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"FIRE SAFE" CIGARE°ITES LECaISLATIVE STATUS AND LICATIONS February 1, 1990

BACKGROUND PUBLIC PERCEPTION THAT CARELESS SMOKING CAUSES MANY ACCIDENTAL FIRES HAS PROMP'I'ED FEDERAL, STATE AND LOCAL "FIRE- SAFE" CIGARETTB LEGISLATION. a IN 1979 CONGRESSMAN JOSEPH MOAKLEY. (D-MA) INTRODUCED A "FIRE-SAFE" CIGARETTE BILL. HEARINGS DID NOT OCCUR UNTIL 1983. "FIRE-SAFE" CIGARETTE LEGISLATION INTRODUCED IN VIRTUALLY EVERY LEGISLATIVE SESSION SINCE 1979. SINCE 1980, LEGISLATION TO REQUIRE CIGARETTES TO BE "SELF-EXTINGUISHING" HAS BEEN CONSIDERED IN 17 STATES. STATE ACTIVITY ON THIS ISSUE PEAKED IN 1983, WHEN 11 STATES CONSIDERED "FIRE-SAFE" CIGARETTE LEGISLATION.

BACKGROUND (CO ) 1984 CIGARETTE SAFETY ACT ESTABLISHED INTERAGENCY COMMIZTE AND TECHNICAL STUDY GROUP ('TSG") IN 1987 REPORT, THE TSG CONCLUDED TECHNICALLY FEASIBLE AND MAY BE COMMERCIALLY "FEASIBLE TO DEVELOP CIGARETI'ES THAT WILL HAVE A SIGNIFICANTLY REDUCED PROPENSITY TO IGNITE UPHOLSTERED FURNITURE OR MA1fiRESSES.°' THE TSG IDENTIFIED FOUR CIGARETTE CHARACTERISTICS WHOSE VARIATION (TO EXTREME LIMITS) CAN REDUCE IGNITION PROPENSITY: USE OF EXPANDED TOBACCO; VERY LOW PAPER PERMEABILITY; REDUCED CIRCUMFERENCE; AND REMOVAL OF CITRATE PAPER ADDITIVES. RECOGNIZED NO STANDARD TEST METHOD AND CONSUMER ACCEPTABILITY ISSUE

BACKGROUND (CONTINUED) INTERAGENCY COMMIT'TEE RECOMMENDED TO CONGRESS'I'HAT LEGISLATION ESTABLISH STUDY GROUP TO: a DEVELOP STANDARD TEST METHOD TEST LOW IP PROTOTYPES FOR CONSUMER ACCEPTABILITY AND SMOKE "TOXICITY" MAKE RECOMMENDATIONS TO CONGRESS WITHIN TWO YEARS

CURRENT LEGISLATION ~ MOAKLEY BILL (H.R. 293; 53 COSPONSORS) THE CONSUMER PRODUCT SAFETY COMMISSION SHALL DETERMINE A FIRE- SAFETY STANDARD WITHIN ONE YEAR; CIGARETTES MUST MEET THE STANDARD NO LATER THAN TWO YEARS AFTER ENACTMENT; THE FDA SHALL IMPLEMENT AND REGULATE THE PROGRAM; AND 0 MORE STRINGENT STATE STANDARDS WILL NOT BE PREEMPTED. a . BOUCHER BILL (H.R. 673; 52 COSPONSORS) ESTABLISHES A TASK FORCE TO IMPLEMENT THE RECOMMENDATIONS OF THE INTERAGENCY COMMITTEE; a REQUIRES THE TASK FORCE TO REPORT TO CONGRESS WITHIN 18 MONTHS; AND REQUIRES A FINAL REPORT TO CONGRESS NO LATER THAN 36 MONTHS AFTER IMPLEMENTATION.

CURRENT LEGISLAiTON (CO ) 0 TOBACCO INSTITUTE COMPROMISE PREPARED ESTABLISHED TASK FORCE TO IMPLEMENT THE RECOMMENDATIONS OF THE INTERAGENCY COMM]TTEE; INTERIM STATUS REPORT SUBMITTED TO CONGRESS WYTHIN 12 MONTHS; FINAL REPORT SUBMITTED TO CONGRESS NO LATER THAN 24 MONTHS AFTER DATE OF ENACTMENT; AND FIRE-SAFETY STANDARD FOR CIGARETTES AND LITTLE CIGARS RECOMMENDED IN THE FINAL REPORT. IN 1990, ACTIVITY EXPECTED IN 7-14 STATES; SERIOUS CONSIDERATION EXPECTED 'IN 9.

CONCLUSIONS MOAKLEY'S ' LEGISLATIVE AGENDA AND EXTERNAL EVENTS THAT FOCUS PUBLIC AND LEGISLATIVE ATTENTION ON °'FIRE-SAFE" ISSUE CRITICAL TO POTENTIAL FOR FEDERAL LEGISLATIVE ACTION. 0 IF MOAKLEY PURSUES, LEGISLATION WILL BE DIFFICULT, IF NOT IMPOSSIBLE, TO DEFEAT. STATE EFFORTS TO PASS "FIRE-SAFE" CIGARETTE LEGISLATION WILL CONTINUE; INTENSITY OF EFFORTS WILL VARY (DEPENDING ON THE INDIVIDUAL STATE) 0 INDUSTRY MUST BE PREPARED TO OFFER ACCEPTABLE LEGISLATIVE ALTERNATIVE.

RECONiIVMNDATIONS RJRT AND THE INDUSTRY CONTINUE MAXIMUM EFFORTS TO DEFEAT ALL MOAKLEY-TYPE LEGISLATION AT THE FEDERAL AND STATE LEVELS. IN THE EVENT LEGISLATION BECOMES IMMINENT, RJRT AND THE INDUSTRY MUST BE PREPARED TO OFFER A SUITABLE ALTERNATIVE TO THE MOAKLEY BILL. ADDITIONAL COMPROMISE LEGISLATION NEEDS TO BE DEVELOPED FOR INDUSTRY CONSIDERATION. RJRT MUST BE PREPARED FOR - THE IMPLEMENTATION OF LEGISLATION WHICH WILL REQUIRE CIGARETTES TO MEET "FIRE-SAFE" STANDARDS WITHIN 3-5 YEARS.