(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 marking shall be considered approved if the state fire marshal fails to act within 10 business days after receiving a request for approval.
(b) Notwithstanding AS 18.74.130, the state fire marshal shall give a preference to proposed packaging marking for a cigarette that is in use and approved for the cigarette under the fire safety standards for cigarettes established by the law of the state of New York, unless the state fire marshal demonstrates a reasonable basis why the proposed packaging marking should not be approved under this chapter.
(c) Notwithstanding AS 18.74.130, the state fire marshal shall approve the use of the letters “FSC” for “fire standards compliant” on proposed packaging marking to indicate that the cigarettes comply with the performance standard in AS 18.74.030(d) or an alternative performance standard under AS 18.74.040.
(d) A manufacturer may not change its approved packaging marking unless the state fire marshal has approved the modification under this section.
(e) A wholesale dealer, an agent, and a retail dealer shall permit the state fire marshal, the department, the attorney general, and the employees of those persons to inspect packaging markings of cigarettes.
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