DAR File No. 38131

Public Safety, Fire Marshal

Rule R710-13

Reduced Cigarette Ignition Propensity and Firefighter Protection Act

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 38131
Filed: 11/13/2013 09:58:53 AM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Pursuant to Subsection 53-7-407(1) the state fire marshal may promulgate rules and regulations necessary to effectuate the purposes of the effect of part on the Model Tobacco Settlement Act and Tobacco Tax and Licensing Act.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No comments were received during the past five years.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

The continuation of this rule is necessary to ensure proper testing and evaluation of "branding" cigarettes to be sold in retail situations around the state, and ensure that such cigarettes are not a threat to enhance ignition of combustible material, causing potential loss of life and property. As of 2012, all 50 states in the Union have adopted similar statutes involving the Model Tobacco Settlement Act, and the Cigarette and Tobacco Tax and Licensing Act.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

• Coy Porter at the above address, by phone at 801-284-6358, by FAX at 801-284-6351, or by Internet E-mail at coyporter@utah.gov

Effective:

11/13/2013

Authorized by:

Coy Porter, State Fire Marshal