these fire safety requirements.
The new provisions require all cigarette manufacturers who wish to sell in Kentucky to comply with testing, labeling and certification requirements to prove that their cigarettes meet certain reduced ignition standards and are so labeled. Certification is required for each brand family (upon payment of a $1,000 fee per brand) and must be renewed every three years. Certification is to be done through the Kentucky Fire Marshal. For further information contact that office by phone at (502) 573-0365 or by mail at:
Division of Fire Prevention
101 Sea Hero Road
Frankfort, Kentucky 40601
Failure to comply can result in significant monetary penalties as well as other legal action, including delisting/non-listing from the directory of approved tobacco products. ALL CIGARETTE MANUFACTURERS MUST PROVIDE PROOF OF FIRE SAFETY CERTIFICATION TO OUR OFFICE TO ENSURE LISTING OF THEIR CIGARETTES ON THE KENTUCKY TOBACCO MANUFACTURER DIRECTORY BEGINNING WITH ANY CERTIFICATIONS DUE AFTER APRIL 1, 2008. Contact our office if you have any questions.
Kentucky Certification of Tobacco Product Manufacturers (35kb PDF)
The MSA was executed and became effective on November 23, 1998. Kentucky's share of payments from the settlement are estimated to be $3.45 billion over the first 25 years. In addition to annual payments to the states signing on, the MSA contains three main categories of restrictions: advertising restrictions, brand name restrictions, and give-away restrictions.
The advertising restrictions in the MSA ban outdoor and transit advertising of tobacco products, any advertising targeted at youth (under 18 years of age), and any use of cartoons in advertising, promoting, packaging, or labeling tobacco products. There are two main exceptions to the outdoor and transit advertising prohibitions. First, manufacturers may advertise tobacco products on the property of retail establishments, subject to certain size restrictions. Additionally, the manufacturers may advertise tobacco products at adult only facilities or adult only events.
The brand name restrictions relate to the use of tobacco brand names in sponsorships, merchandise, and third party use. The manufacturers are prohibited from sponsoring by brand name the following types of events: concerts, events intended for a significant youth audience, events with paid youth participants or contestants, and football, basketball, baseball, soccer, or hockey leagues, teams, or games. The manufacturers will be permitted to engage in one brand name sponsored event in a twelve month period, as long as the sponsorship does not constitute a prohibited sponsorship as outlined above. Additionally, the manufacturers may sponsor brand name events in adult only facilities. With regard to merchandise, beginning July 1, 1999, the manufacturers are prohibited from distributing or selling apparel or merchandise with brand name logos. Finally, the manufacturers cannot authorize third parties to use or advertise brand names in a manner prohibited under the MSA. Notwithstanding these restrictions, the tobacco manufacturers may sponsor any athletic, musical, artistic, or other social or cultural event, entrant, participant, or team by its corporate name. The corporate name sponsored event cannot include any reference to a brand name tobacco product.
The give-away restrictions deal with free samples and proof of purchase gifts. Effective November 23, 1998, the manufacturers cannot distribute free samples, except in adult only facilities. Beginning November 23, 1999, the manufacturers can no longer provide proof of purchase gifts to underage persons (those persons younger than the legal age to purchase cigarettes). To comply with this provision, the manufacturers must require sufficient proof that a recipient of a proof of purchase gift is an adult.