Section 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 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.

Authorities

18.74.010;18.74.065;18.74.080;18.74.120

Notes

References

AS 18.74.010 Requirement for sale.
AS 18.74.065 Testing by state fire marshal.
AS 18.74.080 Certification requirement.
AS 18.74.120 Packaging marking approval.

History

(Sec. 2 ch 61 SLA 2007)