(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 fire marshal that the performance standard proposed by the manufacturer is equivalent to the performance standard prescribed by AS 18.74.030(d), the manufacturer may employ the proposed alternative test method and performance standard to certify the cigarette under AS 18.74.080.
(b) Unless the state fire marshal demonstrates a reasonable basis why the alternative test method should not be accepted under this chapter, the state fire marshal shall authorize a manufacturer to use an alternative test method and performance standard to certify cigarettes for sale in this state if the state fire marshal
(1) determines that another state has enacted reduced cigarette ignition propensity standards that include a test method and performance standard that are the same as those contained in this chapter; and
(2) finds that the officials responsible for implementing those requirements have approved a proposed alternative test method and performance standard for particular cigarettes proposed by a manufacturer as meeting the fire safety standards of that state's law under a legal provision comparable to this section.
(c) All other applicable requirements of this chapter apply to the manufacturer of the cigarettes tested under this section.
Structure Alaska Statutes
Title 18. Health, Safety, Housing, Human Rights, and Public Defender
Chapter 74. Cigarette Fire Safety
Sec. 18.74.010. Requirement for sale.
Sec. 18.74.030. Testing of cigarettes.
Sec. 18.74.040. Alternative test methods.
Sec. 18.74.050. Testing laboratories.
Sec. 18.74.060. Testing for another purpose.
Sec. 18.74.065. Testing by state fire marshal.
Sec. 18.74.070. Maintenance of records.
Sec. 18.74.080. Certification requirement.
Sec. 18.74.090. Contents of certification.
Sec. 18.74.100. Banding requirement.
Sec. 18.74.110. Availability of certifications.
Sec. 18.74.120. Packaging marking approval.
Sec. 18.74.130. Marking of cigarette packaging.
Sec. 18.74.160. Penalties for violations.
Sec. 18.74.180. Separate accounting.
Sec. 18.74.190. Seizure of cigarettes.
Sec. 18.74.200. Other remedies.
Sec. 18.74.210. Fire prevention and public safety fund.
Sec. 18.74.220. Implementation.
Sec. 18.74.230. Review by state fire marshal.
Sec. 18.74.260. Sale outside the state.
Sec. 18.74.270. Regulation by municipality.