1. (1) Testing of cigarettes shall meet the requirements in T.C.A. § 68-102-503.

2. (2) Alternative testing

   1. (a) A manufacturer of a cigarette that the state fire marshal determines cannot be tested in accordance with the test method prescribed in T.C.A. § 68-102- 503(a)(1) shall propose a test method and performance standard for the cigarette to the state fire marshal.
   2. (b) In proposing an alternative test method and performance standard, the manufacturer of the cigarette shall:
   3. (i) describe why the cigarette cannot be tested in accordance with the test method specified in T.C.A. § 68-102-503(a)(1);
   4. (ii) describe the test method and performance standard requesting to be used;
   5. (iii) specify if the test method and performance method is based on a recognized national standard;
   6. (iv) describe how the test method and performance standard requesting is equivalent to the standards contained in T.C.A. § 68-102-503(a); and
   7. (v) provide information as to whether another state has approved the alternative test method and performance standard for the cigarette or any other cigarette.
   8. (c) Upon a determination by the state fire marshal that the performance standard proposed by the manufacturer is equivalent to the performance standard prescribed in T.C.A. § 68-102-503(a)(3), or a determination that another state has enacted reduced cigarette ignition propensity standards that include a test method and performance standard that are equivalent to those contained in T.C.A. § 68-102-503(a) and officials responsible for implementing those requirements have approved the proposed alternative test method and performance standard for a particular cigarette, the state fire marshal shall approve the proposed test method.
   9. (d) If the state fire marshal approves the proposed test method, the manufacturer may employ such test method.

Authority: T.C.A. §§ 68-102-503 and 68-102-507. Administrative History: Original rule filed September 29, 2009; effective December 28, 2009.