Chapter 64C of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting after section 2 the following section:

SECTION 2A. (1) (a) The commissioner of public health, in consultation with the state fire marshal, shall promulgate fire safety standards for cigarettes sold or offered for sale in the commonwealth. Such standards ensure that:

(1) such cigarettes, if ignited, will stop burning within a time period specified by the standards if the cigarettes are not smoked or drawn upon during that period; and

(2) such cigarettes meet performance standards prescribed by the department of public health to limit the risk that such cigarettes will ignite upholstered furniture, mattresses or other household furnishings.

(b) In promulgating fire safety standards for cigarettes pursuant to this section, such standards issued by the commissioner of public health shall not result in increased health risks to consumers.

(c) The commissioner of public health shall be responsible for administering the provisions of this section.

(d) On or after the date that said fire safety standards take effect, no cigarettes shall be sold or offered for sale in this commonwealth unless the manufacturer thereof has certified in writing to the commissioner of public health and the attorney general that such cigarettes meet the performance standards prescribed by the department of public health pursuant to subsection (a). Certifying manufacturers shall submit to the department of public health data demonstrating their compliance as they have certified in writing. Copies of the written certificates shall be provided by the certifying manufacturer to all wholesalers. The department of public health shall prescribe procedures by which retailers, vending machine operators, transportation companies and unclassified acquirers are notified of which cigarettes have been certified by manufacturers as meeting the performance standards prescribed by the department of public health. Nothing in this subsection shall be construed to prohibit the manufacture in the commonwealth or the wholesale distribution from within the commonwealth of cigarettes that have not been so certified if such cigarettes will be sold in another state or outside the United States.

(e) (1) Any wholesaler or any other person or entity who knowingly sells cigarettes wholesale in violation of this section shall be punished by a fine not to exceed $10,000 per each 10,000 cigarettes sold or fraction thereof. Any retailer, vending machine operator, transportation company or unclassified acquirer who knowingly sells cigarettes in violation of this section shall be punished by (i) a fine not to exceed $500 per each such sale or offer for sale of such cigarettes if the total number of cigarettes sold or offered for sale does not exceed 1,000 cigarettes, or (ii) a fine of $1,000 per each sale or offer for sale of such cigarettes if the total number of cigarettes sold or offered for sale exceeds 1,000 cigarettes.

(2) In addition to any penalty prescribed by law, any corporation, partnership, sole proprietor, limited partnership or association engaged in the manufacture of cigarettes that knowingly makes a false certification pursuant to subsection (d) shall be subject to a civil penalty not to exceed $100,000 for each such false certification.

(3) There shall be in the executive office of administration and finance a special fund to be known as the Cigarette Fire Safety Act Fund. The fund shall consist of all monies recovered by the attorney general from the assessment of civil penalties authorized by this subsection. Such monies shall be deposited to the fund and shall, in addition to any other money made available for such purpose, be available to the department of public health for the purpose of fire safety, education, and prevention programs, including, but not limited to, the Student Awareness of Fire Education Program.

(F) To enforce the provisions of this section, the attorney general may bring an action to enjoin acts in violation of this section and to recover civil penalties authorized under subsection.

SECTION 2. The commissioner of public health shall promulgate the standards required by subsection (a) of section 2A of chapter 64C of the General Laws not later than 18 months after the effective date of this act. These standards and subsection (d) of said section 2A shall take effect 180 days after these standards are promulgated.

SECTION 3. The commissioner of public health shall report to the governor and the clerks of the senate and the house of representatives not later than 6 months after the effective date of this act on the status of his work in promulgating the fire safety standards required by this act.