An act TO PROHIBIT THE SALE OF DISPOSABLE VAPOR 16 PRODUCTS FROM A PROHIBITED FOREIGN PARTY, the official text

Stricken language would be deleted from and underlined language would be added to present law.

1 State of Arkansas              As Engrossed: H3/4/25 H3/19/25
2 95th General Assembly
                                          A Bill

3 Regular Session, 2025                                             HOUSE BILL 1626

4

5 By: Representatives Duffield, Achor, F. Allen, Andrews, Barnes, Barnett, Beaty Jr., Beck, Bentley, S.

6 Berry, Breaux, Brooks, K. Brown, Joey Carr, Childress, C. Cooper, Cozart, Crawford, Dalby, Duke,

7 Eaton, Eaves, Ennett, K. Ferguson, D. Garner, Gazaway, Gramlich, Hall, Hawk, Holcomb, Hollowell,

8 Hudson, Jean, L. Johnson, Long, Lundstrum, Lynch, Maddox, Magie, J. Mayberry, McAlindon, McClure,

9 McCullough, M. McElroy, McGrew, McGruder, McNair, Milligan, Nazarenko, Painter, Perry, Pilkington,

10 Puryear, J. Richardson, Richmond, Rose, Rye, Schulz, T. Shephard, Steele, Torres, Tosh, Unger, Walker,

11 Warren, D. Whitaker, Wooten

12 By: Senators Irvin, G. Stubblefield, Stone, D. Wallace, J. Petty, Dees, C. Tucker, J. Bryant

13

14                               For An Act To Be Entitled

15            AN ACT TO PROHIBIT THE SALE OF DISPOSABLE VAPOR

16            PRODUCTS FROM A PROHIBITED FOREIGN PARTY; AND FOR

17            OTHER PURPOSES.

18

19

20                                   Subtitle

21                       TO PROHIBIT THE SALE OF DISPOSAL VAPOR

22                       PRODUCTS FROM A PROHIBITED FOREIGN

23                       PARTY.

24

25 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

26

27  SECTION 1. Arkansas Code � 26-57-203, concerning definitions within

28 the Arkansas Tobacco Products Tax Act of 1977, is amended to add additional

29 subdivisions to read as follows:

30            (38) "Disposable vapor product" means a vapor product that:

31                       (A) Has a battery that is not detachable from the atomizer

32 or vaporizer;

33                       (B) Cannot be refilled with e-liquid; and

34                       (C) Is designed to be disposed of after the e-liquid is

35 used; and

36 (39) "Prohibited foreign party" means the same as in � 18-11-802.

    *JMB119*                                                     03-19-2025 14:13:28 JMB119
    As Engrossed: H3/4/25 H3/19/25                                        HB1626

1

2   SECTION 2. Arkansas Code Title 26, Chapter 57, Subchapter 2, is

3 amended to add an additional section to read as follows:

4   26-57-269. Prohibition on sale of disposable vapor product.

5   (a) A person or entity shall not sell or offer for sale at retail in

6 this state a disposable vapor product from a prohibited foreign party.

7   (b)(1) The Director of Arkansas Tobacco Control may seize and hold for

8 disposition of the courts or the Arkansas Tobacco Control Board any

9 disposable vapor product sold or offered for sale in violation of this

10 section.

11           (2) The processes of seizure, forfeiture, and disposition under

12 � 26-57-247 and the destruction of the seized products under � 26-57-249

13 shall apply to this section.

14  (c) A violation of subsection (a) of this section is a Class A

15 misdemeanor.

16  (d) This section does not apply to a product that has been approved by

17 the United States Food and Drug Administration.

18

19  SECTION 3. DO NOT CODIFY. TEMPORARY LANGUAGE. Notice of act

20 requirements and allowance of a grace period.

21  The Director of Arkansas Tobacco Control shall notify manufacturers,

22 wholesalers, retailers, and vendors licensed under � 26-57-219 of:

23           (1) The requirements of this act and the time frame in which

24 compliance is required; and

25           (2) The allowance of a ninety-day grace period following the

26 effective date of this act during which any disposal vapor product from a

27 prohibited foreign party in their possession shall be liquidated, sold, or

28 disposed of.

29

30                                  /s/Duffield

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