Sec. 18.74.290. Definitions.
In this chapter, (1) “agent” means a person authorized by the department to purchase and affix stamps on packages of cigarettes under AS 43.50.500 – 43.50.700; (2) “cigarette” means a roll for smoking of any size or shape, made wholly or in part of tobacco, whether or not the tobacco is flavored, adulterated, or mixed […]
Sec. 18.74.120. Packaging marking approval.
(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 […]
Sec. 18.74.130. Marking of cigarette packaging.
(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 […]
Sec. 18.74.150. Copies.
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 […]
Sec. 18.74.160. Penalties for violations.
(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 […]
Sec. 18.74.180. Separate accounting.
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.
Sec. 18.74.190. Seizure of cigarettes.
(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 […]
Sec. 18.74.200. Other remedies.
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 […]
Sec. 18.74.040. Alternative test methods.
(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 […]
Sec. 18.74.050. Testing laboratories.
(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 […]