Cigarettes: administration: Attorney General.

Existing law, the California Cigarette Fire Safety and Firefighter Protection Act, administered by the State Fire Marshal, prohibits a person from selling, offering, or possessing for sale in this state cigarettes not in compliance with certain requirements, including the requirement that the cigarettes are tested by the manufacturer in accordance with prescribed testing methods. In certain circumstances, the act provides an exception from the above for distributors, wholesalers, or retailers to sell their cigarette inventory that existed on January 1, 2007. This bill would delete the authorization to sell that cigarette inventory that existed on January 1, 2007. The bill would generally delete the State Fire Marshal's authority to administer the act and instead require the Attorney General to administer the act, as provided. The act requires each manufacturer to submit a written certification to the State Fire Marshal attesting that each cigarette listed in the certification has been tested as provided. The act requires, before a certified cigarette can be sold in the state, a manufacturer to submit its proposed marking to the State Fire Marshal for approval. Existing law requires a proposed marking to be deemed approved if the State Fire Marshal fails to act within 10 business days. This bill would instead require each manufacturer to submit a written certification to the Attorney General in the form, manner, and detail required by the Attorney General. The bill would authorize the Attorney General to publish on its internet website this information. The bill would require the Attorney General to approve a proposed marking upon a certain finding and would deem a marking approved if the Attorney General fails to act within 30 business days. The bill would authorize the Attorney General to adopt rules and regulations to implement these provisions, including initial emergency regulations. The act establishes several civil penalties for violations of the act and requires some of the penalty moneys to be deposited into the Cigarette Fire Safety and Firefighter Protection Fund. Existing uncodified law requires the moneys in the fund, upon appropriation, to be made available to the State Fire Marshal to administer and implement the act. This bill would require all civil penalties established for violation of the act to be deposited into the fund. The bill would require the moneys in the fund, upon appropriation, to be made available to the Attorney General to offset minor administrative costs to implement the act. The bill would also making a conforming change relating to the fund.