Reduced Ignition Propensity Cigarette Program
Also known as the
Alaska Fire Safe Cigarette Law
The Alaska Reduced Ignition Propensity (Fire Safe) cigarette program provides industry regulation by requiring cigarette manufacturers to certify that a cigarette variety has been tested and
meets the fire safety standard as having reduced ignition propensity and assists
them in meeting state requirements through technical assistance and program
Dates of Implementation
The bill signed into law July 18, 2007. The effective date for implementation was
August 1, 2008. Cigarettes bought and stamped prior to the effective date of the
legislation may continue to be sold until existing stock is sold providing
inventory does not exceed prior year inventories.
Testing Requirements for Certification
Cigarette varieties must be tested using the ASTM International specification
E2187-04, Standard Test Method for Measuring the Ignition Strength of
- Testing must be conducted on 10 layers of filter paper.
- Forty replicate tests shall constitute a complete test trial for each cigarette
- For a cigarette variety to be declared to have reduced ignition propensity, no
more than 25 percent of the cigarettes in a complete test trial conducted in
accordance with an ignition propensity testing method described in this section
shall exhibit full-length burns.
- A cigarette listed in a certification under section 2 of this 2007 act using
lowered permeability bands in the cigarette paper to achieve compliance with the
fire safety performance standard described in subsection (6) of this section
- At least two nominally identical bands on the paper surrounding the tobacco
- If the bands are not positioned on the cigarette by design, at least one
complete band must be at least 15 millimeters from the lighting end of the
- If the bands are positioned on the cigarette by design, the cigarette must have
at least two bands that are entirely located at least 15 millimeters from the
- If the cigarette is filtered, that are located at least 10 millimeters from the
filter end of the tobacco column.
- If the cigarette is nonfiltered, that are located at least 10 millimeters from
the labeled end of the tobacco column.
The laboratory that conducts ignition propensity testing for purposes of section
2 of this 2007 act must have a quality control and assurance program. The
program shall be designed to ensure the testing repeatability value for all test
trials used to certify a cigarette variety. The repeatability value of ignition
propensity testing may not be greater than 0.19.
Alternative Test Methods
- 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.
- 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.
- 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
- 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
- All other applicable requirements of this chapter apply to the manufacturer of
the cigarettes tested under this section.
Brand Certification Requirements
Manufacturers shall submit a written certification attesting that each variety of
cigarette listed in the certification has been subjected to ignition propensity
testing and meets the fire safety performance standard. The certification shall
provide the following information for each variety of cigarette listed:
- Brand name shown on the cigarette packaging.
- Style, such as light or ultralight.
- Length in millimeters.
- Circumference in millimeters.
- Flavor, such as menthol or chocolate, if applicable.
- Whether the cigarette is filtered or nonfiltered.
- Packaging description, such as soft pack or box.
- Description of the packaging marking approved by the State Fire Marshal.
- Name, address and telephone number of the laboratory conducting the ignition
propensity testing, if other than the laboratory of the manufacturer.
- Date of the ignition propensity testing.
The certification of a cigarette variety is valid for three years from the
effective date of the legislation effective date or three years from initial
submittal after the date of receipt and payment of the certification fee for
each brand style to be sold in Alaska. Payment is to be made to the State of
Alaska and sent to the State Fire Marshal with the certification application
and testing data.
If a manufacturer certifies a cigarette variety and later makes any change that
is likely to alter the cigarette varietys compliance with the fire safety
performance standard, before distributing the changed cigarette variety in
Alaska, the manufacturer shall retest the ignition propensity of the variety.
Packaging Marking Approval
- 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.
- 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
- 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.
- A manufacturer may not change its approved packaging marking unless the state
fire marshal has approved the modification under this section.
- 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.
Marking of Cigarette Packaging
- 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:
- a modification of the universal product code to include a visible mark
printed at or around the area of the code; the mark may consist of alphanumeric
or symbolic characters and must be permanently stamped, engraved, embossed, or
printed in conjunction with the universal product code;
- any visible combination of alphanumeric or symbolic characters permanently
stamped, engraved, or embossed on the package or wrapping; or
- printed, stamped, engraved, or embossed text on the cigarette package that
indicates that the cigarettes satisfy the requirements of this chapter.
- A manufacturer shall use only one packaging marking and apply that packaging
marking uniformly to all packaging and to all brands marketed by the
manufacturer for sale in this state.
A certification fee of $250 is required for each style (i.e., 100s, Lights, Menthol) within each brand family.
Penalties for Violations
- 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:
- $10,000 for a first violation;
- $25,000 for each violation that is not a first violation.
- A retail dealer who knowingly sells or offers to sell cigarettes in violation of
AS 18.74.010 is subject, for each sale or offer to sell, to a civil penalty not
- $500 for a first violation in which the total number of cigarettes sold or
offered for sale does not exceed 1,000 cigarettes;
- $2,000 for each violation that is not a first violation and in which the total
number of cigarettes sold or offered for sale does not exceed 1,000 cigarettes;
- $1,000 for a first violation in which the total number of cigarettes sold or
offered for sale exceeds 1,000 cigarettes;
- $5,000 for a violation that is not a first violation and in which the total
number of cigarettes sold or offered for sale exceeds 1,000 cigarettes.
- The penalties against one manufacturer, wholesale dealer, agent, or other person
may not exceed $100,000 for violations occurring during a 30-day period; or one
retail dealer may not exceed $25,000 for violations occurring during a 30-day
- In addition to any other penalty prescribed by law, a person engaged in the
manufacture of cigarettes who knowingly makes a false certification under AS
18.74.080 is subject to a civil penalty of at least $75,000 for a first
violation and a civil penalty not exceeding $250,000 for each violation that is
not a first violation.
- A manufacturer who fails to make copies of reports available under AS 18.74.070
within 60 days after receiving a written request from the state fire marshal or
the attorney general is subject to a civil penalty not to exceed $10,000 for
each day after the 60th day that the manufacturer does not make the copies
- If a person violates a provision of this chapter and a civil penalty is not set
for the violation, the person is subject to a civil penalty not to exceed $1,000
for a first violation and a civil penalty not exceeding $5,000 for each
violation that is not a first violation.
Alaska Fire Safe Cigarette Law Information and Forms:
Send certification and payment to the attention of:
Assistant State Fire Marshal
5700 E. Tudor Road
Anchorage, Alaska 99507
Phone: (907) 269-5491
Fax: (907) 338-4375