Title 18 — Health, Safety, Housing, Human Rights, and Public Defender
43 chapters · 1,022 sections in this title.
AS 18.74.010 Requirement for sale.
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Except as provided by AS 18.74.060, a person may not sell or offer to sell cigarettes in this state, or sell or offer to sell cigarettes to another person located in this state, unless (1) the cigarettes are tested under (A) AS 18.74.030 and satisfy the performance standard in AS…
AS 18.74.030 Testing of cigarettes.
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(a) Cigarettes shall be tested under (1) the ASTM International Standard E2187-04, entitled “Standard Test Method for Measuring the Ignition Strength of Cigarettes”; or (2) a test method established under (b) of this section. (b) The state fire marshal may adopt an ASTM Internati…
AS 18.74.040 Alternative test methods.
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(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 …
AS 18.74.050 Testing laboratories.
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(a) Testing of cigarettes under this chapter shall be performed by a laboratory that has been accredited under standard ISO/IEC 17025 of the International Organization for Standardization or by another comparable accreditation standard required by the state fire marshal. (b) A la…
AS 18.74.060 Testing for another purpose.
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AS 18.74.030 and 18.74.040 do not require cigarettes to be tested if the cigarettes are tested for another purpose and the testing is consistent with this chapter.
AS 18.74.065 Testing by state fire marshal.
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The state fire marshal may perform testing of cigarettes to determine compliance with this chapter. If the state fire marshal or a contractor of the state fire marshal performs testing to determine a cigarette's compliance with the performance standard in AS 18.74.030(d) or an al…
AS 18.74.070 Maintenance of records.
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A manufacturer shall keep for three years copies of the reports of all tests conducted on all cigarettes offered for sale. The manufacturer shall make copies of those reports available to the state fire marshal and the attorney general on written request.
AS 18.74.080 Certification requirement.
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(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 alternati…
AS 18.74.090 Contents of certification.
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The certification required by AS 18.74.080 must provide the following information for each cigarette listed in the certification: (1) the brand or trade name on the package; (2) the style, such as “light” or “ultra-light”; (3) the length in millimeters; (4) the circumference in m…
AS 18.74.100 Banding requirement.
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Each cigarette listed in a certification submitted under AS 18.74.080 that uses lowered permeability bands in the cigarette paper to achieve compliance with the performance standard in AS 18.74.030(d) must have at least two nominally identical bands on the paper surrounding the t…
AS 18.74.110 Availability of certifications.
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The certification required by AS 18.74.080 shall be made available to the attorney general for purposes consistent with this chapter and to the department for the purpose of ensuring compliance with AS 18.74.080.
AS 18.74.120 Packaging marking approval.
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(a) Before submitting a certification of a cigarette under AS 18.74.080, a manufacturer shall present its proposed packaging marking to the state fire marshal for approval. The state fire marshal shall approve or disapprove the proposed packaging marking. Proposed packaging marki…
AS 18.74.130 Marking of cigarette packaging.
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(a) The packaging containing a brand and style of cigarette that a manufacturer certifies under AS 18.74.080 must be marked to indicate compliance with the requirements of this chapter. The packaging marking must be in eight-point type or larger and consist of (1) a modification …
AS 18.74.150 Copies.
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A manufacturer who certifies a cigarette under AS 18.74.080 shall provide a copy of the certification to each wholesale dealer and agent to whom the manufacturer sells the cigarette. The manufacturer shall also provide the wholesale dealer and agent with sufficient copies of an i…
AS 18.74.160 Penalties for violations.
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(a) A manufacturer, a wholesale dealer, an agent, or another person who knowingly sells or offers to sell cigarettes other than through retail sale and in violation of AS 18.74.010 is subject to a civil penalty not to exceed (1) $10,000 for a first violation; (2) $25,000 for each…
AS 18.74.180 Separate accounting.
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The fee received under AS 18.74.080(c) and the civil penalties imposed under AS 18.74.160 shall be deposited into the general fund and separately accounted for under AS 37.05.142. The legislature may appropriate the money accounted for under this section to the fire prevention an…
AS 18.74.190 Seizure of cigarettes.
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(a) If a person is offering for sale or has made a sale of cigarettes in violation of AS 18.74.010, the state fire marshal, the department, or a law enforcement agency shall seize and, subject to (b) of this section, dispose of the cigarettes. (b) Before disposal of cigarettes un…
AS 18.74.200 Other remedies.
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In addition to any other remedy provided by law, the state fire marshal or attorney general may file an action in superior court for a violation of this chapter, including an action for injunctive relief or to recover costs or damages suffered by the state because of a violation …
AS 18.74.210 Fire prevention and public safety fund.
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(a) The fire prevention and public safety fund is established. The fund consists of appropriations made to the fund. (b) The purpose of the fund is to pay the expenses of the state fire marshal and the department for implementing and enforcing this chapter. (c) Money appropriated…
AS 18.74.220 Implementation.
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The substance of the fire safety standards for cigarettes established by the law of the state of New York and the implementation of these standards by the state of New York shall be persuasive authority in the implementation of this chapter by the state fire marshal and the attor…
AS 18.74.230 Review by state fire marshal.
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The state fire marshal shall review the effectiveness of this chapter, report the state fire marshal's findings to the legislature every three years on or by January 30 of the reporting year, and, if appropriate, recommend legislation to improve the effectiveness of this chapter.
AS 18.74.240 Regulations.
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The state fire marshal may adopt regulations to implement this chapter.
AS 18.74.250 Inspections.
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(a) The department may inspect cigarettes held by wholesale dealers, agents, and retail dealers to determine if the cigarettes are marked as required by AS 18.74.120 and 18.74.130. If the cigarettes are not marked as required, the department shall notify the state fire marshal. (…
AS 18.74.260 Sale outside the state.
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This chapter may not be interpreted to prohibit a person from manufacturing or selling cigarettes that do not meet the requirements of this chapter if the cigarettes are or will be stamped for sale in another state or are packaged for sale outside the United States and the person…
AS 18.74.270 Regulation by municipality.
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Notwithstanding any other provision of law, a municipality may not enact or enforce an ordinance or another law of the municipality that conflicts with this chapter.
AS 18.74.280 Relationship to federal law.
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This chapter does not apply if a federal law is enacted that establishes a reduced cigarette ignition propensity standard and preempts this chapter.
AS 18.74.290 Definitions.
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In this chapter, (1) “agent” means a person authorized by the department to purchase and affix stamps on packages of cigarettes under AS 43.50.500 — 43.50.700; (2) “cigarette” means a roll for smoking of any size or shape, made wholly or in part of tobacco, whether or not the tob…