Section 8-17-270 – Short Title.
Section 8-17-270 Short title. This article shall be known as the Reduced Cigarette Ignition Propensity Standards and Firefighter Protection Act. (Act 2009-630, p. 1927, §1.)
Section 8-17-271 – Definitions.
Section 8-17-271 Definitions. As used in this article, the following terms shall have the following meanings: (1) AGENT. Any person authorized by the Department of Revenue to purchase and affix stamps on packages of cigarettes. (2) CIGARETTE. Any of the following: a. Any roll of tobacco wrapped in paper or in any substance not containing […]
Section 8-17-272 – Testing and Certification of Cigarettes.
Section 8-17-272 Testing and certification of cigarettes. (a) Except as provided in subsection (g), no cigarettes may be sold or offered for sale in this state or offered for sale or sold to persons located in this state unless the cigarettes have been tested in accordance with the test method and meet the performance standard […]
Section 8-17-273 – Manufacturer to Submit Written Certification; Recertification; Fee.
Section 8-17-273 Manufacturer to submit written certification; recertification; fee. (a) Each manufacturer shall submit to the State Fire Marshal a written certification attesting to each of the following: (1) Each cigarette listed in the certification has been tested in accordance with Section 8-17-272. (2) Each cigarette listed in the certification meets the performance standard set […]
Section 8-17-274 – Fire Standards Compliant Marking.
Section 8-17-274 Fire Standards Compliant marking. (a) Cigarettes that are certified by a manufacturer in accordance with Section 8-17-273 shall be marked to indicate compliance with the requirements of Section 8-17-272. The marking shall be in eight point type or larger and consist of the letters FSC, which signifies Fire Standards Compliant, permanently printed, stamped, […]
Section 8-17-275 – Violations.
Section 8-17-275 Violations. (a) A manufacturer, wholesale dealer, agent, or any other person or entity who knowingly sells or offers to sell cigarettes, other than through retail sale, in violation of Section 8-17-272, shall be subject to a civil penalty not to exceed one hundred dollars ($100) for each pack of the cigarettes sold or […]
Section 8-17-276 – Promulgation of Rules; Inspections.
Section 8-17-276 Promulgation of rules; inspections. (a) The State Fire Marshal may promulgate rules pursuant to the Alabama Administrative Procedure Act necessary to effectuate the purposes of this article. (b) The Department of Revenue in the regular course of conducting inspections of wholesale dealers, agents, and retail dealers, as authorized under Section 40-2-11, may inspect […]
Section 8-17-277 – Enforcement.
Section 8-17-277 Enforcement. To enforce this article, the Attorney General, the Department of Revenue, the State Fire Marshal, their duly authorized representatives, and other law enforcement personnel are hereby authorized to examine the books, papers, invoices, and other records of any person in possession, control, or occupancy of any premises where cigarettes are placed, stored, […]
Section 8-17-278 – Reduced Cigarette Ignition Propensity Standards and Firefighter Protection Act Fund.
Section 8-17-278 Reduced Cigarette Ignition Propensity Standards and Firefighter Protection Act Fund. There is hereby established in the State Treasury a special fund to be known as the Reduced Cigarette Ignition Propensity Standards and Firefighter Protection Act Fund. The fund shall consist of all certification fees paid under Section 8-17-273 and monies recovered as penalties […]
Section 8-17-279 – Cigarettes for Sale Outside State.
Section 8-17-279 Cigarettes for sale outside state. Nothing in this article shall be construed to prohibit any person or entity from manufacturing or selling cigarettes that do not meet the requirements of Section 8-17-272 if the cigarettes are or will be stamped for sale in another state or are packaged for sale outside the United […]
Section 8-17-280 – Federal Preemption.
Section 8-17-280 Federal preemption. This article shall be repealed if a federal reduced cigarette ignition propensity standard that preempts this article is adopted and becomes effective. (Act 2009-630, p. 1927, §11.)
Section 8-17-281 – Relation to Local Provisions.
Section 8-17-281 Relation to local provisions. This article preempts any local law, ordinance, or regulation that conflicts with any provision of this article or any policy of the state implemented in accordance with this article and, notwithstanding any other provision of law, a governmental unit of this state may not enact or enforce an ordinance, […]