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 the state fire marshal finds that the officials responsible for implementing those requirements have approved the proposed alternative test method and performance standard for a particular cigarette proposed by a manufacturer as meeting the fire safety standards of that state's law or regulation under a legal provision comparable to this section, the state fire marshal shall authorize that manufacturer to employ the alternative test method and performance standard to certify that cigarette for sale in this state unless the state fire marshal demonstrates a reasonable basis why the alternative test should not be accepted under this chapter. All other applicable requirements of this section apply to the manufacturer.
4. Each manufacturer shall maintain copies of the reports of all tests conducted on all cigarettes offered for sale for a period of three years, and shall make copies of these reports available to the state fire marshal and the insurance commissioner upon written request. Any manufacturer who fails to make copies of these reports available within sixty days of receiving a written request is subject to a civil penalty not to exceed ten thousand dollars for each day after the sixtieth day that the manufacturer does not make those copies available.
5. The state fire marshal may adopt a subsequent American society of testing and materials standard test method for measuring the ignition strength of cigarettes upon a finding that the subsequent method does not result in a change in the percentage of full-length burns exhibited by any tested cigarette when compared to the percentage of full-length burns the same cigarette would exhibit when tested in accordance with American society of testing and materials standard E2187-04 and the performance standard in subdivision c of subsection 1.
6. The state fire marshal shall review the effectiveness of this section and report each interim to the legislative management the state fire marshal's findings and any recommendation for legislation to improve the effectiveness of this chapter.
7. The requirements of subsection 1 may not prohibit:
a. Wholesale or retail dealers from selling their existing inventory of cigarettes after July 31, 2010, if the wholesale or retail dealers can establish that the inventory was purchased before August 1, 2010, in comparable quantity to the inventory purchased during the same period of the prior year; or b. The sale of cigarettes solely for the purpose of consumer testing. For purposes of this subsection, "consumer testing" means an assessment of cigarettes which is conducted by a manufacturer, or under the control and direction of a manufacturer, for the purpose of evaluating consumer acceptance of those cigarettes, utilizing only the quantity of cigarettes which is reasonably necessary for the assessment.
8. This chapter must be interpreted and construed to effectuate its general purpose to make uniform this chapter with the laws of those states that have enacted reduced cigarette ignition propensity laws as of the date this chapter is enacted. 18-13-03. Certification and product change. (Contingent expiration date - See note) 1. Each manufacturer shall submit to the state fire marshal a written certification attesting that each cigarette listed in the certification has been tested in accordance with section 18-13-02 and each cigarette listed in the certification meets the performance standard set forth in subdivision c of subsection 1 of section 18-13-02.
2. Each cigarette listed in the certification must be described with the following information:
a. Brand or trade name on the package;
b. Style, such as light or ultra light;
c. Length in millimeters;
d. Circumference in millimeters;
e. Flavor, such as menthol or chocolate, if applicable;
f. Filter or nonfilter;
g. Package description, such as soft pack or box;
h. Marking approved in accordance with section 18-13-04;
i. The name, address, and telephone number of the laboratory, if different than the manufacturer that conducted the test; and j. The date that the testing occurred.
3. The certifications must be made available to the insurance commissioner for purposes consistent with this chapter and the state tax commissioner for the purposes of ensuring compliance with this section.
4. Each cigarette certified under this section must be recertified every three years.
5. The state fire marshal shall establish an annual fee to defray the actual costs of the processing, testing, enforcement, and oversight activities required by this chapter. All fees collected must be deposited in the insurance regulatory trust fund.
6. If a manufacturer has certified a cigarette under this section and makes any change to the cigarette which is likely to alter its compliance with the reduced cigarette ignition propensity standards required by this chapter, that cigarette may not be sold or offered for sale in this state until the manufacturer retests the cigarette in accordance with the testing standards set forth in section 18-13-02 and maintains records of that retesting as required by section 18-13-02. Any altered cigarette that does not meet the performance standards set forth in section 18-13-02 may not be sold in this state.