(1) Each manufacturer shall submit to the state director of fire protection a written certification attesting that:

     (a) Each cigarette listed in the certification has been tested in accordance with RCW 19.305.020; and

     (b) Each cigarette listed in the certification meets the performance standard set forth in RCW 19.305.020(1)(c).

     (2) Each cigarette listed in the certification shall be described with the following information:

     (a) Brand or trade name on the package;

     (b) Style, such as light or ultra light;

     (c) Length in millimeters;

     (d) Circumference in millimeters;

     (e) Flavor, such as menthol or chocolate, if applicable;

     (f) Filter or nonfilter;

     (g) Package description, such as soft pack or box;

     (h) Marking approved in accordance with RCW 19.305.040;

     (i) The name, address, and telephone number of the laboratory, if different than the manufacturer that conducted the test; and

     (j) The date the testing occurred.

     (3) The certifications must be made available to the attorney general for purposes consistent with this chapter and the department of revenue for the purposes of ensuring compliance with this section.

     (4) Each cigarette certified under this section must be recertified every three years.

     (5) For each cigarette listed in a certification, a manufacturer shall pay to the state director of fire protection a fee of two hundred fifty dollars. The state director of fire protection is authorized to annually adjust this fee to ensure it defrays the actual costs of the processing, testing, enforcement, and oversight activities required by this chapter.

     (6) If a manufacturer has certified a cigarette under this section, and thereafter makes any change to that cigarette that is likely to alter its compliance with the reduced cigarette ignition propensity standards required by this chapter, that cigarette may not be sold or offered for sale in this state until the manufacturer retests the cigarette in accordance with the testing standards set forth in RCW 19.305.020 and maintains records of that retesting as required by RCW 19.305.020. Any altered cigarette which does not meet the performance standard set forth in RCW 19.305.020 may not be sold in this state.

[2008 c 239 § 3.]