District of Columbia Code Division I. Government of District. § 7-1753. Test method and performance standard.

(1) A laboratory that conducts a test in accordance with this subsection shall implement a quality control and quality assurance program.

(2) Except as provided in subsection (b) of this section, the testing of cigarettes by manufacturers and the District of Columbia to determine compliance with this subchapter shall be conducted in accordance with the American Society of Testing and Materials (“ASTM”) “Standard Test Method for Measuring the Ignition Strength of Cigarettes” (“ASTM Standard E2187-04”).

(3) The testing of cigarettes shall be conducted on 10 layers of filter paper.

(4) No more than 25% of the cigarettes tested in a test trial shall exhibit full-length burns.

(5) The performance standard required by this section shall only be applied to a complete test trial.

(6) Forty replicate tests shall comprise a complete test trial for each cigarette tested.

(b)(1) If the Mayor determines that cigarettes of a manufacturer cannot be tested in accordance with the test method described in subsection (a) of this section, the Mayor may approve a test method and performance standard proposed by the manufacturer, or other entity, that the Mayor determines are equivalent to and as effective as the test method and performance standard described in subsection (a) of this section.

(2) Following approval by the Mayor of an alternate test method and a determination by the Mayor that the performance standard proposed by the manufacturer, or other entity, is equivalent to the performance standard described in subsection (a) of this section, the manufacturer may use that test method to meet the performance standard required by this subchapter for certification pursuant to § 7-1754.