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 §