Arkansas 2023 Regular Session

Arkansas House Bill HB1725 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		Stricken language would be deleted from and underlined language would be added to present law.
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3	3
4		-	State of Arkansas ~~As Engrossed: H4/3/23~~ 1
	4	+	State of Arkansas 1
5	5		94th General Assembly A Bill 2
6	6		Regular Session, 2023 HOUSE BILL 1725 3
7	7		4
8	8		By: Representative L. Johnson 5
9	9		By: Senators J. Petty, J. Boyd 6
10	10		7
11	11		For An Act To Be Entitled 8
12	12		AN ACT TO AMEND THE ARKANSAS TOBACCO PRO DUCTS TAX ACT 9
13	13		OF 1977; TO INFORM T HE PUBLIC OF HEALTH RISKS CAUSED 10
14	14		BY VAPOR PRODUCTS, E -LIQUID PRODUCTS, AND ALTERNATIVE 11
15	15		NICOTINE PRODUCTS; T O PREVENT CONTAMINAT ION, 12
16	16		ADULTERATION, OR INC LUSION OF INGREDIENT S OR OTHER 13
17	17		SUBSTANCES IN VAPOR PRODUCTS, E-LIQUID PRODUCTS, OR 14
18	18		ALTERNATIVE NICOTINE PRODUCTS THAT MIGHT CAUSE HARM 15
19	19		TO PUBLIC HEALTH AND SAFETY; TO ENSURE TH E SAFETY OF 16
20	20		ARKANSAS YOUTH; AND FOR OTHER PURPOSES. 17
21	21		18
22	22		19
23	23		Subtitle 20
24	24		TO INFORM THE PUBLIC OF HEALTH RISKS 21
25	25		CAUSED BY VAPOR PRODUCTS, E -LIQUID 22
26	26		PRODUCTS, AND ALTERNATIVE NICOTINE 23
27	27		PRODUCTS; AND TO ENSURE THE SAFETY OF 24
28	28		ARKANSAS YOUTH. 25
29	29		26
30	30		27
31	31		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 28
32	32		29
33	33		SECTION 1. Arkansas Code 19 -6-831(b)(2), concerning the creation of 30
34	34		the Arkansas Tobacco Control Revenue Fund, is amended to read as follows: 31
35	35		(2) The fund also shall consist of any other revenues authorized 32
36	36		by law, including without limitation all certification fees collected by 33
37	37		Arkansas Tobacco Control under § 20 -65-201 et seq. and all civil penalties 34
38	38		collected by Arkansas Tobacco Control under § 20 -65-204(c). 35
39		-	36 ~~As Engrossed: H4/3/23~~ HB1725
	39	+	36 HB1725
40	40
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42	42
43	43
44	44		SECTION 2. Arkansas Code 19 -6-831(c)(1), concerning the creation of 1
45	45		the Arkansas Tobacco Control Revenue Fund, is amended to read as follows: 2
46	46		(c)(1) The fund shall be used for expenses incurred by Arkansas 3
47	47		Tobacco Control in the organization, maintenance, operation, and merchant 4
48	48		education and training with regard to enforcement of § 5 -27-227, § 20-65-201 5
49	49		et seq., the Arkansas Tobacco Products Tax Act of 197 7, § 26-57-201 et seq., 6
50	50		and the Unfair Cigarette Sales Act, § 4 -75-701 et seq. 7
51	51		8
52	52		SECTION 3. Arkansas Code Title 20, is amended to add an additional 9
53	53		chapter to read as follows: 10
54	54		CHAPTER 65 — TOBACCO PRODUCTS, VA POR PRODUCTS, ALTERN ATIVE NICOTINE PRODU CTS, 11
55	55		AND E-LIQUID PRODUCTS 12
56	56		13
57	57		Subchapter 1 — General Provisions 14
58	58		15
59	59		20-65-101. Definitions. 16
60	60		As used in this chapter, unless otherwise specified in this chapter: 17
61	61		(1)(A) “Alternative nicotine product” means a product that 18
62	62		consists of or contains nicotine from any source that can be ingested into 19
63	63		the body by chewing, smoking, absorbing, dissolving, inhaling, snorting, 20
64	64		sniffing, or by any other means. 21
65	65		(B) “Alternative nicotine product” does not include a: 22
66	66		(i) Tobacco product; 23
67	67		(ii) Vapor product; 24
68	68		(iii) Product that is a drug under 21 U.S.C. § 25
69	69		321(g)(1); 26
70	70		(iv) Product that is a device under 21 U.S.C. § 27
71	71		321(h); or 28
72	72		(v) Product that constitutes a combination drug, 29
73	73		device, or biological product as described in 21 U.S.C. § 353(g); 30
74	74		(2) “Annual” or “annually” means the fiscal year from July 1 31
75	75		through the next June 30; 32
76	76		(3) “Brand family” means all styles of vapor products, 33
77	77		alternative nicotine products, and e -liquid products sold under the same 34
78	78		trademark and differentiated from another style by means of additional 35
79		-	modifiers or descriptors, and includes any brand name alone or in conjunction 36 ~~As Engrossed: H4/3/23~~ HB1725
	79	+	modifiers or descriptors, and includes any brand name alone or in conjunction 36 HB1725
80	80
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82	82
83	83
84	84		with any other word, trademark, logo, symbol, motto, selling message, 1
85	85		recognizable pattern of colors, or any other indicia of product 2
86	86		identification identica l or similar to or identifiable with a previously 3
87	87		known brand of vapor products, alternative nicotine product, or e -liquid 4
88	88		products; 5
89	89		(4) “Childcare facility” means the same as provided in § 20 -78-6
90	90		202(2); 7
91	91		(5)(A) “Child-resistant packaging” means packa ging that is 8
92	92		designed or constructed to be: 9
93	93		(i) Significantly difficult for a child under five 10
94	94		(5) years of age to: 11
95	95		(a) Open; or 12
96	96		(b) Obtain a toxic or harmful amount of the 13
97	97		substance contained in the packaging within a reasonable time; and 14
98	98		(ii) Not difficult for an average adult to use 15
99	99		properly. 16
100	100		(B) “Child-resistant packaging” does not mean packaging 17
101	101		that children cannot open or obtain a toxic or harmful amount within a 18
102	102		reasonable time when tested in accordance with the method desc ribed in 16 19
103	103		C.F.R. § 1700.20, as it existed on January 1, 2015; 20
104	104		(6) “Consumer” means a member of the public at large; 21
105	105		(7)(A) “E-liquid container” means a bottle or other container of 22
106	106		e-liquid that is sold or provided for mixing at retail and is marke ted or 23
107	107		intended for use in a vapor product. 24
108	108		(B) "E-liquid container" does not include e -liquid 25
109	109		contained in a cartridge that is sold, marketed, or intended for use in a 26
110	110		vapor product if the cartridge is prefilled and sealed by the manufacturer 27
111	111		and is not intended to be opened by the consumer; 28
112	112		(8) “E-liquid” and “e-liquid product” means a liquid product, 29
113	113		which may or may not contain nicotine, that is inhaled when using a vapor 30
114	114		product, and that may or may not include without limitation propylene glycol, 31
115	115		vegetable glycerin, nicotine from any source, and flavorings; 32
116	116		(9) “Healthcare facility” means the same as in § 20 -27-1803(6); 33
117	117		(10)(A) “Manufacturer” means a person that manufactures, 34
118	118		fabricates, assembles, or processes a tobacco product or ma nufactures or 35
119		-	fabricates a vapor product, alternative nicotine product, or e -liquid 36 ~~As Engrossed: H4/3/23~~ HB1725
	119	+	fabricates a vapor product, alternative nicotine product, or e -liquid 36 HB1725
120	120
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123	123
124	124		product, including without limitation federally licensed importers and 1
125	125		federally licensed distributors that deal in tobacco products, vapor 2
126	126		products, alternative nicotine p roducts, or e-liquid products. 3
127	127		(B) “Manufacturer” includes a sales entity affiliate of 4
128	128		the manufacturer or any other entity representing the manufacturer with 5
129	129		regard to the sale of tobacco products, vapor products, alternative nicotine 6
130	130		products, or e-liquid products produced by the manufacturer to wholesalers or 7
131	131		permitted retailers. 8
132	132		(C) “Manufacturer” specifically includes a person that 9
133	133		mixes, compounds, repackages, or resizes e -liquid products or vapor products; 10
134	134		(11) “School” means: 11
135	135		(A) Any buildings, parking lots, playing fields, 12
136	136		playgrounds, school buses, or other school vehicles; or 13
137	137		(B) Any off-campus school-sponsored or school-sanctioned 14
138	138		events with respect to any public, open -enrollment public charter school, or 15
139	139		private school where children attend classes in kindergarten through grade 16
140	140		twelve (K-12); 17
141	141		(12) “Tobacco products” means all products containing tobacco 18
142	142		for consumption, including without limitation cigarettes, cigars, little 19
143	143		cigars, cigarillos, chewing tobacco, smokeless to bacco, snuff, smoking 20
144	144		tobacco, including pipe tobacco, and smoking tobacco substitutes; and 21
145	145		(13) “Vapor product” means an electronic oral device of any size 22
146	146		or shape that contains a vapor of nicotine, e -liquid, or any other substance 23
147	147		that when used or inhaled simulates smoking, regardless of whether a visible 24
148	148		vapor is produced, including without limitation a device that: 25
149	149		(A) Is composed of a heating element, battery, electronic 26
150	150		circuit, chemical process, mechanical device, or a combination of heating 27
151	151		element, battery, electronic circuit, chemical process, or mechanical device; 28
152	152		(B) Works in combination with a cartridge, other 29
153	153		container, or liquid delivery device containing nicotine, e -liquid, or any 30
154	154		other substance and manufactured for use with vap or products; 31
155	155		(C) Is manufactured, distributed, marketed, or sold as any 32
156	156		type or derivation of a vapor product, e -cigarette, e-cigar, e-pipe, or any 33
157	157		other product name or descriptor; and 34
158	158		(D) Does not include a product regulated as a drug or 35
159		-	device by the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., 36 ~~As Engrossed: H4/3/23~~ HB1725
	159	+	device by the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., 36 HB1725
160	160
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163	163
164	164		as it existed on January 1, 2015. 1
165	165		2
166	166		20-65-102. Safety inspections — Child-resistant packaging. 3
167	167		(a) In order to ensure that the citizens of this state receive only 4
168	168		tobacco products, vap or products, alternative nicotine products, or e -liquid 5
169	169		products that are fresh, uncontaminated, unadulterated, and otherwise free of 6
170	170		substances that might cause harm to public health and safety and to ensure 7
171	171		the safety of Arkansas youth, the Director of A rkansas Tobacco Control may: 8
172	172		(1) Inspect or cause to be inspected any tobacco product, vapor 9
173	173		product, alternative nicotine product, or e -liquid container in places of 10
174	174		storage or distribution authorized under state law; 11
175	175		(2) In addition to any authorization or remedy under law, 12
176	176		require any tobacco products, vapor products, alternative nicotine products, 13
177	177		or e-liquid containers found to be contaminated, adulterated, damaged, or not 14
178	178		fresh be removed from stock and be either returned to the proper w holesaler 15
179	179		or manufacturer for disposal according to law or delivered to the director 16
180	180		for destruction or disposal; 17
181	181		(3) Prescribe any form, application, certificate, or other 18
182	182		documentation or record to be used in the administration and enforcement of 19
183	183		this chapter; and 20
184	184		(4) Promulgate rules necessary to implement and effectuate the 21
185	185		purposes of this chapter. 22
186	186		(b) All alternative nicotine products and e -liquid containers sold at 23
187	187		retail in this state shall satisfy the child -resistant packaging 24
188	188		effectiveness standards described in § 20 -65-101 and the requirements of the 25
189	189		Federal Nicotine Poisoning Prevention Act, Public Law No. 114 -116 (2016), 15 26
190	190		U.S.C. § 1472a. 27
191	191		28
192	192		20-65-103. Prohibition on use in certain settings. 29
193	193		It is a violation of this chapter for any pe rson to use a tobacco 30
194	194		product, vapor product, alternative nicotine product, or e -liquid product in 31
195	195		or on the grounds of any school, childcare facility, or healthcare facility. 32
196	196		33
197	197		20-65-104. Advertising prohibitions for vapor product, alternative 34
198	198		nicotine product, e-liquid product, or e -liquid containers. 35
199		-	A person shall not advertise, market, or offer for sale in this state 36 ~~As Engrossed: H4/3/23~~ HB1725
	199	+	A person shall not advertise, market, or offer for sale in this state 36 HB1725
200	200
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202	202
203	203
204	204		any tobacco products, vapor products, alternative nicotine products, e -liquid 1
205	205		products, or e-liquid containers by using, in the labelin g or design of the 2
206	206		product, its packaging, or in its advertising or marketing materials, trade 3
207	207		dress, trademarks, branding, or other related imagery that: 4
208	208		(1) Imitates or replicates those of food brands or other related 5
209	209		products that are commonly market ed to children or minors, including, but not 6
210	210		limited to, breakfast cereal, cookies, juice drinks, soft drinks, frozen 7
211	211		drinks, ice creams, sorbets, sherbets, and frozen pops; 8
212	212		(2) Depicts or signifies characters or symbols that are known to 9
213	213		a reasonable person to appeal primarily to or are commonly associated with 10
214	214		children or minors, including, but not limited to, superheroes, cartoons or 11
215	215		cartoon characters, including anime characters, comic book characters, video 12
216	216		game characters, television show character s, movie characters, mythical 13
217	217		creatures, unicorns, or that otherwise incorporates related imagery or 14
218	218		scenery; or 15
219	219		(3) Uses the terms “candy”, “candies”, “cake”,” “cakes”, “pies”, 16
220	220		or “cupcakes” or any variant of these terms when that variant term is used in 17
221	221		a manner to market to children or minors or known to a reasonable person to 18
222	222		appeal primarily to children or minors, or any other term referencing a type 19
223	223		or brand of candy, cakes, pastries, or pies, including types or brands of 20
224	224		candy, cakes, pastries, or pies that do not include the words “candy”, 21
225	225		“candies”, “cake”, “cakes”, “pies”, or “cupcakes” in their names, labels, or 22
226	226		slogans. 23
227	227		24
228	228		20-65-105. Contaminated or adulterated tobacco products, vapor 25
229	229		products, alternative nicotine products, or e -liquid products. 26
230	230		(a) It is a violation of this chapter for any person to offer for sale 27
231	231		in this state or offer for sale or sell to persons located in this state any 28
232	232		contaminated or adulterated tobacco products, vapor product, alternative 29
233	233		nicotine product, or e -liquid product. 30
234	234		(b) A tobacco product, vapor product, alternative nicotine product, or 31
235	235		e-liquid product in this state is contaminated or adulterated if the product: 32
236	236		(1) Consists in whole or in part of any filthy, putrid, or 33
237	237		decomposed substance; 34
238	238		(2) Contains any added poisonous or deleterious substance that 35
239		-	may render the product injurious to public health; or 36 ~~As Engrossed: H4/3/23~~ HB1725
	239	+	may render the product injurious to public health; or 36 HB1725
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243	243
244	244		(3) Does not have an approved certification as required § 20 -65-1
245	245		202. 2
246	246		3
247	247		Subchapter 2 — Manufacturer Directory for Vapor Products, Alternative 4
248	248		Nicotine Products, or E-liquid Products 5
249	249		6
250	250		20-65-201. Definitions. 7
251	251		As used in this subchapter: 8
252	252		(1) “Alternative nicotine product” has the same meaning as in § 9
253	253		20-65-101(1); 10
254	254		(2) “E-liquid” and “e-liquid product” means a liquid product 11
255	255		containing nicotine from any source that is inhaled when using a vapor 12
256	256		product, and that may or may not include without limitation propylene glycol, 13
257	257		vegetable glycerin, and flavorings; and 14
258	258		(3) “Vapor product” means an electronic oral device of any size 15
259	259		or shape that contains a vapor of nicotine or e -liquid that when used or 16
260	260		inhaled simulates smoking, regardless of whether a visible vapor is produced, 17
261	261		including without limitation a device that: 18
262	262		(A) Is composed of a heating element, battery, electronic 19
263	263		circuit, chemical process, mechanical device, or a combination of heating 20
264	264		element, battery, electronic circuit, chemical process, or mechanical device; 21
265	265		(B) Works in combination with a cartridge, other 22
266	266		container, or liquid delivery device containing nicotine from an y source or 23
267	267		e-liquid and manufactured for use with vapor products; 24
268	268		(C) Is manufactured, distributed, marketed, or sold as any 25
269	269		type or derivation of a vapor product, e -cigarette containing nicotine from 26
270	270		any source, e-cigar containing nicotine from any s ource, e-pipe containing 27
271	271		nicotine from any source, or any other vapor product name or descriptor; and 28
272	272		(D) Does not include a product regulated as a drug or 29
273	273		device by the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., 30
274	274		as it existed on January 1, 2015. 31
275	275		32
276	276		20-65-202. Establishment. 33
277	277		(a) The Director of Arkansas Tobacco Control shall develop and 34
278	278		maintain a directory listing all manufacturers that have provided 35
279		-	certifications that comply with this subchapter and each vapor product, 36 ~~As Engrossed: H4/3/23~~ HB1725
	279	+	certifications that comply with this subchapter and each vapor product, 36 HB1725
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283	283
284	284		alternative nicotine product, and e -liquid product that is listed in those 1
285	285		certifications. 2
286	286		(b) The director shall: 3
287	287		(1) Make the directory available for public inspection on 4
288	288		Arkansas Tobacco Control's website by July 1, 2024; and 5
289	289		(2) Update the directory a s necessary in order to correct 6
290	290		mistakes and to add or remove manufacturers or a vapor product, alternative 7
291	291		nicotine product, or e -liquid product consistent with the requirements of 8
292	292		this section on a monthly basis. 9
293	293		(c) A person or entity is deemed to hav e received notice that a vapor 10
294	294		product, alternative nicotine product, or e -liquid product of a manufacturer 11
295	295		is not included in the directory maintained by Arkansas Tobacco Control under 12
296	296		this section at the time Arkansas Tobacco Control’s website fails to l ist any 13
297	297		vapor product, alternative nicotine product, or e -liquid product in the 14
298	298		directory or at the time the director removes the vapor product, alternative 15
299	299		nicotine product, or e -liquid product from the directory. 16
300	300		(d)(1)(A) The director may not remove t he manufacturer or its vapor 17
301	301		product, alternative nicotine product, or e -liquid product from the directory 18
302	302		until at least fifteen (15) days after the manufacturer has been given notice 19
303	303		of an intended action. 20
304	304		(B) Notice shall be sufficient and be deemed immediately 21
305	305		received by a manufacturer if the notice is sent either electronically or by 22
306	306		facsimile to an email address or facsimile number, as the case may be, 23
307	307		provided by the manufacturer in the manufacturer’s most recent certification 24
308	308		filed under this subchapter. 25
309	309		(2) The vapor product, alternative nicotine product, or e -liquid 26
310	310		product manufacturer shall have fifteen (15) days from the date of service of 27
311	311		the notice of the director’s intended action to establish that the vapor 28
312	312		product, alternative nicot ine product, or e-liquid product manufacturer or 29
313	313		its vapor product, alternative nicotine product, or e -liquid product should 30
314	314		be included in the directory. 31
315	315		(3) If after fifteen (15) days from the date of service of the 32
316	316		notice of the director’s intended a ction the manufacturer of vapor product, 33
317	317		alternative nicotine product, or e -liquid product remains in noncompliance, 34
318	318		and the manufacturer has not requested a hearing before the Arkansas Tobacco 35
319		-	Control Board within fifteen (15) days of notice of the ~~director~~ ’s intended 36 ~~As Engrossed: H4/3/23~~ HB1725
	319	+	Control Board within fifteen (15) days of notice of the direct or’s intended 36 HB1725
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323	323
324	324		action, the manufacturer and its vapor product, alternative nicotine product, 1
325	325		or e-liquid product shall be removed from the directory. 2
326	326		(4) Every manufacturer shall provide and update as necessary an 3
327	327		email address to the Director of Arkansa s Tobacco Control for the purpose of 4
328	328		receiving any notifications as may be required by this subchapter. 5
329	329		(e)(1) Beginning June 1, 2024, a vapor product, alternative nicotine 6
330	330		product, or e-liquid product shall not be offered for sale in this state or 7
331	331		sold to a person located in this state unless the manufacturer certifies 8
332	332		before that date on a form prescribed by the director, under penalty of 9
333	333		perjury, either: 10
334	334		(A) The vapor product, alternative nicotine product, or e -11
335	335		liquid product was on the market in t he United States as of August 8, 2016, 12
336	336		and the manufacturer has applied for a marketing order under 21 U.S.C. § 387j 13
337	337		for the vapor product, alternative nicotine product, or e -liquid product, 14
338	338		whichever is applicable, by submitting a premarket tobacco produc t 15
339	339		application on or before September 9, 2020, if the product contains tobacco -16
340	340		derived nicotine, or May 14, 2022, if the product contains nontobacco -derived 17
341	341		nicotine, to the United States Food and Drug Administration, and either: 18
342	342		(i) The premarket toba cco application for the vapor 19
343	343		product, alternative nicotine product, or e -liquid product remains under 20
344		-	review by the United States Food and Drug Administration; 21
	344	+	review by the United States Food and Drug Administration; or 21
345	345		(ii) The United States Food and Drug Administration 22
346	346		has issued a no marketing order for the vapor product, alternative nicotine 23
347	347		product, or e-liquid product, whichever is applicable, but the United States 24
348	348		Food and Drug Administration or a federal court has issued a stay order or 25
349	349		injunction during the pendency of the manufacturer's appeal of the no 26
350	350		marketing order; or 27
351		-	(~~iii~~) The ~~United States Food and Drug Administration~~ 28
352		-	~~has not issued a marketing order or denial order~~ for the vapor product, 29
353		-	~~alternative~~ nicotine product, or e -liquid product~~, but~~ the ~~manufacturer has~~ 30
354		-	~~amended, supplemented, or r efiled the premarket tobacco application for the~~ 31
355		-	~~vapor product,~~ ~~alternative nicotine product, or e -liquid product~~ to ~~address~~ 32
356		-	~~written recommended corrections from the United States Food and Drug~~ 33
357		-	~~Administration within six (6) months from~~ the ~~date~~ the ~~manufac turer received~~ 34
358		-	~~the written recommended corrections from the United States Food and Drug~~ 35
359		-	Administration; or 36 ~~As Engrossed: H4/3/23~~ HB1725
	351	+	(B) The manufacturer has received a marketing order or 28
	352	+	other authorization under 21 U.S.C. § 387j for the vapor product, alternative 29
	353	+	nicotine product, or e -liquid product from the United States Food and Drug 30
	354	+	Administration. 31
	355	+	(2) In addition to the requirements in subsection (e) of this 32
	356	+	section, each manufacturer shall provide to Arkansas Tobacco Control a copy 33
	357	+	of the cover page of the: 34
	358	+	(A) Premarket tobacco application with evidence of receipt 35
	359	+	of the application by the U nited States Food and Drug Administration; or 36 HB1725
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363	363
364		-	(B) ~~The manufacturer has received a~~ marketing order or 1
365		-	~~other authorization under 21~~ U.S.C. § 387j ~~for the vapor product, alternative~~ 2
366		-	~~nicotine product, or e-liquid product from the United States Food and Drug~~ 3
367		-	~~Administration~~. 4
368		-	~~(2) In addition to~~ the ~~requirements in subsection (e)~~ of ~~this~~ 5
369		-	~~section, each manufacturer shall provide~~ to ~~Arkansas Tobacco Control a copy~~ 6
370		-	of the ~~cover page of the:~~ 7
371		-	~~(A) Premarket tobacco application with evidence~~ of ~~receipt~~ 8
372		-	~~of the application by the United States Food and Drug Administration;~~ 9
373		-	~~(B) Marketing order or other authorization issued under 21~~ 10
374		-	~~U.S.C. § 387j;~~ ~~and~~ 11
375		-	~~(C) If applicable under subdivision (e)(1)(A)( iii)~~ ~~of this~~ 12
376		-	~~section, the written recommended corrections from the United States Food and~~ 13
377		-	~~Drug Administration with dates~~ of ~~receipt.~~ 14
378		-	15
379		-	~~20-65-203. Material change~~ to ~~certification.~~ 16
380		-	~~A manufacturer shall notify the Director of Arkansas Tobacco Control~~ 17
381		-	~~within thirty~~ (30) ~~days of~~ any ~~material~~ change ~~to the information provided~~ in 18
382		-	~~§ 20-65-202~~, ~~including issuance by the United States Food and Drug~~ 19
383		-	~~Administration~~ of: 20
384		-	~~(1) A market order or other authorization issued under~~ 21 ~~U.S.C. 21~~
385		-	~~§ 387j;~~ 22
386		-	(2) ~~An order requiring a~~ manufacturer ~~to remove a vapor product,~~ 23
387		-	~~alternative nicotine product~~, ~~or e -liquid~~ ~~product from the market either~~ 24
388		-	~~temporarily~~ or ~~permanently;~~ 25
389		-	~~(3) Any notice of action taken~~ by the ~~United States Food~~ and 26
390		-	~~Drug Administration affecting~~ the ~~abili ty of the new vapor product,~~ 27
391		-	~~alternative nicotine product,~~ ~~or e -liquid~~ ~~product to be introduced or~~ 28
392		-	~~delivered into interstate commerce~~ for ~~commercial distribution;~~ 29
393		-	~~(4) Any change in policy that results in a vapor product,~~ 30
394		-	~~alternative nicotine product,~~ ~~o r e-liquid~~ ~~product no longer being exempt from~~ 31
395		-	~~oversight~~ of ~~the United States Food and Drug Administration; or~~ 32
396		-	(5) ~~Evidence that the United States Food and Drug Administration~~ 33
397		-	~~has provided~~ the ~~manufacturer with written recommended corrections or~~ 34
398		-	~~requests for amendments, supplemental documentation, or refiling of the~~ 35
399		-	~~premarket tobacco application for~~ the ~~vapor prod uct, alternative nicotine~~ 36 ~~As Engrossed: H4/3/23~~ HB1725
	364	+	(B) Marketing order or other authorization issued under 21 1
	365	+	U.S.C. § 387j. 2
	366	+	3
	367	+	20-65-203. Material change to certification. 4
	368	+	A manufacturer shall notify the Director of Arkansas Tobacco Control 5
	369	+	within thirty (30) days of any material change to the information provided in 6
	370	+	§ 20-65-202, including issuance by the United States Food and Drug 7
	371	+	Administration of: 8
	372	+	(1) A market order or other authorization issued under 21 U.S.C. 9
	373	+	§ 387j; 10
	374	+	(2) An order requiring a manufacturer to remove a vapor product, 11
	375	+	alternative nicotine product, or e -liquid product from the market either 12
	376	+	temporarily or permanently; 13
	377	+	(3) Any notice of action taken by the United States Food and 14
	378	+	Drug Administration affecting the ability of the ne w vapor product, 15
	379	+	alternative nicotine product, or e -liquid product to be introduced or 16
	380	+	delivered into interstate commerce for commercial distribution; or 17
	381	+	(4) Any change in policy that results in a vapor product, 18
	382	+	alternative nicotine product, or e -liquid product no longer being exempt from 19
	383	+	oversight of the United States Food and Drug Administration. 20
	384	+	21
	385	+	20-65-204. Fees — Violations. 22
	386	+	(a)(1) Each certifying manufacturer shall pay an initial fee of one 23
	387	+	thousand dollars ($1,000) for each brand family of vapo r products, 24
	388	+	alternative nicotine products, or e -liquid products to offset the costs 25
	389	+	incurred by Arkansas Tobacco Control for processing the certifications and 26
	390	+	operating the directory under § 20 -65-202. 27
	391	+	(2) The Director of Arkansas Tobacco Control shall collect an 28
	392	+	annual fee of five hundred dollars ($500) for each brand family of vapor 29
	393	+	products, alternative nicotine products, or e -liquid products to offset the 30
	394	+	costs associated with maintaining the directory and satisfying the 31
	395	+	requirements of this subchapt er. 32
	396	+	(3) Any certification fees collected under this section shall be 33
	397	+	deposited into the Arkansas Tobacco Control Revenue Fund established under § 34
	398	+	19-6-831. 35
	399	+	(b)(1) If a manufacturer can demonstrate to the director that the 36 HB1725
400	400
401		-	11 ~~04-03-~~2023 12:57:41 JMB372
	401	+	11 3/14/2023 4:47:54 PM JMB372
402	402
403	403
404		-	~~product~~, or ~~e-liquid product.~~ 1
405		-	2
406		-	~~20-65-204. Fees — Violations.~~ 3
407		-	~~(a)(1) Each certifying manufacturer shall pay an initial fee of one~~ 4
408		-	~~thousand dollars ($1,000) for each brand family of vapor products,~~ 5
409		-	~~alternative nicotine products, or e-liquid products to offset~~ the ~~costs~~ 6
410		-	~~incurred by Arkansas Tobacco Control for processing the certifications and~~ 7
411		-	~~operating~~ the ~~directory under § 20 -65-202~~. 8
412		-	(2) The ~~Director of Arkansas Tobacco Control shall collect an~~ 9
413		-	~~annual fee of five hundred doll ars ($500)~~ for ~~each brand family of vapor~~ 10
414		-	~~products~~, ~~alternative nicotine products~~, ~~or e -liquid products to offset the~~ 11
415		-	~~costs associated with maintaining the directory and satisfying the~~ 12
416		-	~~requirements of this subchapter.~~ 13
417		-	(3) ~~Any certification fees collecte d under this section shall be~~ 14
418		-	~~deposited into the Arkansas Tobacco Control Revenue Fund established under §~~ 15
419		-	~~19-6-831.~~ 16
420		-	~~(b)(1) If a manufacturer can demonstrate to~~ the ~~director that the~~ 17
421		-	~~United States Food and Drug Administration has issued a rule, guidance, or~~ 18
422		-	any ~~other formal statement that temporarily exempts~~ a ~~vapor product~~, 19
423		-	~~alternative nicotine product~~, or ~~e -liquid~~ ~~product from the federal premarket~~ 20
424		-	~~tobacco application requirements, the~~ vapor ~~product~~, alternative nicotine 21
425		-	~~product, or e-liquid~~ ~~product may be added to the directory upon request by~~ 22
426		-	~~the manufacturer if the manufacturer provides sufficient evidence that the~~ 23
427		-	~~vapor product~~, ~~alternative nicotine product, or e -liquid product is compliant~~ 24
428		-	~~with the federal rule, guidance, or other formal statement, as applicable~~. 25
429		-	(2) Beginning on ~~and after~~ July 1, 2024, or on the date that 26
430		-	~~Arkansas~~ Tobacco Control first makes the directory available for public 27
431		-	~~inspection on~~ its website as provided in ~~§ 20 -65-202~~, whichever is later, a 28
432		-	~~manufacturer who offers~~ for ~~s ale a vapor product~~, ~~alternative nicotine~~ 29
433		-	~~product~~, ~~or e-liquid~~ ~~product that is not listed on the directory is subject~~ 30
434		-	~~to a civil penalty of one thousand dollars ($1,000) daily for each vapor~~ 31
435		-	~~product, alternative nicotine product,~~ ~~or e -liquid~~ ~~product offere d for sale~~ 32
436		-	~~in violation of § 20 -65-202 until the vapor product, alternative nicotine~~ 33
437		-	~~product,~~ or ~~e-liquid product~~ is ~~removed from the market or properly listed on~~ 34
438		-	the directory. 35
439		-	~~(3) In addition to any penalty prescribed by law, a corporation,~~ 36 ~~As Engrossed: H4/3/23~~ HB1725
	404	+	United States Food and Drug A dministration has issued a rule, guidance, or 1
	405	+	any other formal statement that temporarily exempts a vapor product, 2
	406	+	alternative nicotine product, or e -liquid product from the federal premarket 3
	407	+	tobacco application requirements, the vapor product, alternative nicotine 4
	408	+	product, or e-liquid product may be added to the directory upon request by 5
	409	+	the manufacturer if the manufacturer provides sufficient evidence that the 6
	410	+	vapor product, alternative nicotine product, or e -liquid product is compliant 7
	411	+	with the federal rule, guidance, or other formal statement, as applicable. 8
	412	+	(2) Beginning on and after July 1, 2024, or on the date that 9
	413	+	Arkansas Tobacco Control first makes the directory available for public 10
	414	+	inspection on its website as provided in § 20 -65-202, whichever is later, a 11
	415	+	manufacturer who offers for sale a vapor product, alternative nicotine 12
	416	+	product, or e-liquid product that is not listed on the directory is subject 13
	417	+	to a civil penalty of one thousand dollars ($1,000) daily for each vapor 14
	418	+	product, alternative ni cotine product, or e -liquid product offered for sale 15
	419	+	in violation of § 20 -65-202 until the vapor product, alternative nicotine 16
	420	+	product, or e-liquid product is removed from the market or properly listed on 17
	421	+	the directory. 18
	422	+	(3) In addition to any penalty pr escribed by law, a corporation, 19
	423	+	partnership, sole proprietor, limited partnership, or association engaged in 20
	424	+	the manufacture of vapor products, alternative nicotine products, or e -liquid 21
	425	+	products that knowingly makes a false certification under this subcha pter is 22
	426	+	subject to a civil penalty of not less than seventy -five thousand dollars 23
	427	+	($75,000) but not more than two hundred fifty thousand dollars ($250,000) for 24
	428	+	each false certification. 25
	429	+	(4) Beginning on July 1, 2024, or on the date that the Arkansas 26
	430	+	Tobacco Control first makes the directory available for public inspection on 27
	431	+	its website as provided in this subchapter, whichever is later, it is 28
	432	+	unlawful for any person or entity to sell, offer, or possess in this state, 29
	433	+	or import for personal consumption i n this state, vapor products, alternative 30
	434	+	nicotine products, or e -liquid products that the person or entity knows is 31
	435	+	not included in the directory maintained by the director under this 32
	436	+	subchapter. 33
	437	+	(5) A person or entity is deemed to have received notice that a 34
	438	+	manufacturer is not included in the directory maintained by Arkansas Tobacco 35
	439	+	Control under this subsection at the time Arkansas Tobacco Control’s website 36 HB1725
440	440
441		-	12 ~~04-03-~~2023 12:57:41 JMB372
	441	+	12 3/14/2023 4:47:54 PM JMB372
442	442
443	443
444		-	~~partnership, sole proprietor,~~ ~~limited partnership,~~ or ~~association engaged in~~ 1
445		-	the ~~manufacture of vapor products, alternative nicotine products, or e -liquid~~ 2
446		-	~~products that knowingly makes~~ a ~~false certification under this subchapter is~~ 3
447		-	~~subject to~~ a ~~civil penalty~~ of ~~not less than seventy-five~~ ~~thousand dollars~~ 4
448		-	~~($75~~,~~000) but not more than two hundred fifty thousand dollars ($250,000) for~~ 5
449		-	each ~~false certification.~~ 6
450		-	(4) ~~Beginning on July 1, 2024, or on~~ the date ~~that the Arkansas~~ 7
451		-	~~Tobacco Control first makes~~ the directory ~~ava ilable for public inspection on~~ 8
452		-	~~its website as provided in this subchapter~~, ~~whichever is later~~, ~~it is~~ 9
453		-	~~unlawful for any person or entity to sell,~~ ~~offer, or possess in this state,~~ 10
454		-	or ~~import for personal consumption in this state,~~ vapor ~~products~~, alternative 11
455		-	nicotine ~~products~~, or e -liquid ~~products that the person or entity knows is~~ 12
456		-	~~not included in the directory maintained by the director under this~~ 13
457		-	~~subchapter.~~ 14
458		-	~~(5) A person~~ or ~~entity~~ is ~~deemed to have received notice that a~~ 15
459		-	~~manufacturer is not included in th e directory~~ maintained by ~~Arkansas Tobacco~~ 16
460		-	~~Control under this subsection at~~ the ~~time Arkansas Tobacco Control’s website~~ 17
461		-	~~fails to list any manufacturer in~~ the directory ~~or at the time the director~~ 18
462		-	~~removes the manufacturer~~ from the ~~directory.~~ 19
463		-	~~(6) If a vapor product, alternative nicotine product, or e -~~20
464		-	~~liquid product or~~ a ~~manufacturer of a vapor product, alternative nicotine~~ 21
465		-	~~product~~, ~~or e-liquid product is removed from the directory established and~~ 22
466		-	~~maintained by the director under § 20 -65-202~~, ~~each wholesaler shall have~~ 23
467		-	~~sixty (60) days from~~ the ~~date any vapor product, alternative nicotine~~ 24
468		-	~~product, or e-liquid product is removed from the directory to remove any~~ 25
469		-	vapor ~~product, alternative nicotine product, or e -liquid product from the~~ 26
470		-	~~wholesaler’s inventory an d physical location where the wholesaler takes~~ 27
471		-	~~orders for~~, ~~receives orders for~~, or ~~sells the vapor product, alternative~~ 28
472		-	~~nicotine product, or e -liquid product.~~ 29
473		-	(7) ~~If a~~ vapor ~~product, alternative nicotine product, or e -~~30
474		-	~~liquid product or a manufacturer of a vapor~~ product, alternative nicotine 31
475		-	~~product~~, or e~~-liquid product is removed from the directory established and~~ 32
476		-	~~maintained by the director under § 20 -65-201, each retailer shall have one~~ 33
477		-	~~hundred twenty~~ (~~120~~) ~~days from~~ the ~~date any vapor product,~~ ~~alternat ive~~ 34
478		-	~~nicotine product,~~ ~~or e -liquid product is removed from~~ the ~~directory to remove~~ 35
479		-	~~any vapor product, alternative nicotine product,~~ or ~~e -liquid~~ ~~product from~~ the 36 ~~As Engrossed: H4/3/23~~ HB1725
	444	+	fails to list any manufacturer in the directory or at the time the director 1
	445	+	removes the manufacturer from the directory. 2
	446	+	(6) If a vapor product, alternative nicotine product, or e -3
	447	+	liquid product or a manufacturer of a vapor product, alternative nicotine 4
	448	+	product, or e-liquid product is removed from the directory established and 5
	449	+	maintained by the director under § 20-65-202, each wholesaler shall have 6
	450	+	sixty (60) days from the date any vapor product, alternative nicotine 7
	451	+	product, or e-liquid product is removed from the directory to remove any 8
	452	+	vapor product, alternative nicotine product, or e -liquid product from the 9
	453	+	wholesaler’s inventory and physical location where the wholesaler takes 10
	454	+	orders for, receives orders for, or sells the vapor product, alternative 11
	455	+	nicotine product, or e -liquid product. 12
	456	+	(7) If a vapor product, alternative nicotine product , or e-13
	457	+	liquid product or a manufacturer of a vapor product, alternative nicotine 14
	458	+	product, or e-liquid product is removed from the directory established and 15
	459	+	maintained by the director under § 20 -65-201, each retailer shall have one 16
	460	+	hundred twenty (120) days from the date any vapor product, alternative 17
	461	+	nicotine product, or e -liquid product is removed from the directory to remove 18
	462	+	any vapor product, alternative nicotine product, or e -liquid product from the 19
	463	+	retailer’s inventory and permitted location. 20
	464	+	(c)(1) In addition to the other fines and forfeitures, a person who 21
	465	+	violates § 20-65-202 may be subject to a penalty for vapor products, 22
	466	+	alternative nicotine products, or e -liquid products held, sold, or offered 23
	467	+	for sale and confiscated by Arkansas Tobacco Contro l under state law in the 24
	468	+	amount of: 25
	469	+	(A) Twenty-five dollars ($25.00) for each individual vapor 26
	470	+	product, alternative nicotine product, or e -liquid product up to twenty (20) 27
	471	+	individual vapor products, alternative nicotine products, or e -liquid 28
	472	+	products; and 29
	473	+	(B) Fifty dollars ($50.00) for each individual vapor 30
	474	+	product, alternative nicotine product, or e -liquid product in excess of 31
	475	+	twenty (20) individual vapor products, alternative nicotine products, or e -32
	476	+	liquid products. 33
	477	+	(2) The penalty under subdiv ision (c)(1) of this section shall 34
	478	+	be held to be in the nature of a civil penalty and may be collected by civil 35
	479	+	or administrative action and may be levied by the Arkansas Tobacco Control 36 HB1725
480	480
481		-	13 ~~04-03-~~2023 12:57:41 JMB372
	481	+	13 3/14/2023 4:47:54 PM JMB372
482	482
483	483
484		-	~~retailer’s inventory and permitted location~~. 1
485		-	(c)~~(1) In addition to the other fines and forfeit ures, a person who~~ 2
486		-	~~violates § 20-65-202 may~~ be ~~subject to a penalty for vapor products,~~ 3
487		-	~~alternative nicotine products, or e -liquid products held, sold, or offered~~ 4
488		-	~~for sale and confiscated by Arkansas Tobacco Control under state law in the~~ 5
489		-	~~amount~~ of: 6
490		-	~~(A) Twenty-five~~ ~~dollars ($25.00) for each individual vapor~~ 7
491		-	~~product~~, ~~alternative nicotine product, or e -liquid product up~~ to ~~twenty (20)~~ 8
492		-	~~individual vapor products,~~ ~~alternative nicotine products,~~ ~~or e -liquid~~ 9
493		-	~~products; and~~ 10
494		-	(B) ~~Fifty dollars ($50.00)~~ for ~~eac h individual vapor~~ 11
495		-	~~product, alternative nicotine product, or e -liquid product in excess~~ of 12
496		-	~~twenty~~ (20) ~~individual vapor products, alternative nicotine products,~~ or ~~e -~~13
497		-	~~liquid products.~~ 14
498		-	~~(2) The penalty under subdivision (c)(1) of this section shall~~ 15
499		-	~~be held~~ to ~~be in the nature of a civil penalty and may be collected by civil~~ 16
500		-	~~or administrative action and may be levied by the Arkansas Tobacco Control~~ 17
501		-	~~Board or any circuit court of this state.~~ 18
502		-	~~(3)~~ A ~~penalty assessed under subsection (c) of this section~~ 19
503		-	~~shall be deposited into~~ the ~~Arkansas Tobacco Control Revenue Fund established~~ 20
504		-	~~under~~ § ~~19-6-831~~. 21
	484	+	Board or any circuit court of this state. 1
	485	+	(3) A penalty assessed u nder subsection (c) of this section 2
	486	+	shall be deposited into the Arkansas Tobacco Control Revenue Fund established 3
	487	+	under § 19-6-831. 4
	488	+	5
	489	+	SECTION 4. Arkansas Code § 26 -57-203(4), concerning the definition of 6
	490	+	"child-resistant packaging" within the Arkansas Tob acco Products Tax Act of 7
	491	+	1977, is repealed to be codified in a more appropriate section. 8
	492	+	(4)(A) “Child-resistant packaging” means packaging that is 9
	493	+	designed or constructed to be: 10
	494	+	(i) Significantly difficult for children under five 11
	495	+	(5) years of age to: 12
	496	+	(a) Open; or 13
	497	+	(b) Obtain a toxic or harmful amount of the 14
	498	+	substance contained therein within a reasonable time; and 15
	499	+	(ii) Not difficult for an average adult to use 16
	500	+	properly. 17
	501	+	(B) “Child-resistant packaging” does not mean packaging 18
	502	+	that children cannot open or obtain a toxic or harmful amount within a 19
	503	+	reasonable time when tested in accordance with the method described in 16 20
	504	+	C.F.R. § 1700.20, as it existed on January 1, 2015; 21
505	505		22
506		-	SECTION 4. Arkansas Code § 26 -57-~~203~~(4), concerning ~~the definition of~~ 23
507		-	~~"child-resistant packaging"~~ ~~within the Arkansas~~ Tobacco Products ~~Tax Act of~~ 24
508		-	~~1977, is repealed to be codified in a more appropriate section.~~ 25
509		-	(~~4)(A~~) ~~“Child-resistant packaging”~~ ~~means packaging that is~~ 26
510		-	~~designed~~ or ~~constructed to be:~~ 27
511		-	~~(i) Significantly difficult for children under five~~ 28
512		-	~~(5) years~~ of ~~age to:~~ 29
513		-	~~(a) Open;~~ or 30
514		-	(b) ~~Obtain a toxic or harmful~~ amount of ~~the~~ 31
515		-	~~substance contained therein within a reasonable time;~~ ~~and~~ 32
516		-	~~(ii) Not difficult for an average adult to use~~ 33
517		-	~~properly.~~ 34
518		-	~~(B) “Child-resistant packaging”~~ does ~~not mean packaging~~ 35
519		-	~~that children cannot open or obtain~~ a ~~toxic or harmful amount within a~~ 36 ~~As Engrossed: H4/3/23~~ HB1725
	506	+	SECTION 5. Arkansas Code 26 -57-247(b), concerning seizure, forfeiture, 23
	507	+	and disposition of tobacco products and other property, is amended to read as 24
	508	+	follows: 25
	509	+	(b) The Director of Arkansas Tobacco Control may seize and hold for 26
	510	+	disposition of the courts or the Arkansas Tobacco Control Board all tobacco 27
	511	+	products, alternative nicotine products, or e -liquid products found in the 28
	512	+	possession of a person dealing in, or a consumer of, tobacco products, vapor 29
	513	+	products, alternative nicotine products, or e -liquid products if: 30
	514	+	(1) Prima facie evidence exists that the full amount of excise 31
	515	+	tax due on the tobacco products has not been paid to the Secretary of the 32
	516	+	Department of Finance and Administration; 33
	517	+	(2) Tobacco products, vapor products, alternative nicotine 34
	518	+	products, or e-liquid products are in the possession of a who lesaler who does 35
	519	+	not possess a current Arkansas wholesale permit; 36 HB1725
520	520
521		-	14 ~~04-03-~~2023 12:57:41 JMB372
	521	+	14 3/14/2023 4:47:54 PM JMB372
522	522
523	523
524		-	~~reasonable time when tested in accordance with the method described in 16~~ 1
525		-	~~C.F.R. § 1700.20, as it existed on January 1, 2015;~~ 2
526		-	3
527		-	~~SECTION 5. Arkansas Code 26 -57-247(b)~~, ~~concerning seizure,~~ ~~forfeiture,~~ 4
528		-	~~and disposition of tobacco products and other property,~~ ~~is amended to read as~~ 5
529		-	~~follows:~~ 6
530		-	~~(b) The Director of Arkansas Tobacco Control may seize and hold~~ for 7
531		-	~~disposition~~ of ~~the courts o r the Arkansas Tobacco Control Board all tobacco~~ 8
532		-	~~products, alternative nicotine products, or e -liquid products found in the~~ 9
533		-	~~possession of~~ a ~~person dealing in, or a consumer of, tobacco products, vapor~~ 10
534		-	~~products, alternative nicotine products, or e -liquid products if:~~ 11
535		-	~~(1) Prima facie evidence exists that the full amount of excise~~ 12
536		-	~~tax due on the tobacco~~ products ~~has not been paid to the Secretary of the~~ 13
537		-	~~Department~~ of ~~Finance and Administration;~~ 14
538		-	~~(2)~~ Tobacco products, vapor products, alternative nicotine 15
539		-	products~~, or e-liquid products~~ are in the ~~possession~~ of ~~a wholesaler who does~~ 16
540		-	~~not possess~~ a ~~current Arkansas wholesale permit;~~ 17
541		-	~~(3) A retail establishment does not possess a current Arkansas~~ 18
542		-	~~retail permit;~~ or 19
543		-	~~(4) The tobacco products, vapor products~~, alternative nicotine 20
544		-	~~products,~~ or ~~e-liquid products have been offered for sale to the public at~~ 21
545		-	~~another location without a current Arkansas retail permit .;~~ or 22
546		-	~~(5) Tobacco~~ products, ~~vapor products~~, ~~alternative nicotine~~ 23
547		-	~~products,~~ or ~~e-liquid products are possessed,~~ ~~sold, or offered for sale in~~ 24
548		-	~~violation of Title 20,~~ ~~Chapter 65.~~ 25
549		-	26
550		-	~~SECTION 6. Arkansas Code § 26 -57-254~~ is ~~repealed~~ to ~~be codified in~~ a 27
551		-	~~more appropriate section.~~ 28
552		-	~~26-57-254~~. ~~Safety inspections on permitted products — Restrictions on~~ 29
553		-	~~use~~ of ~~e-liquid products and alternative nicotine products — Definitions.~~ 30
554		-	(a) ~~In order to assure that~~ the ~~citizens of this state receive only~~ 31
555		-	~~tobacco products, vapor products, alternative nicotine products, or e -liquid~~ 32
556		-	~~products that are fresh and not contaminated, and to ensure~~ the ~~safety of~~ 33
557		-	~~Arkansas youth, the Director of Arkansas Tobacco Control is authorized under~~ 34
558		-	~~this subchapter to~~: 35
559		-	(1) ~~Inspect or cause to be inspected~~ any ~~tobacco product~~, ~~vapor~~ 36 ~~As Engrossed: H4/3/23~~ HB1725
	524	+	(3) A retail establishment does not possess a current Arkansas 1
	525	+	retail permit; or 2
	526	+	(4) The tobacco products, vapor products, alternative nicotine 3
	527	+	products, or e-liquid products have been offered for sale to the public at 4
	528	+	another location without a current Arkansas retail permit .; or 5
	529	+	(5) Tobacco products, vapor products, alternative nicotine 6
	530	+	products, or e-liquid products are possessed, sold, or offered for sale in 7
	531	+	violation of Title 20 , Chapter 65. 8
	532	+	9
	533	+	SECTION 6. Arkansas Code § 26 -57-254 is repealed to be codified in a 10
	534	+	more appropriate section. 11
	535	+	26-57-254. Safety inspections on permitted products — Restrictions on 12
	536	+	use of e-liquid products and alternative nicotine products — Definitions. 13
	537	+	(a) In order to assure that the citizens of this state receive only 14
	538	+	tobacco products, vapor products, alternative nicotine products, or e -liquid 15
	539	+	products that are fresh and not contaminated, and to ensure the safety of 16
	540	+	Arkansas youth, the Director of A rkansas Tobacco Control is authorized under 17
	541	+	this subchapter to: 18
	542	+	(1) Inspect or cause to be inspected any tobacco product, vapor 19
	543	+	product, alternative nicotine product, or e -liquid container in places of 20
	544	+	storage or distribution authorized under this subch apter; and 21
	545	+	(2) Require any tobacco products, vapor products, alternative 22
	546	+	nicotine products, or e -liquid containers found to be contaminated, damaged, 23
	547	+	or not fresh be removed from stock and be either returned to the proper 24
	548	+	wholesaler or manufacturer for disposal according to law or delivered to the 25
	549	+	Director of Arkansas Tobacco Control for destruction or disposal. 26
	550	+	(b)(1) It is a violation for any person to use a tobacco product, 27
	551	+	vapor product, alternative nicotine product, or e -liquid product in or on th e 28
	552	+	grounds of any school, childcare facility, or healthcare facility. 29
	553	+	(2) As used in subdivision (b)(1) of this section: 30
	554	+	(A) “Childcare facility” means the same as provided in § 31
	555	+	20-78-202(2); 32
	556	+	(B) “Healthcare facility” means the same as provided in § 33
	557	+	20-27-1803(6); and 34
	558	+	(C) “School” means: 35
	559	+	(i) Any buildings, parking lots, playing fields, 36 HB1725
560	560
561		-	15 ~~04-03-~~2023 12:57:41 JMB372
	561	+	15 3/14/2023 4:47:54 PM JMB372
562	562
563	563
564		-	~~product~~, ~~alternative nicotine product~~, or ~~e -liquid~~ ~~container in places of~~ 1
565		-	~~storage~~ or ~~distribution authorized under this subchapter; and~~ 2
566		-	~~(2) Require~~ any ~~tobacco products~~, ~~vapor products~~, ~~alternative~~ 3
567		-	~~nicotine products,~~ or ~~e -liquid~~ ~~containers found to be contaminated, damaged,~~ 4
568		-	~~or not fresh be removed from stock and be either returned to the proper~~ 5
569		-	~~wholesaler or manufacturer for disposal according to law or delivered to the~~ 6
570		-	~~Director of Arkansas Tobacco Control for destruction or disposal.~~ 7
571		-	~~(b)(1) It is a violation for any person to use a tobacco product,~~ 8
572		-	~~vapor product,~~ ~~alternative nicotine product, or e -liquid product~~ in ~~or on~~ the 9
573		-	~~grounds of any school~~, ~~childcare facility~~, ~~or healthcare facility~~. 10
574		-	(2) As used in ~~subdivision (b)(1) of~~ this section: 11
575		-	~~(A) “Childcare~~ ~~facility” means the same as~~ provided ~~in §~~ 12
576		-	~~20-78-202(2);~~ 13
577		-	~~(B) “Healthcare facility” means the same as provided~~ in § 14
578		-	~~20-27-1803(6);~~ and 15
579		-	~~(C) “School” means:~~ 16
580		-	~~(i) Any buildings, parking lots, playing fields,~~ 17
581		-	~~playgrounds~~, ~~school buses,~~ ~~or other school vehicles; or~~ 18
582		-	~~(ii) Any off-campus~~ ~~school-sponsored or school-~~19
583		-	~~sanctioned events with respect to any~~ public~~, charter,~~ ~~or private school~~ 20
584		-	~~where children attend classes~~ in ~~kindergarten programs or grades one through~~ 21
585		-	~~twelve (1~~-~~12)~~. 22
586		-	~~(c) On and after July 22~~, ~~2015~~, ~~all alternative nicotine products and~~ 23
587		-	~~e-liquid containers containing nicotine sold at retail in this state shall~~ 24
588		-	~~satisfy~~ the ~~child-resistant packaging effectiveness standards described in §~~ 25
589		-	~~26-57-203 when tested in accordance with the method described~~ by ~~16 C~~.~~F.R. §~~ 26
590		-	~~1700.20, as it existed on January 1, 2015.~~ 27
591		-	~~(d) As used in this section~~, ~~“e -liquid~~ ~~container” means a bottle or~~ 28
592		-	~~other container~~ of ~~e -liquid~~ ~~that~~ is ~~sold or provided for mixing at retail and~~ 29
593		-	~~is marketed or intended for use~~ in ~~a vapor product,~~ ~~but does not include e -~~30
594		-	~~liquid contained in a c artridge that is sold~~, ~~marketed~~, ~~or intended for use~~ 31
595		-	in a ~~vapor product if~~ the ~~cartridge is prefilled and sealed by the~~ 32
596		-	~~manufacturer and is not intended to be opened~~ by ~~the consumer.~~ 33
597		-	34
598		-	~~SECTION 7. Arkansas Code 26 -57-255(g)(3)(A), concerning~~ the ~~creation~~ 35
599		-	~~of the Arkansas Tobacco Control Board, is amended to read as follows:~~ 36 ~~As Engrossed: H4/3/23~~ HB1725
	564	+	playgrounds, school buses, or other school vehicles; or 1
	565	+	(ii) Any off-campus school-sponsored or school-2
	566	+	sanctioned events with respect to any public, charter, or private school 3
	567	+	where children attend classes in kindergarten programs or grades one through 4
	568	+	twelve (1-12). 5
	569	+	(c) On and after July 22, 2015, all alternative nicotine products and 6
	570	+	e-liquid containers containing nicotine sold at retail in this st ate shall 7
	571	+	satisfy the child-resistant packaging effectiveness standards described in § 8
	572	+	26-57-203 when tested in accordance with the method described by 16 C.F.R. § 9
	573	+	1700.20, as it existed on January 1, 2015. 10
	574	+	(d) As used in this section, “e -liquid container” means a bottle or 11
	575	+	other container of e -liquid that is sold or provided for mixing at retail and 12
	576	+	is marketed or intended for use in a vapor product, but does not include e -13
	577	+	liquid contained in a cartridge that is sold, marketed, or intended for use 14
	578	+	in a vapor product if the cartridge is prefilled and sealed by the 15
	579	+	manufacturer and is not intended to be opened by the consumer. 16
	580	+	17
	581	+	SECTION 7. Arkansas Code 26 -57-255(g)(3)(A), concerning the creation 18
	582	+	of the Arkansas Tobacco Control Board, is amended to read as follows: 19
	583	+	(A) Conduct public hearings when appropriate regarding a 20
	584	+	permit authorized under this subchapter or in violation of this subchapter, 21
	585	+	the Unfair Cigarette Sales Act, § 4 -75-701 et seq., § 5-27-227, Title 20, 22
	586	+	Chapter 65, or any other federal, s tate, or local statute, ordinance, rule, 23
	587	+	or regulation concerning the sale of tobacco products, vapor products, 24
	588	+	alternative nicotine products, or e -liquid products to minors or the rules 25
	589	+	promulgated by Arkansas Tobacco Control. 26
	590	+	27
	591	+	SECTION 8. Arkansas Code 26-57-255(g)(3)(B), concerning the creation 28
	592	+	of the Arkansas Tobacco Control Board, is amended to read as follows: 29
	593	+	(B) After notice and hearing held in accordance with the 30
	594	+	Arkansas Administrative Procedure Act, § 25 -15-201 et seq., if the board 31
	595	+	finds a violation of this subchapter, the Unfair Cigarette Sales Act, § 4 -75-32
	596	+	701 et seq., Title 20, Chapter 65, or the rules promulgated by Arkansas 33
	597	+	Tobacco Control, the board may suspend or revoke any or all permits issued by 34
	598	+	the director to any person. 35
	599	+	36 HB1725
600	600
601		-	16 ~~04-03-~~2023 12:57:41 JMB372
	601	+	16 3/14/2023 4:47:54 PM JMB372
602	602
603	603
604		-	~~(A) Conduct public hearings when appropriate regarding a~~ 1
605		-	~~permit authorized under this subchapter or in violation~~ of ~~this subchapter~~, 2
606		-	the ~~Unfair Cigarette Sales Act,~~ ~~§ 4 -75-701 et seq., § 5-27-227, Title 20,~~ 3
607		-	~~Chapter 65~~, ~~or any other federal,~~ ~~state, or local statute, ordinance, rule,~~ 4
608		-	~~or regulation concerning~~ the ~~sale of tobacco products, vapor products~~, 5
609		-	~~alternative nicotine products~~, ~~or e -liquid~~ ~~products to minors~~ or the rules 6
610		-	~~promulgated by Arkansas~~ Tobacco Control. 7
	604	+	SECTION 9. Arkansas Code 26 -57-255(g)(3)(C), concerning the creation 1
	605	+	of the Arkansas Tobacco Control Board, is amended to read as follows: 2
	606	+	(C) The board may levy a civil penalty in an amount not to 3
	607	+	exceed five thousand dollars ($5,000) for each violation aga inst a person 4
	608	+	found to be in violation of this subchapter, the Unfair Cigarette Sales Act, 5
	609	+	4-75-701 et seq., Title 20, Chapter 65, or the rules promulgated by Arkansas 6
	610	+	Tobacco Control. 7
611	611		8
612		-	SECTION 8. Arkansas Code 26 -57-~~255~~(~~g)(3)(B~~), concerning the ~~creation~~ 9
613		-	~~of the~~ Arkansas Tobacco Control ~~Board~~, is amended to read ~~as follows:~~ 10
614		-	~~(B) After notice and hearing held in accordance with the~~ 11
615		-	~~Arkansas Administrative Procedure Act,~~ § ~~25 -15-201 et seq., if the board~~ 12
616		-	~~finds a violation of this subchapter, the Unfair Cigarette Sales Act, § 4 -75-~~13
617		-	~~701 et seq., Title 20, Chapter 65, or the rules promulgated by~~ Arkansas 14
618		-	~~Tobacco Control,~~ ~~the board may suspend or revoke any or all permits issued by~~ 15
619		-	~~the director to any person.~~ 16
	612	+	SECTION 10. Arkansas Code 26 -57-256(a), concerning the powers of 9
	613	+	Arkansas Tobacco Control, is amended to add an additional subdivision to read 10
	614	+	as follows: 11
	615	+	(7)(A) Develop and maintain a directory as described under § 20 -12
	616	+	65-202. 13
	617	+	(B) Arkansas Tobacco Control shall impose a civil penalty 14
	618	+	set under § 20-65-204 for a violation of § 20-65-201 et seq. 15
	619	+	16
620	620		17
621		-	~~SECTION 9. Arkansas Code 26 -57-255(g)(3)(C), concerning the creation~~ 18
622		-	~~of the Arkansas Tobacco Control Board, is amended to r ead as follows:~~ 19
623		-	~~(C) The board may levy a civil penalty in an amount not to~~ 20
624		-	~~exceed five thousand dollars ($5,000) for each violation against a person~~ 21
625		-	~~found to be in violation of this subchapter, the Unfair Cigarette Sales Act,~~ 22
626		-	~~4-75-701 et seq., Title 20, Chapter 65, or the rules promulgated by Arkansas~~ 23
627		-	~~Tobacco Control.~~ 24
	621	+	18
	622	+	19
	623	+	20
	624	+	21
	625	+	22
	626	+	23
	627	+	24
628	628		25
629		-	~~SECTION 10. Arkansas Code~~ 26 ~~-57-256(a), concerning the powers of 26~~
630		-	~~Arkansas Tobacco Control, is amended to add an additional subdivision to read~~ 27
631		-	~~as follows:~~ 28
632		-	~~(7)(A) Develop and maintain a directory as described under § 20 -~~29
633		-	~~65-202.~~ 30
634		-	~~(B) Arkansas Tobacco Control shall impose a civil penalty~~ 31
635		-	~~set under § 20-65-204 for a violation of § 20 -65-201 et seq.~~ 32
	629	+	26
	630	+	27
	631	+	28
	632	+	29
	633	+	30
	634	+	31
	635	+	32
636	636		33
637		-	~~/s/L. Johnson~~ 34
	637	+	34
638	638		35
639	639		36