Each manufacturer shall maintain copies of testing reports for three years and must make the reports available to the State Fire Marshal and Attorney General upon written request. After sixty days of failing to make the reports available, a manufacturer shall be subject to a civil penalty of up to $10,000 for each day of the violation.

Manufacturers shall also submit written certification to the State Fire Marshal attesting to each cigarette being tested and meeting the performance standard established in this act. For each brand family of cigarettes listed for a certification, a manufacturer shall pay a fee of $1,000 to the state fire marshal. Cigarettes must be recertified every three years.

The State Fire Marshal shall make the certifications available to the Attorney General and the department. Not later than January 31, 2011, the department shall develop a directory listing all cigarette manufacturers and brand styles for which a certificate has been filed. The directory shall be for informational purposes only and shall be continuously and conspicuously posted on the department's website for public inspection. Wholesalers and retailers may lawfully purchase and sell all brand styles listed on the directory, including inventory of said brand styles. Unless enjoined or subject to sequestration, all brand styles that meet the requirements of Section 320.353, RSMo, may be lawfully sold in this state.

Certified cigarettes must be marked in certain sized type and the marking must meet certain standards. Manufacturers shall only use one marking for all packages. Manufacturers must provide copies of the certifications to wholesalers to which they sell cigarettes. Wholesalers and retailers shall permit the Department of Revenue and Attorney General to inspect package markings.

Manufacturers, wholesalers, or other persons who sell cigarettes, except through retail sale, in violation of testing requirements are subject to a civil penalty not to exceed $100 for each pack of cigarettes sold. The total penalty against any such person shall not exceed $100,000 during any 30-day period. A retailer, who knowingly sells cigarettes in violation of the testing requirements, shall also be subject to a $100 civil penalty per pack sold, but the total penalty shall not exceed $25,000 during any 30-day period. Any person who violates other provisions of this act shall be subject to a civil penalty of not more than $1,000 for a first violation and not more than $5,000 for subsequent violations.

When the Department of Revenue or the Attorney General discovers cigarettes that have not been certified or marked, such cigarettes shall be sequestered by the owners and not sold for 14 days. During such time, the Attorney General may file an action for injunctive relief to enjoin the sale of the cigarettes. If the Attorney General does not file an action within such time, the owner may lawfully sell the sequestered cigarettes.

The department may conduct regular inspections of cigarettes to determine if they are marked properly. If they are improperly marked, the department shall notify the Attorney General. The Attorney General and the department are authorized to examine only the business records, pertaining to the sale and receipt of cigarettes suspected of failing to conform with the requirements, of persons possessing or controlling any premises where cigarettes are stored or sold. Such persons are required to give the Attorney General and the department the opportunity to make the permitted examinations.

This act creates the "Cigarette Fire Safety Standard and Firefighter Protection Act Fund", which shall consist of money collected under these provisions. The State Fire Marshal will administer the fund and the money will be used to support fire safety and prevention programs.

The State Fire Marshal shall review the effectiveness of this act and report his or her findings to the General Assembly every three years, including any legislative recommendations.

This act shall become effective on January 1, 2011.

This act is similar to SB 220 (2009).

SUSAN HENDERSON MOORE