During the 2008 Legislative session, the OSFM, together with the Kansas Attorney General’s Tobacco Enforcement Unit, lobbied the Kansas Legislature to enact FireSafe Cigarette standards which has become known as the “Fire Safety Standards and Fire Fighter Protection Act” found in K.S.A. 31-601 through 31-613. This was passed by the legislature and then signed by the Governor and has been in effect since May 9, 2008.
Essentially, these laws require that all cigarettes (as defined by K.S.A.79-3301) sold in the State of Kansas comply with certain “quality control”measures to reduce their chances of continued ignition if they are not being actively smoked. All manufacturers must certify their products with the OSFM on or before July 1. The OSFM works closely with the Kansas Department of Revenue to ensure that these laws are complied with for the safety of all citizens.
For more general information on FireSafe Cigarettes, please view the Coalition for Fire-Safe Cigarettes website.
To begin the process, complete and submit a Fire Standards Compliance Certification Form.
In addition, a Tobacco Product Manufacturer Appointment of Agent for Service of Process Form must be submitted if the manufacturer is not a Kansas resident. This form must be mailed separately with payment to the Kansas Secretary of State. The information is included on the form.
Please make sure to follow all the instructions carefully and mail the appropriate forms (and related copies) to the appropriate agency. All that information will be on the certification form.
If you are new to the terms used, please take some time to review the Kansas Attorney General and Kansas Department of Revenue websites, as well as the statutes given. Also take a look at the Frequently Asked Questions section (FAQ), which is in no way exhaustive and will be updated as needed.
Who administers this act?
Pursuant to K.S.A. 31-603(g) it is the duty of the Office of the State Fire Marshal.
What is the process for Certification?
A manufacturer may obtain certification forms through the KSAG website. These need to be filled out fully and completely with proper payments sent via certified funds to the Office of the State Fire Marshal. There is also a fee due to the Kansas Secretary of State.
How often must a manufacturer certify their product?
Every three years. K.S.A. 31-604(d)
What if a manufacturer materially alters a certified cigarette?
That manufacturer must obtain new certification for the altered cigarette pursuant to K.S.A. 31-604(h)
Where do the fees go?
For the fees sent to the Fire Marshal's office pursuant to this Act, there has been established in the state treasury a separate, non-lapsing fund to be known as the Fire Safety Standard and Firefighter Protection Act Enforcement Fund which shall be administered by the Office of the State Fire Marshal (K.S.A. 31-604(g)).
Do the wholesalers/retailers have any responsibilities under this Act?
Yes. They may sell existing cigarette inventory, even if they are not stamped FSC until July 1, 2010 IF:
- It is established that the inventory was purchased prior to July 1, 2009 in comparable quantity to the inventory purchased during the same period of time in the prior year AND...
- It is proven that the tax stamp was affixed prior to July 1, 2009. K.S.A. 31-603(h)
Are their penalties for non-compliance?
Yes. These are found in K.S.A. 31-606