Section 18.74.080. Certification requirement.

   (a) A manufacturer shall submit to the state fire marshal a certification that each cigarette listed in the certification has been tested under AS 18.74.030 and satisfies the performance standard in AS 18.74.030(d), or has been tested under AS 18.74.040 and satisfies an alternative performance standard under AS 18.74.040.
   (b) If a manufacturer has certified a cigarette under this section and subsequently makes a change to the cigarette that is likely to alter its compliance with the performance standard under AS 18.74.030(d) or an alternative performance standard under AS 18.74.040, the cigarette may not be sold or offered for sale in this state or sold to a person located in this state until the manufacturer retests the cigarette under AS 18.74.030 or 18.74.040, the cigarette meets the performance standard under AS 18.74.030(d) or the alternative performance standard under AS 18.74.040, and the manufacturer maintains records of the retesting under AS 18.74.070.
   (c) For each cigarette listed in a certification submitted under (a) of this section, a manufacturer shall pay to the state fire marshal a fee of $250. The state fire marshal may adjust this fee annually to ensure that it defrays the actual costs of the processing, testing, enforcement, and oversight activities required by this chapter.
   (d) Each cigarette certified under this section shall be recertified every three years.

Authorities

18.74.010;18.74.040;18.74.090;18.74.100;18.74.110;18.74.120;18.74.130;18.74.150;18.74.160;18.74.180;37.05.146

Notes

References

AS 18.74.010 Requirement for sale.
AS 18.74.040 Alternative test methods.
AS 18.74.090 Contents of certification.
AS 18.74.100 Banding requirement.
AS 18.74.110 Availability of certifications.
AS 18.74.120 Packaging marking approval.
AS 18.74.130 Marking of cigarette packaging.
AS 18.74.150 Copies.
AS 18.74.160 Penalties for violations.
AS 18.74.180 Separate accounting.
AS 37.05.146 Definition of program receipts and non-general fund program receipts.

History

(Sec. 2 ch 61 SLA 2007)