Except as provided by AS 18.74.060, a person may not sell or offer to sell cigarettes in this state, or sell or offer to sell cigarettes to another person located in this state, unless (1) the cigarettes are tested under (A) AS 18.74.030 and satisfy the performance standard in AS 18.74.030(d); or (B) AS 18.74.040 […]
(a) Cigarettes shall be tested under (1) the ASTM International Standard E2187-04, entitled “Standard Test Method for Measuring the Ignition Strength of Cigarettes”; or (2) a test method established under (b) of this section. (b) The state fire marshal may adopt an ASTM International standard test method that is adopted by the American Society of […]
(a) If the state fire marshal determines that cigarettes cannot be tested by a test method established in AS 18.74.030(a), a manufacturer of the cigarettes shall propose an alternative test method and performance standard for the cigarettes to the state fire marshal. On approval of the proposed test method and a determination by the state […]
(a) Testing of cigarettes under this chapter shall be performed by a laboratory that has been accredited under standard ISO/IEC 17025 of the International Organization for Standardization or by another comparable accreditation standard required by the state fire marshal. (b) A laboratory that conducts cigarette testing under this chapter shall implement a quality control and […]
AS 18.74.030 and 18.74.040 do not require cigarettes to be tested if the cigarettes are tested for another purpose and the testing is consistent with this chapter.
The state fire marshal may perform testing of cigarettes to determine compliance with this chapter. If the state fire marshal or a contractor of the state fire marshal performs testing to determine a cigarette’s compliance with the performance standard in AS 18.74.030(d) or an alternative performance standard under AS 18.74.040, the testing shall be performed […]
A manufacturer shall keep for three years copies of the reports of all tests conducted on all cigarettes offered for sale. The manufacturer shall make copies of those reports available to the state fire marshal and the attorney general on written request.
(a) A manufacturer shall submit to the state fire marshal a certification that each cigarette listed in the certification has been tested under AS 18.74.030 and satisfies the performance standard in AS 18.74.030(d), or has been tested under AS 18.74.040 and satisfies an alternative performance standard under AS 18.74.040. (b) If a manufacturer has certified […]
The certification required by AS 18.74.080 must provide the following information for each cigarette listed in the certification: (1) the brand or trade name on the package; (2) the style, such as “light” or “ultra-light”; (3) the length in millimeters; (4) the circumference in millimeters; (5) the flavor, if applicable; (6) whether the cigarette is […]
Each cigarette listed in a certification submitted under AS 18.74.080 that uses lowered permeability bands in the cigarette paper to achieve compliance with the performance standard in AS 18.74.030(d) must have at least two nominally identical bands on the paper surrounding the tobacco column. At least one complete band must be located at least 15 […]
The certification required by AS 18.74.080 shall be made available to the attorney general for purposes consistent with this chapter and to the department for the purpose of ensuring compliance with AS 18.74.080.
(a) Before submitting a certification of a cigarette under AS 18.74.080, a manufacturer shall present its proposed packaging marking to the state fire marshal for approval. The state fire marshal shall approve or disapprove the proposed packaging marking. Proposed packaging marking shall be considered approved if the state fire marshal fails to act within 10 […]
(a) The packaging containing a brand and style of cigarette that a manufacturer certifies under AS 18.74.080 must be marked to indicate compliance with the requirements of this chapter. The packaging marking must be in eight-point type or larger and consist of (1) a modification of the universal product code to include a visible mark […]
A manufacturer who certifies a cigarette under AS 18.74.080 shall provide a copy of the certification to each wholesale dealer and agent to whom the manufacturer sells the cigarette. The manufacturer shall also provide the wholesale dealer and agent with sufficient copies of an illustration of the cigarette packaging markings used by the manufacturer under […]
(a) A manufacturer, a wholesale dealer, an agent, or another person who knowingly sells or offers to sell cigarettes other than through retail sale and in violation of AS 18.74.010 is subject to a civil penalty not to exceed (1) $10,000 for a first violation; (2) $25,000 for each violation that is not a first […]
The fee received under AS 18.74.080(c) and the civil penalties imposed under AS 18.74.160 shall be deposited into the general fund and separately accounted for under AS 37.05.142. The legislature may appropriate the money accounted for under this section to the fire prevention and public safety fund established under AS 18.74.210.
(a) If a person is offering for sale or has made a sale of cigarettes in violation of AS 18.74.010, the state fire marshal, the department, or a law enforcement agency shall seize and, subject to (b) of this section, dispose of the cigarettes. (b) Before disposal of cigarettes under (a) of this section, the […]
In addition to any other remedy provided by law, the state fire marshal or attorney general may file an action in superior court for a violation of this chapter, including an action for injunctive relief or to recover costs or damages suffered by the state because of a violation of this chapter, including enforcement costs […]
(a) The fire prevention and public safety fund is established. The fund consists of appropriations made to the fund. (b) The purpose of the fund is to pay the expenses of the state fire marshal and the department for implementing and enforcing this chapter. (c) Money appropriated to the fund may be spent for the […]
The substance of the fire safety standards for cigarettes established by the law of the state of New York and the implementation of these standards by the state of New York shall be persuasive authority in the implementation of this chapter by the state fire marshal and the attorney general.
