South Dakota Codified Laws
Chapter 49 - Cigarette Fire Safety Standards
Section 34-49-4 - Alternative test method and performance standard.

34-49-4. Alternative test method and performance standard.
A manufacturer of a cigarette that the state fire marshal determines cannot be tested in accordance with the test method prescribed in §34-49-2 shall propose a test method and performance standard for the cigarette to the state fire marshal. Upon 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 in §34-49-2, the manufacturer may employ such test method and performance standard to certify such cigarette pursuant to §34-49-8. If the state fire marshal 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 the state fire marshal finds that the officials responsible for implementing those requirements have approved the proposed alternative test method and performance standard for a particular cigarette proposed by a manufacturer as meeting the fire safety standards of that state's law or regulation under a legal provision comparable to this section, then the state fire marshal shall authorize that manufacturer to employ the alternative test method and performance standard to certify that cigarette for sale in this state, unless the state fire marshal demonstrates a reasonable basis why the alternative test may not be accepted under this chapter. All other applicable requirements of this chapter apply to the manufacturer.

Source: SL 2009, ch 172, §4, eff. Jan. 1, 2011.

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