New Process for Tobacco Product Manufacturers
The Oregon Department of Justice (DOJ) and the Oregon State Fire Marshal (OSFM) entered into an agreement whereby DOJ will assist the OSFM in determining whether cigarettes have reduced ignition propensity and in issuing, keeping current, and making available to the public a list of cigarette varieties with reduced ignition propensity as described in
ORS 476.770.
Email all manufacturer certifications made pursuant to ORS 476.780 to the DOJ at
tobaccoenforcementFSC@doj.state.or.us.
If you have any questions or concerns, please contact the DOJ office.
- Civil Enforcement Division
- Oregon Department of Justice
- Phone: 503.934.4400
- Fax: 503.373.7067
Cigarettes must meet state requirements to be sold in Oregon.
Wholesale dealers shall provide one copy of the manufacturers’ illustration to each retail dealer that receives cigarettes from them.
Manufacturers may only sell cigarettes that are fire standard compliant to wholesalers or retailers.
Retail dealers may only sell cigarettes that are fire standard compliant.
If you have questions or need more information, contact our office.
Approved Brands for Oregon
All cigarettes sold in Oregon must be fire standard compliant. Additionally, the Oregon DOJ has state requirements. Click the following links to view cigarettes approved for sale in Oregon.
Method for measuring the ignition strength of cigarettes.
Testing must be conducted on 10 layers of filter paper.
Forty replicate tests shall constitute a complete test trial for each cigarette variety tested.
For a cigarette variety to be declared to have reduced ignition propensity, no more than 25% of the cigarettes in a complete test trial conducted in accordance with an ignition propensity testing method described in this section shall exhibit full-length burns.
A cigarette listed in a certification under ORS 476.780 using lowered permeability bands in the cigarette paper to achieve compliance with the fire safety performance standard described in ORS 476.775 of this section must have:
- At least two nominally identical bands on the paper surrounding the tobacco column.
- If the bands are not positioned on the cigarette by design, at least one complete band must be at least 15 millimeters from the lighting end of the cigarette.
- If the bands are positioned on the cigarette by design, the cigarette must have at least two bands that are entirely located at least 15 millimeters from the lighting end.
- If the cigarette is filtered, that are located at least 10 millimeters from the filter end of the tobacco column.
- If the cigarette is nonfiltered, that are located at least 10 millimeters from the labeled end of the tobacco column.
The laboratory that conducts ignition propensity testing for purposes of ORS 476.775 must have a quality control and assurance program. The program shall be designed to ensure the testing repeatability value for all test trials used to certify a cigarette variety. The repeatability value of ignition propensity testing may not be greater than 0.19.
Any cigarette varieties for sale in Oregon must be certified prior to sale with the following process.
Manufacturers shall submit a written certification attesting that each variety of cigarette listed in the certification has been subjected to ignition propensity testing and meets the fire safety performance standard. The certification shall provide the following information for each variety of cigarette listed:
- Brand name shown on the cigarette packaging
- Style or pack identifier
- Length in millimeters
- Circumference in millimeters
- Flavor, such as menthol or chocolate, if applicable
- Whether the cigarette is filtered or non-filtered
- Packaging description, such as soft pack or box
- Description of the packaging marking approved by the State Fire Marshal
- Name, address and telephone number of the laboratory conducting the ignition propensity testing, if other than the laboratory of the manufacturer
- Date of the ignition propensity testing
The certification of a cigarette variety is valid for three years from the date of receipt by the State Fire Marshal.
Emailing the certification is the preferred method. If you have to mail them, have questions, or need more information, contact our office.
If a manufacturer certifies a cigarette variety and later makes any change that is likely to alter the cigarette variety’s compliance with the fire safety performance standard, before distributing the changed cigarette variety in Oregon, the manufacturer shall retest the ignition propensity of the variety.
The certification of a cigarette variety is valid for three years from the date of receipt by the State Fire Marshal and must be retested and recertified. The recertification must include the following information for each variety of cigarette listed:
- Brand name shown on the cigarette packaging
- Style or pack identifier
- Length in millimeters
- Circumference in millimeters
- Flavor, such as menthol or chocolate, if applicable
- Whether the cigarette is filtered or non-filtered
- Packaging description, such as soft pack or box
- Description of the packaging marking approved by the State Fire Marshal
- Name, address, and telephone number of the laboratory conducting the ignition propensity testing, if other than the laboratory of the manufacturer
- Date of the ignition propensity testing
All cigarette packaging for cigarettes sold in Oregon shall be marked:
- Marking must be in eight-point font or larger
Must consist of one of the following:
- Modification of the Universal Product Code to indicate a visible mark printed at or around the Universal Product Code.
- The mark may consist of alphanumeric or symbolic characters permanently printed, stamped, engraved or embossed in conjunction with the Universal Product Code.
- Visible combination of alphanumeric or symbolic characters permanently stamped, engraved or embossed upon the packaging or cellophane wrapping.
- Printed, stamped, engraved or embossed text indicating that the cigarettes meet the fire safety performance standard established in ORS 476.770.
The State Fire Marshal shall approve or disapprove the proposal for packaging marking. In determining whether to approve or disapprove a proposal for packaging marking the State Fire Marshal:
- Shall give preference to packaging marking that is consistent with the packaging marking in use and approved for that cigarette variety in the State of New York; and
- Shall approve packaging marking that bears the letters “FSC”
A proposal for packaging marking is approved unless the State Fire Marshal disapproves the proposal on or before the 10th day after receipt.
Manufacturers selling cigarettes to wholesaler dealers in Oregon shall provide the wholesale dealers with a copy of the certification submitted to the State Fire Marshal for those cigarettes.
Manufacturers shall provide wholesalers with copies so the wholesale dealers can distribute packaging marking illustrations.
Manufacturers shall supply enough copies of the illustration to allow one copy to each of their retail dealers.
The State Fire Marshal may impose a civil penalty for a violation of ORS 476.760. The civil penalty may not exceed the following:
- For a person that distributes or offers to sell non-compliant cigarettes to a wholesale or retail dealer, $10,000 or five times the wholesale invoice cost of the cigarettes involved in the violation, whichever is greater.
For a person that distributes or offers to sell non-compliant cigarettes to consumers:
- For a distribution or offer of not more than 1,000 cigarettes, $500.
- For a distribution or offer of more than 1,000 cigarettes, $1,000 or five times the retail value of the cigarettes involved in the violation, whichever is greater.
- For a continuing violation of ORS 476.760, each day that a person distributes or offers to sell non-compliant cigarettes after being notified by the State Fire Marshal that the distribution or offer to sell non-compliant cigarettes violates ORS 476.760 is a separate violation subject to civil penalty.
For the purposes of this subsection, a person is notified by the State Fire Marshal that the distribution or offer to sell non-compliant cigarettes violates ORS 476.760 only after the person receives a notice, has been provided an opportunity for a hearing and has exhausted all opportunities for administrative or judicial review of the notice in the manner provided for contested cases under ORS chapter 183.