(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 under (a) of this section, the state fire marshal or the department shall
(1) provide the person from whom the cigarette was seized with notice of the seizure and an opportunity for a hearing regarding the seizure; and
(2) permit the holder of the trademark rights in the cigarette brand to inspect the cigarettes.