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1 State of Arkansas As Engrossed: S2/25/25 S3/17/25
2 95th General Assembly
A Bill
3 Regular Session, 2025 SENATE BILL 252
4
5 By: Senator J. Dismang
6 By: Representatives Wardlaw, K. Brown
7
8 For An Act To Be Entitled
9 AN ACT TO AMEND THE ARKANSAS TOBACCO PRODUCTS TAX ACT
10 OF 1977; TO INFORM THE PUBLIC OF HEALTH RISKS CAUSED
11 BY VAPOR PRODUCTS AND E-LIQUID PRODUCTS; TO PREVENT
12 CONTAMINATION, ADULTERATION, OR INCLUSION OF
13 INGREDIENTS OR OTHER SUBSTANCES IN VAPOR PRODUCTS OR
14 E-LIQUID PRODUCTS THAT MIGHT CAUSE HARM TO PUBLIC
15 HEALTH AND SAFETY; TO ENSURE THE SAFETY OF ARKANSAS
16 YOUTH; AND FOR OTHER PURPOSES.
17
18
19 Subtitle
20 TO INFORM THE PUBLIC OF HEALTH RISKS
21 CAUSED BY VAPOR PRODUCTS AND E-LIQUID
22 PRODUCTS; AND TO ENSURE THE SAFETY OF
23 ARKANSAS YOUTH.
24
25 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
26
27 SECTION 1. Arkansas Code 19-6-831(b)(2), effective until the
28 contingency in Acts 2023, No. 629, � 17, is met, concerning the creation of
29 the Arkansas Tobacco Control Revenue Fund, is amended to read as follows:
30 (2) The fund also shall consist of any other revenues authorized
31 by law, including without limitation all certification fees collected by
32 Arkansas Tobacco Control under � 20-65-201 et seq. and all civil penalties
33 collected by Arkansas Tobacco Control under � 20-65-204(c).
34
35 SECTION 2. Arkansas Code 19-6-831(b)(2), effective when the
36 contingency in Acts 2023, No. 629, � 17, is met, concerning the creation of
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1 the Arkansas Tobacco Control Revenue Fund, is amended to read as follows:
2 (2) The fund also shall consist of any other revenues authorized
3 by law, including without limitation all certification fees collected by
4 Arkansas Tobacco Control under � 20-65-201 et seq. and all civil penalties
5 collected by Arkansas Tobacco Control under � 20-65-204(c).
6
7 SECTION 3. Arkansas Code 19-6-831(c)(1), effective until the
8 contingency in Acts 2023, No. 629, � 17, is met, concerning the creation of
9 the Arkansas Tobacco Control Revenue Fund, is amended to read as follows:
10 (c)(1) The fund shall be used for expenses incurred by Arkansas
11 Tobacco Control in the organization, maintenance, operation, and merchant
12 education and training with regard to enforcement of � 5-27-227, � 20-65-101
13 et seq., the Arkansas Tobacco Products Tax Act of 1977, � 26-57-201 et seq.,
14 and the Unfair Cigarette Sales Act, � 4-75-701 et seq.
15
16 SECTION 4. Arkansas Code 19-6-831(c)(1), effective when the
17 contingency in Acts 2023, No. 629, � 17, is met, concerning the creation of
18 the Arkansas Tobacco Control Revenue Fund, is amended to read as follows:
19 (c)(1) The fund shall be used for expenses incurred by Arkansas
20 Tobacco Control in the organization, maintenance, operation, and merchant
21 education and training with regard to enforcement of � 5-27-227, � 20-65-101
22 et seq., the Arkansas Tobacco Products Tax Act of 1977, � 26-57-201 et seq.,
23 � 20-56-401 et seq., and the Unfair Cigarette Sales Act, � 4-75-701 et seq.
24
25 SECTION 5. Arkansas Code Title 20 is amended to add an additional
26 chapter to read as follows:
27 CHAPTER 65 -- TOBACCO PRODUCTS, VAPOR PRODUCTS, ALTERNATIVE NICOTINE PRODUCTS,
28 AND E-LIQUID PRODUCTS
29
30 Subchapter 1 -- General Provisions
31
32 20-65-101. Definitions.
33 As used in this chapter, unless otherwise specified:
34 (1)(A) "Alternative nicotine product" means a product that
35 consists of or contains nicotine from any source that can be ingested into
36 the body by chewing, smoking, absorbing, dissolving, inhaling, snorting,
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1 sniffing, or by any other means.
2 (B) "Alternative nicotine product" does not include a:
3 (i) Tobacco product;
4 (ii) Vapor product;
5 (iii) Product that is a drug under 21 U.S.C. �
6 321(g)(1);
7 (iv) Product that is a device under 21 U.S.C. �
8 321(h); or
9 (v) Product that constitutes a combination drug,
10 device, or biological product as described in 21 U.S.C. � 353(g);
11 (2) "Annual" or "annually" means the fiscal year from July 1
12 through the following June 30;
13 (3) "Brand family" means all styles of vapor products,
14 alternative nicotine products, and e-liquid products sold under the same
15 trademark and differentiated from another style by means of additional
16 modifiers or descriptors, and includes any brand name alone or in conjunction
17 with any other word, trademark, logo, symbol, motto, selling message,
18 recognizable pattern of colors, or any other indicia of product
19 identification identical to, similar to, or identifiable with a previously
20 known brand of vapor products, alternative nicotine product, or e-liquid
21 products;
22 (4) "Childcare facility" means the same as provided in � 20-78-
23 202;
24 (5) "Child-resistant packaging" means packaging that is designed
25 or constructed to be compliant with the Federal Child Nicotine Poisoning
26 Prevention Act, Pub. L. No. 114-116, 15 U.S.C. � 1472a;
27 (6) "Consumer" means a member of the public at large;
28 (7) "E-liquid" and "e-liquid product" means a liquid product,
29 which may or may not contain nicotine, that is inhaled when using a vapor
30 product and that may or may not include without limitation propylene glycol,
31 vegetable glycerin, nicotine from any source, and flavorings;
32 (8)(A) "E-liquid container" means a bottle or other container of
33 e-liquid that is sold or provided for mixing at retail and is marketed or
34 intended for use in a vapor product.
35 (B) "E-liquid container" does not include e-liquid
36 contained in a cartridge that is sold, marketed, or intended for use in a
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1 vapor product if the cartridge is prefilled and sealed by the manufacturer
2 and is not intended to be opened by the consumer;
3 (9) "Healthcare facility" means the same as in � 20-27-1803;
4 (10)(A) "Manufacturer" means a person that manufactures,
5 fabricates, assembles, or processes a tobacco product or manufactures or
6 fabricates a vapor product, alternative nicotine product, or e-liquid
7 product, including without limitation a federally licensed importer and a
8 federally licensed distributor that deals in tobacco products, vapor
9 products, alternative nicotine products, or e-liquid products.
10 (B) "Manufacturer" includes a sales entity affiliate of
11 the manufacturer or any other entity representing the manufacturer with
12 regard to the sale of tobacco products, vapor products, alternative nicotine
13 products, or e-liquid products produced by the manufacturer to wholesalers or
14 permitted retailers.
15 (C) "Manufacturer" specifically includes a person that
16 mixes, compounds, repackages, or resizes e-liquid products or vapor products;
17 (11) "School" means:
18 (A) Any buildings, parking lots, playing fields,
19 playgrounds, school buses, or other school vehicles; or
20 (B) Any off-campus school-sponsored or school-sanctioned
21 events with respect to any public school, open-enrollment public charter
22 school, or private school where children attend classes in kindergarten
23 through grade twelve (K-12);
24 (12) "Tobacco products" means all products containing tobacco
25 for consumption, including without limitation cigarettes, cigars, little
26 cigars, cigarillos, chewing tobacco, smokeless tobacco, snuff, smoking
27 tobacco, including pipe tobacco, and smoking tobacco substitutes; and
28 (13) "Vapor product" means an electronic oral device of any size
29 or shape that contains a vapor of nicotine, e-liquid, or any other substance
30 that when used or inhaled simulates smoking, regardless of whether a visible
31 vapor is produced, including without limitation a device that:
32 (A) Is composed of a heating element, battery, electronic
33 circuit, chemical process, mechanical device, or a combination of heating
34 element, battery, electronic circuit, chemical process, or mechanical device;
35 (B) Works in combination with a cartridge, other
36 container, or liquid delivery device containing nicotine, e-liquid, or any
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1 other substance and manufactured for use with vapor products;
2 (C) Is manufactured, distributed, marketed, or sold as any
3 type or derivation of a vapor product, e-cigarette, e-cigar, e-pipe, or any
4 other product name or descriptor; and
5 (D) Does not include a product regulated as a drug or
6 device by the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. � 301 et seq.,
7 as it existed on January 1, 2015.
8
9 20-65-102. Safety inspections -- Child-resistant packaging.
10 (a) To ensure that the citizens of this state receive only tobacco
11 products, vapor products, alternative nicotine products, or e-liquid products
12 that are fresh, uncontaminated, unadulterated, and otherwise free of
13 substances that might cause harm to public health and safety, and to ensure
14 the safety of Arkansas youth, the Director of Arkansas Tobacco Control may:
15 (1) Inspect or cause to be inspected any tobacco products, vapor
16 product, alternative nicotine product, or e-liquid container in places of
17 storage or distribution authorized under state law;
18 (2) In addition to any authorization or remedy under law,
19 require any tobacco products, vapor products, alternative nicotine products,
20 or e-liquid containers found to be contaminated, adulterated, damaged, or not
21 fresh be removed from stock and be either returned to the proper wholesaler
22 or manufacturer for disposal according to law or delivered to the director
23 for destruction or disposal;
24 (3) Prescribe any form, application, certificate, or other
25 documentation or record to be used in the administration and enforcement of
26 this chapter; and
27 (4) Promulgate rules necessary to implement and effectuate the
28 purposes of this chapter.
29 (b) All alternative nicotine products and e-liquids sold at retail in
30 this state shall be sold in child-resistant packaging.
31
32 20-65-103. Prohibition on use in certain settings.
33 It is a violation of this chapter for any person to use a tobacco
34 product, vapor product, alternative nicotine product, or e-liquid product in
35 or on the grounds of any school, childcare facility, or healthcare facility.
36
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1 20-65-104. Advertising prohibitions for vapor product, alternative
2 nicotine product, e-liquid product, or e-liquid container.
3 A person may not advertise, market, or offer for sale in this state any
4 tobacco products, vapor products, alternative nicotine products, e-liquid
5 products, or e-liquid containers by using, in the labeling or design of the
6 product, its packaging, or its advertising or marketing materials, trade
7 dress, trademarks, branding, or other related imagery that:
8 (1) Imitates or replicates those of food brands or other related
9 products that are commonly marketed to children or minors, including without
10 limitation breakfast cereals, cookies, juice drinks, soft drinks, frozen
11 drinks, ice creams, sorbets, sherbets, and frozen pops;
12 (2) Depicts or signifies characters or symbols that are known to
13 a reasonable person to appeal primarily to or are commonly associated with
14 children or minors, including without limitation superheroes, cartoons or
15 cartoon characters, anime characters, comic book characters, video game
16 characters, television show characters, movie characters, mythical creatures,
17 or unicorns, or that otherwise incorporates related imagery or scenery; or
18 (3) Uses the terms "candy", "candies", "cake", "cakes", "pies",
19 or "cupcakes" or any variant of these terms when that variant term is used in
20 a manner to market to children or minors or known to a reasonable person to
21 appeal primarily to children or minors, or any other term referencing a type
22 or brand of candy, cakes, pastries, or pies, including types or brands of
23 candies, cakes, pastries, or pies that do not include the words "candy",
24 "candies", "cake", "cakes", "pies", or "cupcakes" in their names, labels, or
25 slogans.
26
27 20-65-105. Contaminated or adulterated tobacco products, vapor
28 products, alternative nicotine products, or e-liquid products.
29 (a) It is a violation of this chapter for any person to offer for sale
30 in this state or sell to persons located in this state any contaminated or
31 adulterated tobacco products, vapor product, alternative nicotine product, or
32 e-liquid product.
33 (b) A tobacco product, vapor product, alternative nicotine product, or
34 e-liquid product in this state is contaminated or adulterated if the product:
35 (1) Consists in whole or in part of any filthy, putrid, or
36 decomposed substance;
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1 (2) Contains any added poisonous or deleterious substance that
2 may render the product injurious to public health; or
3 (3) Does not have an approved certification as required in � 20-
4 65-202.
5
6 Subchapter 2 -- Manufacturer Directory for Vapor Products and E-liquid
7 Products
8
9 20-65-201. Definitions.
10 As used in this subchapter:
11 (1)(A) "E-liquid" and "e-liquid product" means a liquid product
12 containing nicotine from any source that is inhaled when using a vapor
13 product, and that may or may not include without limitation propylene glycol,
14 vegetable glycerin, and flavorings.
15 (B) "E-liquid" and "e-liquid product" does not include a
16 product that is a nicotine solution sold in a container without a battery or
17 atomizer and that is intended to be refillable or that otherwise makes the
18 nicotine solution accessible to the consumer through customary or reasonably
19 foreseeable handling or use; and
20 (2)(A) "Vapor product" means an electronic oral device of any
21 size or shape that contains a vapor of nicotine or e-liquid that when used or
22 inhaled simulates smoking, regardless of whether a visible vapor is produced,
23 including without limitation a device that:
24 (i) Is composed of a heating element, battery, electronic
25 circuit, chemical process, mechanical device, or a combination of heating
26 element, battery, electronic circuit, chemical process, or mechanical device;
27 (ii) Works in combination with a cartridge, other
28 container, or liquid delivery device containing nicotine from any source or
29 e-liquid and manufactured for use with vapor products; and
30 (iii) Is manufactured, distributed, marketed, or sold as
31 any type or derivation of a vapor product, e-cigarette containing nicotine
32 from any source, e-cigar containing nicotine from any source, e-pipe
33 containing nicotine from any source, or any other vapor product name or
34 descriptor.
35 (B) "Vapor product" does not include:
36 (i) A device that:
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1 (a) Uses removable batteries;
2 (b) Is sold without e-liquid; and
3 (c) Is designed to utilized e-liquid in a
4 refillable container; or
5 (ii) A product regulated as a drug or device by the
6 Federal Food, Drug, and Cosmetic Act, 21 U.S.C. � 301 et seq., as it existed
7 on January 1, 2015.
8
9 20-65-202. Establishment.
10 (a) The Director of Arkansas Tobacco Control shall develop and
11 maintain a directory listing all manufacturers that have provided
12 certifications that comply with this subchapter and each vapor product and e-
13 liquid product that is listed in those certifications.
14 (b) The director shall:
15 (1) Make the directory available for public inspection on
16 Arkansas Tobacco Control's website by November 1, 2025; and
17 (2) Update the directory to correct mistakes and add or remove
18 manufacturers of a vapor product or e-liquid product consistent with the
19 requirements of this section on a monthly basis.
20 (c) A person or entity is deemed to have received notice as required
21 under subsection (d) of this section that a vapor product or e-liquid product
22 of a manufacturer is not included in the directory maintained by Arkansas
23 Tobacco Control under this section at the time Arkansas Tobacco Control's
24 website fails to list any vapor product or e-liquid product in the directory
25 or at the time the director removes the vapor product or e-liquid product
26 from the directory.
27 (d)(1)(A) The director may not remove the manufacturer or its vapor
28 product or e-liquid product from the directory until at least fifteen (15)
29 days after the manufacturer has been given notice of an intended action.
30 (B) Notice shall be sufficient and be deemed immediately
31 received by a manufacturer if the notice is sent either electronically or by
32 facsimile to an email address or facsimile number, as the case may be,
33 provided by the manufacturer in the manufacturer's most recent certification
34 filed under this subchapter.
35 (2) The vapor product or e-liquid product manufacturer shall
36 have fifteen (15) days from the date of service of the notice of the
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1 director's intended action to establish that the vapor product or e-liquid
2 product manufacturer or its vapor product or e-liquid product should be
3 included in the directory.
4 (3) If after fifteen (15) days from the date of service of the
5 notice of the director's intended action the manufacturer of the vapor
6 product or e-liquid products remains in noncompliance, and the manufacturer
7 has not requested a hearing before the Arkansas Tobacco Control Board within
8 fifteen (15) days of notice of the director's intended action, the
9 manufacturer and its vapor product or e-liquid product shall be removed from
10 the directory.
11 (4) Every manufacturer shall provide and update as necessary an
12 email address to the director for the purpose of receiving any notifications
13 required by this subchapter.
14 (e)(1) Beginning September 1, 2025, a vapor product or e-liquid
15 product shall not be offered for sale in this state or sold to a person
16 located in this state unless the manufacturer certifies before that date, on
17 a form prescribed by the director, under penalty of perjury, that:
18 (A) The vapor product or e-liquid product was on the
19 market in the United States as of August 8, 2016, and the manufacturer has
20 applied for a marketing order under 21 U.S.C. � 387j for the vapor product or
21 e-liquid product, whichever is applicable, by submitting a premarket tobacco
22 product application on or before September 9, 2020, and either:
23 (i) The premarket tobacco application for the vapor
24 product, alternative nicotine product, or e-liquid product remains under
25 review by the United States Food and Drug Administration; or
26 (ii) The United States Food and Drug Administration
27 has issued a marketing denial order for the vapor product or e-liquid
28 product, whichever is applicable, but the United States Food and Drug
29 Administration or a federal court has issued a stay order or injunction
30 during the pendency of the manufacturer's appeal of the marketing denial
31 order;
32 (B) The manufacturer has received a marketing granted
33 order under 21 U.S.C. � 387j for the vapor product or e-liquid product from
34 the United States Food and Drug Administration; or
35 (C) The manufacturer is not required to submit an
36 additional marketing granted order or premarket tobacco product application
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1 for the vapor product or e-liquid product because the vapor product or e-
2 liquid product merely reflects changes to the name, brand family, or
3 packaging of a vapor product or e-liquid product that is covered under
4 subdivision (e)(1)(A) or (e)(1)(B) of this section.
5 (2) In addition to the requirements in subdivision (e)(1) of
6 this section, each manufacturer shall provide to Arkansas Tobacco Control a
7 copy of the cover page of the:
8 (A) Premarket tobacco application with evidence of receipt
9 of the application by the United States Food and Drug Administration;
10 (B) Document issued by the United States Food and Drug
11 Administration or by a court confirming that the premarket tobacco product
12 application has received a marketing denial order that has been and remains
13 stayed by the United States Food and Drug Administration or court order,
14 rescinded by the United States Food and Drug Administration, or vacated by a
15 court; or
16 (C) Marketing granted order issued under 21 U.S.C. � 387j.
17 (3)(A) The information submitted by the manufacturer under
18 subdivision (e)(2) of this section shall be considered confidential
19 commercial or financial information for purposes of the Freedom of
20 Information Act of 1967, � 25-19-101 et seq.
21 (B) The manufacturer may redact certain confidential
22 commercial or financial information provided under subdivision (e)(2) of this
23 section.
24 (C) The director shall not disclose confidential
25 commercial or financial information except as required or authorized by law.
26
27 20-65-203. Material change to certification.
28 A manufacturer shall notify the Director of Arkansas Tobacco Control
29 within thirty (30) days of any material change to the information provided in
30 � 20-65-202, including issuance by the United States Food and Drug
31 Administration of:
32 (1) A marketing granted order issued under 21 U.S.C. � 387j;
33 (2) An order requiring a manufacturer to remove a vapor product
34 or e-liquid product from the market either temporarily or permanently;
35 (3) Any notice of action taken by the United States Food and
36 Drug Administration affecting the ability of the new vapor product or e-
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1 liquid product to be introduced or delivered into interstate commerce for
2 commercial distribution; or
3 (4) Any change in policy that results in a vapor product or e-
4 liquid product no longer being exempt from oversight of the United States
5 Food and Drug Administration.
6
7 20-65-204. Fees -- Violations.
8 (a)(1) Each certifying manufacturer shall pay an initial fee of five
9 hundred dollars ($500) for each brand family of vapor products or e-liquid
10 products to offset the costs incurred by Arkansas Tobacco Control for
11 processing the certifications and operating the directory under � 20-65-202.
12 (2) The Director of Arkansas Tobacco Control shall collect an
13 annual fee of two hundred fifty dollars ($250) for each brand family of vapor
14 products or e-liquid products to offset the costs associated with maintaining
15 the directory and satisfying the requirements of this subchapter.
16 (3) Any certification fees collected under this section shall be
17 deposited into the Arkansas Tobacco Control Revenue Fund established under �
18 19-6-831.
19 (b)(1) If a manufacturer can demonstrate to the director that the
20 United States Food and Drug Administration has issued a rule, guidance, or
21 any other formal statement that temporarily exempts a vapor product or e-
22 liquid product from the federal premarket tobacco application requirements,
23 the vapor product or e-liquid product may be added to the directory upon
24 request by the manufacturer if the manufacturer provides sufficient evidence
25 that the vapor product or e-liquid product is compliant with the federal
26 rule, guidance, or other formal statement, as applicable.
27 (2) On and after November 1, 2025, or on the date that Arkansas
28 Tobacco Control first makes the directory available for public inspection on
29 its website as provided in � 20-65-202, whichever is later, a manufacturer
30 who offers for sale a vapor product or e-liquid product that is not listed on
31 the directory is subject to a civil penalty of one thousand dollars ($1,000)
32 for each vapor product or e-liquid product offered for sale in violation of �
33 20-65-202 until the vapor product or e-liquid product is removed from the
34 market or properly listed on the directory.
35 (3) In addition to any penalty prescribed by law, a corporation,
36 partnership, sole proprietor, limited partnership, or association engaged in
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1 the manufacture of vapor products or e-liquid products that knowingly makes a
2 false certification under this subchapter is subject to a civil penalty of
3 not less than seventy-five thousand dollars ($75,000) but not more than two
4 hundred fifty thousand dollars ($250,000) for each false certification.
5 (4) A repeated violation of this section shall constitute a
6 deceptive trade practice under � 4-88-101 et seq.
7 (5) Beginning on November 1, 2025, or on the date that Arkansas
8 Tobacco Control first makes the directory available for public inspection on
9 its website under this subchapter, whichever is later, and subject to
10 subdivisions (b)(7) and (b)(8) of this section, it is unlawful for any person
11 or entity to sell, offer, or possess in this state, or import for personal
12 consumption in this state, a vapor product or an e-liquid product that the
13 person or entity knows is not included in the directory maintained by the
14 director under this subchapter.
15 (6) A person or entity is deemed to have received notice that a
16 manufacturer is not included in the directory maintained by Arkansas Tobacco
17 Control at the time Arkansas Tobacco Control's website fails to list any
18 manufacturer in the directory or at the time the director removes the
19 manufacturer from the directory.
20 (7) If a vapor product or e-liquid product or a manufacturer of
21 a vapor product or e-liquid product is removed from the directory established
22 and maintained by the director under � 20-65-202, each wholesaler shall have
23 sixty (60) days from the date the vapor product or e-liquid product is
24 removed from the directory to remove any vapor product or e-liquid product
25 from the wholesaler's inventory and physical location where the wholesaler
26 takes orders for, receives orders for, or sells the vapor product or e-liquid
27 product.
28 (8) If a vapor product or e-liquid product or a manufacturer of
29 a vapor product or e-liquid product is removed from the directory established
30 and maintained by the director under � 20-65-202, each retailer shall have
31 one hundred twenty (120) days from the date any vapor product or e-liquid
32 product is removed from the directory to sell or remove the vapor product or
33 e-liquid product from the retailer's inventory and permitted location.
34 (c)(1) In addition to the other fines and forfeitures, a person who
35 violates this section may be subject to a penalty for vapor products or e-
36 liquid products held, sold, or offered for sale and confiscated by Arkansas
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1 Tobacco Control in the amount of:
2 (A) Twenty-five dollars ($25.00) for each individual vapor
3 product or e-liquid product up to twenty (20) individual vapor products or e-
4 liquid products; and
5 (B) Fifty dollars ($50.00) for each individual vapor
6 product or e-liquid product in excess of twenty (20) individual vapor
7 products or e-liquid products.
8 (2) The penalty under subdivision (c)(1) of this section shall
9 be held to be in the nature of a civil penalty and may be collected by civil
10 or administrative action and may be levied by the Arkansas Tobacco Control
11 Board or any circuit court having jurisdiction in this state.
12 (3) A penalty assessed under this subsection shall be deposited
13 into the Arkansas Tobacco Control Revenue Fund established under � 19-6-831.
14
15 20-65-205. Enforcement.
16 (a)(1)(A) A nonresident manufacturer that is not registered to do
17 business in the state, as a condition precedent to having its name or its
18 vapor products or e-liquid products listed and retained in the directory
19 created under this subchapter, shall appoint and continually engage without
20 interruption a registered agent in this state for service of process on whom
21 all process and any action or proceeding arising out of the enforcement of
22 this section may be served.
23 (B) The manufacturer shall provide to the Director of
24 Arkansas Tobacco Control the name, address, and telephone number of its agent
25 for service of process and shall provide any other information relating to
26 its agent as may be requested by the director.
27 (2)(A) A manufacturer that is located outside of the United
28 States, as an additional condition precedent to having its vapor products or
29 e-liquid products listed or retained in the directory, shall cause each of
30 its importers of any of its vapor products or e-liquid products to be sold in
31 this state to appoint, and continually engage without interruption, an agent
32 in this state in accordance with the provisions of this section.
33 (B) All obligations of a manufacturer imposed by this
34 section with respect to appointment of its agent shall also apply to
35 importers with respect to appointment of their agents; and
36 (3)(A) A manufacturer shall provide written notice to the
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1 director thirty (30) days before the termination of the authority of an agent
2 appointed under subdivisions (a)(1) and (a)(2) of this section.
3 (B) No less than five (5) days before the termination of
4 an existing agent appointment, a manufacturer shall provide to the director
5 the name, address, and telephone number of its newly appointed agent for
6 service of process and shall provide any other information relating to the
7 new appointment as may be requested by the director.
8 (C) In the event an agent terminates an agency
9 appointment, the manufacturer shall notify the director of the termination
10 within five (5) days of the termination and shall include proof to the
11 satisfaction of the director of the appointment of a new agent.
12 (b)(1) Each retailer and wholesaler that sells or distributes vapor
13 products or e-liquid products in this state may be subject to unannounced
14 compliance checks or inspections for purposes of enforcing this subchapter.
15 (2) Unannounced follow-up compliance checks or inspections of
16 all noncompliant retailers and wholesalers may be conducted within ninety
17 (90) days after any violation of this subchapter.
18 (3) The director shall publish the results of all compliance
19 checks or inspections at least annually and shall make the results available
20 to the public on request.
21 (c) The director may promulgate rules necessary to effect the purposes
22 of this subchapter.
23
24 SECTION 6. Arkansas Code � 26-57-203(4), concerning the definition of
25 "child-resistant packaging" within the Arkansas Tobacco Products Tax Act of
26 1977, is repealed to be codified in a location more suitable to the subject
27 matter.
28 (4)(A) "Child-resistant packaging" means packaging that is
29 designed or constructed to be:
30 (i) Significantly difficult for children under five
31 (5) years of age to:
32 (a) Open; or
33 (b) Obtain a toxic or harmful amount of the
34 substance contained therein within a reasonable time; and
35 (ii) Not difficult for an average adult to use
36 properly.
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1 (B) "Child-resistant packaging" does not mean packaging
2 that children cannot open or obtain a toxic or harmful amount within a
3 reasonable time when tested in accordance with the method described in 16
4 C.F.R. � 1700.20, as it existed on January 1, 2015;
5
6 SECTION 7. Arkansas Code 26-57-247(b), effective until the contingency
7 in Acts 2023, No. 629, � 17, is met, concerning seizure, forfeiture, and
8 disposition of tobacco products and other property, is amended to read as
9 follows:
10 (b) The Director of Arkansas Tobacco Control may seize and hold for
11 disposition of the courts or the Arkansas Tobacco Control Board all tobacco
12 products, vapor products, alternative nicotine products, or e-liquid products
13 found in the possession of a person dealing in, or a consumer of, tobacco
14 products, vapor products, alternative nicotine products, or e-liquid products
15 if:
16 (1) Prima facie evidence exists that the full amount of excise
17 tax due on the tobacco products has not been paid to the Secretary of the
18 Department of Finance and Administration;
19 (2) Tobacco products, vapor products, alternative nicotine
20 products, or e-liquid products are in the possession of a wholesaler who does
21 not possess a current Arkansas wholesale permit;
22 (3) A retail establishment does not possess a current Arkansas
23 retail permit; or
24 (4) The tobacco products, vapor products, alternative nicotine
25 products, or e-liquid products have been offered for sale to the public at
26 another location without a current Arkansas retail permit.; or
27 (5) Tobacco products, vapor products, alternative nicotine
28 products, or e-liquid products are possessed, sold, or offered for sale in
29 violation of � 20-65-101 et seq.
30
31 SECTION 8. Arkansas Code 26-57-247(b), effective when the contingency
32 in Acts 2023, No. 629, � 17, is met, concerning seizure, forfeiture, and
33 disposition of tobacco products and other property, is amended to read as
34 follows:
35 (b) The Director of Arkansas Tobacco Control may seize and hold for
36 disposition of the courts or the Arkansas Tobacco Control Board all tobacco
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1 products, vapor products, alternative nicotine products, e-liquid products,
2 or hemp-derived products found in the possession of a person dealing in, or a
3 consumer of, tobacco products, vapor products, alternative nicotine products,
4 e-liquid products, or hemp-derived products if:
5 (1) Prima facie evidence exists that the full amount of excise
6 tax due on the tobacco products has not been paid to the Secretary of the
7 Department of Finance and Administration;
8 (2) Tobacco products, vapor products, alternative nicotine
9 products, or e-liquid products are in the possession of a wholesaler who does
10 not possess a current Arkansas wholesale permit;
11 (3) A retail establishment does not possess a current Arkansas
12 retail permit;
13 (4) The tobacco products, vapor products, alternative nicotine
14 products, or e-liquid products have been offered for sale to the public at
15 another location without a current Arkansas retail permit; or
16 (5) Hemp-derived products are possessed, sold, or offered for
17 sale in violation of � 20-56-401 et seq.; or
18 (6) Tobacco products, vapor products, alternative nicotine
19 products, or e-liquid products are possessed, sold, or offered for sale in
20 violation of � 20-65-101 et seq.
21
22 SECTION 9. Arkansas Code � 26-57-254 is repealed to be codified in a
23 location more suitable to the subject matter.
24 26-57-254. Safety inspections on permitted products -- Restrictions on
25 use of e-liquid products and alternative nicotine products -- Definitions.
26 (a) In order to assure that the citizens of this state receive only
27 tobacco products, vapor products, alternative nicotine products, or e-liquid
28 products that are fresh and not contaminated, and to ensure the safety of
29 Arkansas youth, the Director of Arkansas Tobacco Control is authorized under
30 this subchapter to:
31 (1) Inspect or cause to be inspected any tobacco product, vapor
32 product, alternative nicotine product, or e-liquid container in places of
33 storage or distribution authorized under this subchapter; and
34 (2) Require any tobacco products, vapor products, alternative
35 nicotine products, or e-liquid containers found to be contaminated, damaged,
36 or not fresh be removed from stock and be either returned to the proper
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1 wholesaler or manufacturer for disposal according to law or delivered to the
2 Director of Arkansas Tobacco Control for destruction or disposal.
3 (b)(1) It is a violation for any person to use a tobacco product,
4 vapor product, alternative nicotine product, or e-liquid product in or on the
5 grounds of any school, childcare facility, or healthcare facility.
6 (2) As used in subdivision (b)(1) of this section:
7 (A) "Childcare facility" means the same as provided in �
8 20-78-202(2);
9 (B) "Healthcare facility" means the same as provided in �
10 20-27-1803(6); and
11 (C) "School" means:
12 (i) Any buildings, parking lots, playing fields,
13 playgrounds, school buses, or other school vehicles; or
14 (ii) Any off-campus school-sponsored or school-
15 sanctioned events with respect to any public, charter, or private school
16 where children attend classes in kindergarten programs or grades one through
17 twelve (1-12).
18 (c) On and after July 22, 2015, all alternative nicotine products and
19 e-liquid containers containing nicotine sold at retail in this state shall
20 satisfy the child-resistant packaging effectiveness standards described in �
21 26-57-203 when tested in accordance with the method described by 16 C.F.R. �
22 1700.20, as it existed on January 1, 2015.
23 (d) As used in this section, "e-liquid container" means a bottle or
24 other container of e-liquid that is sold or provided for mixing at retail and
25 is marketed or intended for use in a vapor product, but does not include e-
26 liquid contained in a cartridge that is sold, marketed, or intended for use
27 in a vapor product if the cartridge is prefilled and sealed by the
28 manufacturer and is not intended to be opened by the consumer.
29
30 SECTION 10. Arkansas Code 26-57-255(g)(3)(A)-(C), effective until the
31 contingency in Acts 2023, No. 629, � 17, is met, concerning the creation of
32 the Arkansas Tobacco Control Board, are amended to read as follows:
33 (3)(A) Conduct public hearings when appropriate regarding a
34 permit authorized under this subchapter or in violation of this subchapter,
35 the Unfair Cigarette Sales Act, � 4-75-701 et seq., � 5-27-227, � 20-65-101
36 et seq., or any other federal, state, or local statute, ordinance, rule, or
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1 regulation concerning the sale of tobacco products, vapor products,
2 alternative nicotine products, or e-liquid products to minors or the rules
3 promulgated by Arkansas Tobacco Control.
4 (B) After notice and hearing held in accordance with the
5 Arkansas Administrative Procedure Act, � 25-15-201 et seq., if the board
6 finds a violation of this subchapter, the Unfair Cigarette Sales Act, � 4-75-
7 701 et seq., � 20-65-101 et seq., or the rules promulgated by Arkansas
8 Tobacco Control, the board may suspend or revoke any or all permits issued by
9 the director to any person.
10 (C)(i) The board may levy a civil penalty in an amount not
11 to exceed five thousand dollars ($5,000) for each violation against a person
12 found to be in violation of this subchapter, the Unfair Cigarette Sales Act,
13 � 4-75-701 et seq., � 20-65-101 et seq., or the rules promulgated by Arkansas
14 Tobacco Control.
15 (ii) The board shall levy a civil penalty in
16 accordance with the guidelines set out in � 20-65-204 for a violation of �
17 20-65-204.
18
19 SECTION 11. Arkansas Code 26-57-255(g)(3)(A)-(C), effective when the
20 contingency in Acts 2023, No. 629, � 17, is met, concerning the creation of
21 the Arkansas Tobacco Control Board, are amended to read as follows:
22 (3)(A) Conduct public hearings when appropriate regarding a
23 permit authorized under this subchapter or in violation of this subchapter,
24 the Unfair Cigarette Sales Act, � 4-75-701 et seq., � 5-27-227, � 20-56-401
25 et seq., � 20-65-101 et seq., or any other federal, state, or local statute,
26 ordinance, rule, or regulation concerning the sale of tobacco products, vapor
27 products, alternative nicotine products, e-liquid products, or hemp-derived
28 products to minors or the rules promulgated by Arkansas Tobacco Control.
29 (B) After notice and hearing held in accordance with the
30 Arkansas Administrative Procedure Act, � 25-15-201 et seq., if the board
31 finds a violation of this subchapter, the Unfair Cigarette Sales Act, � 4-75-
32 701 et seq., � 20-56-401 et seq., � 20-65-101 et seq., or the rules
33 promulgated by Arkansas Tobacco Control, the board may suspend or revoke any
34 or all permits issued by the director to any person.
35 (C)(i) The board may levy a civil penalty in an amount not
36 to exceed five thousand dollars ($5,000) for each violation against a person
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1 found to be in violation of this subchapter, the Unfair Cigarette Sales Act,
2 � 4-75-701 et seq., � 20-56-401 et seq., � 20-65-101 et seq., or the rules
3 promulgated by Arkansas Tobacco Control.
4 (ii) The board shall levy a civil penalty in
5 accordance with the guidelines set out in � 20-65-204 for a violation of �
6 20-65-204.
7
8 SECTION 12. Arkansas Code 26-57-256(a), effective until the
9 contingency in Acts 2023, No. 629, � 17, is met, concerning the powers of
10 Arkansas Tobacco Control, is amended to add an additional subdivision to read
11 as follows:
12 (7) Develop and maintain a directory as described under � 20-65-
13 202.
14
15 SECTION 13. Arkansas Code 26-57-256(a), effective when the contingency
16 in Acts 2023, No. 629, � 17, is met, concerning the powers of Arkansas
17 Tobacco Control, is amended to add an additional subdivision to read as
18 follows:
19 (7) Develop and maintain a directory as described under � 20-65-
20 202.
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19 03-17-2025 14:55:13 JMB137Every fact on this page links to its source, starting with the official bill record.