Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 SENATE BILL 252 3
4
By: Senator J. Dismang 5
By: Representatives Wardlaw, K. Brown 6
7
For An Act To Be Entitled 8
AN ACT TO AMEND THE ARKANSAS TOBACCO PRODUCTS TAX ACT 9
OF 1977; TO INFORM THE PUBLIC OF HEALTH RISKS CAUSED 10
BY VAPOR PRODUCTS AND E -LIQUID PRODUCTS; TO PREVENT 11
CONTAMINATION, ADULTERATION, OR INCLUSION OF 12
INGREDIENTS OR OTHER SUBSTANCES IN VAPOR PRODUCTS OR 13
E-LIQUID PRODUCTS THAT MIGHT CAUSE HARM TO PUBLIC 14
HEALTH AND SAFETY; TO ENSURE THE SAFETY OF ARKANSAS 15
YOUTH; TO DECLARE AN EMERGENCY; AND FOR OTHER 16
PURPOSES. 17
18
19
Subtitle 20
TO INFORM THE PUBLIC OF HEALTH RISKS 21
CAUSED BY VAPOR PRODUCTS AND E -LIQUID 22
PRODUCTS; TO ENSURE THE SAFETY OF 23
ARKANSAS YOUTH; AND TO DECLARE AN 24
EMERGENCY. 25
26
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 27
28
SECTION 1. Arkansas Code 19 -6-831(b)(2), effective until the 29
contingency in Acts 2023, No. 629, § 17, is met, concerning the creation of 30
the Arkansas Tobacco Control Revenue Fund, is amended to read as follows: 31
(2) The fund also shall consist of any other revenues authorized 32
by law, including without limitation all certification fees collected by 33
Arkansas Tobacco Control under § 20 -65-201 et seq. and all civil penalties 34
collected by Arkansas Tobacco Control under § 20 -65-204(c). 35
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SECTION 2. Arkansas Code 19 -6-831(b)(2), effective when the 1
contingency in Acts 2023, No. 629, § 17, is met, concerning the creation of 2
the Arkansas Tobacco Control Revenue Fund, is amended to read as follows: 3
(2) The fund also shall consist of any other revenues authorized 4
by law, including without limitation all certification fees collected by 5
Arkansas Tobacco Control under § 20 -65-201 et seq. and all civil penalties 6
collected by Arkansas Tobacco Control under § 20 -65-204(c). 7
8
SECTION 3. Arkansas Code 19 -6-831(c)(1), effective until the 9
contingency in Acts 2023, No. 629, § 17, is met, concerning the creation of 10
the Arkansas Tobacco Control Revenue Fund, is amended to read as follows: 11
(c)(1) The fund shall be used for expenses incurred by Arkansas 12
Tobacco Control in the organization, maintenance, operation, and merchant 13
education and training with regard to enforcement of § 5 -27-227, § 20-65-101 14
et seq., the Arkansas Tobacco Products Tax Act of 1977, § 26 -57-201 et seq., 15
and the Unfair Cigarette Sales Act, § 4 -75-701 et seq. 16
17
SECTION 4. Arkansas Code 19 -6-831(c)(1), effective when the 18
contingency in Acts 2023, No. 629, § 17, is met, concerning the creation of 19
the Arkansas Tobacco Control Revenue Fund, is amended to read as follows: 20
(c)(1) The fund shall be used for expenses incurred by Arkansas 21
Tobacco Control in the organization, maintenance, operation, and merchant 22
education and training with regard to enforcement of § 5 -27-227, § 20-65-101 23
et seq., the Arkansas Tobacco Products Tax Act of 1977, § 26 -57-201 et seq., 24
§ 20-56-401 et seq., and the Unfair Cigarette Sales Act, § 4 -75-701 et seq. 25
26
SECTION 5. Arkansas Code Title 20 is amended to add an additional 27
chapter to read as follows: 28
CHAPTER 65 — TOBACCO PRODUCTS, VAPOR PRODUCTS, ALTERNATIVE NICOTINE PRODUCTS, 29
AND E-LIQUID PRODUCTS 30
31
Subchapter 1 — General Provisions 32
33
20-65-101. Definitions. 34
As used in this chapter, unless otherwise specified: 35
(1)(A) “Alternative nicotine product” means a product that 36 SB252
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consists of or contains nicotine from any source that can be ingested into 1
the body by chewing, smoking, absorbing, dissolving, inhaling, snorting, 2
sniffing, or by any other means. 3
(B) “Alternative nicotine product” does not include a: 4
(i) Tobacco product; 5
(ii) Vapor product; 6
(iii) Product that is a drug under 21 U.S.C. § 7
321(g)(1); 8
(iv) Product that is a device under 21 U.S.C. § 9
321(h); or 10
(v) Product that constitutes a combination drug, 11
device, or biological product as described in 21 U.S.C. § 353(g); 12
(2) “Annual” or “annually” means the fiscal year from July 1 13
through the following June 30; 14
(3) “Brand family” means all styles of vapor products, 15
alternative nicotine products, and e -liquid products sold under the same 16
trademark and differentiated from another style by means of additional 17
modifiers or descriptors, and includes any brand name alone or in conjunction 18
with any other word, trademark, logo, symbol, motto, selling message, 19
recognizable pattern of colors, or any other indicia of product 20
identification identical to, similar to, or identifiable with a previously 21
known brand of vapor products, alternative nicotine product, or e -liquid 22
products; 23
(4) “Childcare facility” means the same as provided in § 20 -78-24
202; 25
(5) “Child-resistant packaging” means packaging that is designed 26
or constructed to be compliant with the Federal Child Nicotine Poisoning 27
Prevention Act, Pub. L. No. 114 -116, 15 U.S.C. § 1472a; 28
(6) “Consumer” means a member of the public at large; 29
(7) “E-liquid” and “e-liquid product” means a liquid product, 30
which may or may not contain nicotine, that is inhaled when using a vapor 31
product and that may or may not include without limitation propylene glycol, 32
vegetable glycerin, nicotine from any source, and flavorings; 33
(8)(A) “E-liquid container” means a bottle or other container of 34
e-liquid that is sold or provided for mixing at retail and is marketed or 35
intended for use in a vapor product. 36 SB252
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(B) "E-liquid container" does not include e -liquid 1
contained in a cartridge that is sold, marketed, or intended for use in a 2
vapor product if the cartridge is prefilled and sealed by the manufacturer 3
and is not intended to be opened by the consumer; 4
(9) “Healthcare facility” means the same as in § 20 -27-1803; 5
(10)(A) “Manufacturer” means a person that manufactures, 6
fabricates, assembles, or processes a tobacco product or manufactures or 7
fabricates a vapor product, alternative nicotine product, or e -liquid 8
product, including without limitation a federally licensed importer and a 9
federally licensed distributor that deals in tobacco products, vapor 10
products, alternative nicotine products, or e -liquid products. 11
(B) “Manufacturer” includes a sales entity affiliate of 12
the manufacturer or any other entity representing the manufacturer with 13
regard to the sale of tobacco products, vapor products, alternative nicotine 14
products, or e-liquid products produced by the manufacturer to wholesalers or 15
permitted retailers. 16
(C) “Manufacturer” specifically includes a person that 17
mixes, compounds, repackages, or resizes e -liquid products or vapor products; 18
(11) “School” means: 19
(A) Any buildings, parking lots, playing fields, 20
playgrounds, school buses, or other school vehicles; or 21
(B) Any off-campus school-sponsored or school-sanctioned 22
events with respect to any public school, open -enrollment public charter 23
school, or private school where children attend classes in kindergarten 24
through grade twelve (K -12); 25
(12) “Tobacco products” means all products containing tobacco 26
for consumption, including without limitation cigarettes, cigars, little 27
cigars, cigarillos, chewing tobacco, smokeless tobacco, snuff, smoking 28
tobacco, including pipe tobacco, and smoking tobacco substitutes; and 29
(13) “Vapor product” means an electronic oral device of any size 30
or shape that contains a vapor of nicotine, e -liquid, or any other substance 31
that when used or inhaled simulates smoking, regardless of whether a visible 32
vapor is produced, including without limitation a device that: 33
(A) Is composed of a heating element, battery, electronic 34
circuit, chemical process, mechanical device, or a combination of heating 35
element, battery, electronic circuit, chemical process, or mechanical device; 36 SB252
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(B) Works in combination with a cartridge, other 1
container, or liquid delivery device containing nicotine, e -liquid, or any 2
other substance and manufactured for use with vapor products; 3
(C) Is manufactured, distributed, marketed, or sold as any 4
type or derivation of a vapor product, e -cigarette, e-cigar, e-pipe, or any 5
other product name or descriptor; and 6
(D) Does not include a product regulated as a drug or 7
device by the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., 8
as it existed on January 1, 2015. 9
10
20-65-102. Safety inspections — Child-resistant packaging. 11
(a) To ensure that the citizens of this state receive only tobacco 12
products, vapor products, alternative nicotine products, or e -liquid products 13
that are fresh, uncontaminated, unadulterated, and otherwise free of 14
substances that might cause harm to public health and safety, and to ensure 15
the safety of Arkansas youth, the Director of Arkansas Tobacco Control may: 16
(1) Inspect or cause to be inspected any tobacco products, vapor 17
product, alternative nicotine product, or e -liquid container in places of 18
storage or distribution authorized under state law; 19
(2) In addition to any authorization or remedy under law, 20
require any tobacco products, vapor products, alternative nicotine products, 21
or e-liquid containers found to be contaminated, adulterated, damaged, or not 22
fresh be removed from stock and be either returned to the proper wholesaler 23
or manufacturer for disposal according to law or delivered to the director 24
for destruction or disposal; 25
(3) Prescribe any form, application, certificate, or other 26
documentation or record to be used in the administration and enforcement of 27
this chapter; and 28
(4) Promulgate rules necessary to implement and effectuate the 29
purposes of this chapter. 30
(b) All alternative nicotine products and e -liquids sold at retail in 31
this state shall be sold in child -resistant packaging. 32
33
20-65-103. Prohibition on use in certain settings. 34
It is a violation of this chapter for any person to use a tobacco 35
product, vapor product, alternative nicotine product, or e -liquid product in 36 SB252
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or on the grounds of any school, childcare facility, or healthcare facility. 1
2
20-65-104. Advertising prohibitions for vapor product, alternative 3
nicotine product, e-liquid product, or e -liquid container. 4
A person may not advertise, market, or offer for sale in this state any 5
tobacco products, vapor products, alternative nicotine products, e -liquid 6
products, or e-liquid containers by using, in the labeling or design of the 7
product, its packaging, or its advertising or marketing materials, trade 8
dress, trademarks, branding, or other related imagery that: 9
(1) Imitates or replicates those of food brands or other related 10
products that are commonly marketed to children or minors, including without 11
limitation breakfast cereals, cookies, juice drinks, soft drinks, frozen 12
drinks, ice creams, sorbets, sherbets, and frozen pops; 13
(2) Depicts or signifies characters or symbols that are known to 14
a reasonable person to appeal primarily to or are commonly associated with 15
children or minors, including without limitation superheroes, cartoons or 16
cartoon characters, anime characters, comic book characters, video game 17
characters, television show characters, movie characters, mythical creatures, 18
or unicorns, or that otherwise incorporates related imagery or scenery; or 19
(3) Uses the terms “candy”, “candies”, “cake”,” “cakes”, “pies”, 20
or “cupcakes” or any variant of these terms when that variant term is used in 21
a manner to market to children or minors or known to a reasonable person to 22
appeal primarily to children or minors, or any other term referencing a type 23
or brand of candy, cakes, pastries, or pies, including types or brands of 24
candies, cakes, pastries, or pies that do not include the words “candy”, 25
“candies”, “cake”, “cakes”, “pies”, or “cupcakes” in their names, labels, or 26
slogans. 27
28
20-65-105. Contaminated or adulterated tobacco products, vapor 29
products, alternative nicotine products, or e -liquid products. 30
(a) It is a violation of this chapter for any person to offer for sale 31
in this state or sell to persons located in this state any contaminated or 32
adulterated tobacco products, vapor product, alternative nicotine product, or 33
e-liquid product. 34
(b) A tobacco product, vapor product, alternative nicotine product, or 35
e-liquid product in this state is contaminated or adulterated if the product: 36 SB252
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(1) Consists in whole or in part of any filthy, putrid, or 1
decomposed substance; 2
(2) Contains any added poisonous or deleterious substance that 3
may render the product injurious to public health; or 4
(3) Does not have an approved certification as required in § 20 -5
65-202. 6
7
Subchapter 2 — Manufacturer Directory for Vapor Products and E-liquid 8
Products 9
10
20-65-201. Definitions. 11
As used in this subchapter: 12
(1) “E-liquid” and “e-liquid product” means a liquid product 13
containing nicotine from any source that is inhaled when using a vapor 14
product, and that may or may not include without limitation propylene glycol, 15
vegetable glycerin, and flavorings; and 16
(2) “Vapor product” means an electronic oral device of any size 17
or shape that contains a vapor of nicotine or e -liquid that when used or 18
inhaled simulates smoking, regardless of whether a visible vapor is produced, 19
including without limitation a device that: 20
(A) Is composed of a heating element, battery, electronic 21
circuit, chemical process, mechanical device, or a combination of heating 22
element, battery, electronic circuit, chemical process, or mechanical device; 23
(B) Works in combination with a cartridge, other 24
container, or liquid delivery device containing nicotine from any source or 25
e-liquid and manufactured for use with vapor products; 26
(C) Is manufactured, distributed, marketed, or sold as any 27
type or derivation of a vapor product, e -cigarette containing nicotine from 28
any source, e-cigar containing nicotine from any source, e -pipe containing 29
nicotine from any source, or any other vapor product name or descriptor; and 30
(D) Does not include a product regulated as a drug or 31
device by the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., 32
as it existed on January 1, 2015. 33
34
20-65-202. Establishment. 35
(a) The Director of Arkansas Tobacco Control shall develop and 36 SB252
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maintain a directory listing all manufacturers that have provided 1
certifications that comply with this subchapter and each vapor product and e -2
liquid product that is listed in those certifications. 3
(b) The director shall: 4
(1) Make the directory available for public inspection on 5
Arkansas Tobacco Control's website by July 1, 2025; and 6
(2) Update the directory to correct mistakes and add or remove 7
manufacturers or a vapor product or e -liquid product consistent with the 8
requirements of this section on a monthly basis. 9
(c) A person or entity is deemed to have received notice as required 10
under subsection (d) of this section that a vapor product or e -liquid product 11
of a manufacturer is not included in the directory maintained by Arkansas 12
Tobacco Control under this section at the time Arkansas Tobacco Control’s 13
website fails to list any vapor product or e -liquid product in the directory 14
or at the time the director removes the vapor product or e -liquid product 15
from the directory. 16
(d)(1)(A) The director may not remove the manufacturer or its vapor 17
product or e-liquid product from the directory until at least fifteen (15) 18
days after the manufacturer has been given notice of an intended action. 19
(B) Notice shall be sufficient and be deemed immediately 20
received by a manufacturer if the notice is sent either electronically or by 21
facsimile to an email address or facsimile number, as the case may be, 22
provided by the manufacturer in the manufacturer’s most recent certification 23
filed under this subchapter. 24
(2) The vapor product or e -liquid product manufacturer shall 25
have fifteen (15) days from the date of service of the notice of the 26
director’s intended action to establish that the vapor product or e -liquid 27
product manufacturer or its vapor product or e -liquid product should be 28
included in the directory. 29
(3) If after fifteen (15) days from the date of service of the 30
notice of the director’s intended action the manufacturer of the vapor 31
product or e-liquid products remains in noncompliance, and the manufacturer 32
has not requested a hearing before the Arkansas Tobacco Control Board within 33
fifteen (15) days of notice of the director’s intended action, the 34
manufacturer and its vapor product or e -liquid product shall be removed from 35
the directory. 36 SB252
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(4) Every manufacturer shall provide and update as necessary an 1
email address to the director for the purpose of receiving any notifications 2
required by this subchapter. 3
(e)(1) Beginning May 1, 2025, a vapor product or e -liquid product 4
shall not be offered for sale in this state or sold to a person located in 5
this state unless the manufacturer certifies before that date, on a form 6
prescribed by the director, under penalty of perjury, that: 7
(A) The vapor product or e -liquid product was on the 8
market in the United States as of August 8, 2016, and the manufacturer has 9
applied for a marketing order under 21 U.S.C. § 387j for the vapor product or 10
e-liquid product, whichever is applicable, by submitting a premarket tobacco 11
product application on or before September 9, 2020, and either: 12
(i) The premarket tobacco application for the vapor 13
product, alternative nicotine product, or e -liquid product remains under 14
review by the United States Food and Drug Administration; or 15
(ii) The United States Food and Drug Administration 16
has issued a marketing denial order for the vapor product or e -liquid 17
product, whichever is applicable, but the United States Food and Drug 18
Administration or a federal court has issued a stay order or injunction 19
during the pendency of the manufacturer's appeal of the marketing denial 20
order; 21
(B) The manufacturer has received a marketing granted 22
order under 21 U.S.C. § 387j for the vapor product or e -liquid product from 23
the United States Food and Drug Administration; or 24
(C) The manufacturer is not required to submit an 25
additional marketing granted order or premarket tobacco product application 26
for the vapor product or e -liquid product because the vapor product or e -27
liquid product merely reflects changes to the name, brand family, or 28
packaging of a vapor product or e -liquid product that is covered under 29
subdivision (e)(1)(A) or (e)(1)(B) of this section. 30
(2) In addition to the requirements in subdivision (e)(1) of 31
this section, each manufacturer shall provide to Arkansas Tobacco Control a 32
copy of the cover page of the: 33
(A) Premarket tobacco application with evidence of receipt 34
of the application by the United States Food and Drug Administration; 35
(B) Document issued by the United States Food and Drug 36 SB252
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Administration or by a court confirming that the premarket tobacco product 1
application has received a marketing denial order that has been and remains 2
stayed by the United States Food and Drug Administration or court order, 3
rescinded by the United States Food and Drug Administration, or vacated by a 4
court; or 5
(C) Marketing granted order issued under 21 U.S.C. § 387j. 6
(3)(A) The information submitted by the manufacturer under 7
subdivision (e)(2) of this section shall be considered confidential 8
commercial or financial information for purposes of the Freedom of 9
Information Act of 1967, § 25 -19-101 et seq. 10
(B) The manufacturer may redact certain confidential 11
commercial or financial information provided under subdivision (e)(2) of this 12
section. 13
(C) The director shall not disclose confidential 14
commercial or financial information except as required or authorized by law. 15
16
20-65-203. Material change to certification. 17
A manufacturer shall notify the Director of Arkansas Tobacco Control 18
within thirty (30) days of any material change to the information provided in 19
§ 20-65-202, including issuance by the United States Food and Drug 20
Administration of: 21
(1) A marketing granted order issued under 21 U.S.C. § 387j; 22
(2) An order requiring a manufacturer to remove a vapor product 23
or e-liquid product from the market either temporarily or permanently; 24
(3) Any notice of action taken by the United States Food and 25
Drug Administration affecting the ability of the new vapor product or e -26
liquid product to be introduced or delivered into interstate commerce for 27
commercial distribution; or 28
(4) Any change in policy that results in a vapor product or e -29
liquid product no longer being exempt from oversight of the United States 30
Food and Drug Administration. 31
32
20-65-204. Fees — Violations. 33
(a)(1) Each certifying manufacturer shall pay an initial fee of one 34
thousand dollars ($1,000) for each brand family of vapor products or e -liquid 35
products to offset the costs incurred by Arkansas Tobacco Control for 36 SB252
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processing the certifications and operating the directory under § 20 -65-202. 1
(2) The Director of Arkansas Tobacco Control shall collect an 2
annual fee of five hundred dollars ($500) for each brand family of vapor 3
products or e-liquid products to offset the costs associated with maintaining 4
the directory and satisfying the requirements of this subchapter. 5
(3) Any certification fees collected under this section shall be 6
deposited into the Arkansas Tobacco Control Revenue Fund established under § 7
19-6-831. 8
(b)(1) If a manufacturer can demonstrate to the director that the 9
United States Food and Drug Administration has issued a rule, guidance, or 10
any other formal statement that temporarily exempts a vapor product or e -11
liquid product from the federal premarket tobacco application requirements, 12
the vapor product or e -liquid product may be added to the directory upon 13
request by the manufacturer if the manufacturer provides sufficient evidence 14
that the vapor product or e -liquid product is compliant with the federal 15
rule, guidance, or other formal statement, as applicable. 16
(2) On and after July 1, 2025, or on the date that Arkansas 17
Tobacco Control first makes the directory available for public inspection on 18
its website as provided in § 20 -65-202, whichever is later, a manufacturer 19
who offers for sale a vapor product or e -liquid product that is not listed on 20
the directory is subject to a civil penalty of one thousand dollars ($1,000) 21
for each vapor product or e -liquid product offered for sale in violation of § 22
20-65-202 until the vapor product or e -liquid product is removed from the 23
market or properly listed on the directory. 24
(3) In addition to any penalty prescribed by law, a corporation, 25
partnership, sole proprietor, limited partnership, or association engaged in 26
the manufacture of vapor products or e -liquid products that knowingly makes a 27
false certification under this subchapter is subject to a civil penalty of 28
not less than seventy -five thousand dollars ($75,000) but not more than two 29
hundred fifty thousand dollars ($250,000) for each false certification. 30
(4) A repeated violation of this section shall constitute a 31
deceptive trade practice under § 4 -88-101 et seq. 32
(5) Beginning on July 1, 2025, or on the date that Arkansas 33
Tobacco Control first makes the directory available for public inspection on 34
its website under this subchapter, whichever is later, and subject to 35
subdivisions (b)(7) and (b)(8) of this section, it is unlawful for any person 36 SB252
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or entity to sell, offer, or possess in this state, or import for personal 1
consumption in this state, a vapor product or an e -liquid product that the 2
person or entity knows is not included in the directory maintained by the 3
director under this subchapter. 4
(6) A person or entity is deemed to have received notice that a 5
manufacturer is not included in the directory maintained by Arkansas Tobacco 6
Control at the time Arkansas Tobacco Control’s website fails to list any 7
manufacturer in the directory or at the time the director removes the 8
manufacturer from the directory. 9
(7) If a vapor product or e -liquid product or a manufacturer of 10
a vapor product or e -liquid product is removed from the directory established 11
and maintained by the director under § 20 -65-202, each wholesaler shall have 12
sixty (60) days from the date the vapor product or e -liquid product is 13
removed from the directory to remove any vapor product or e -liquid product 14
from the wholesaler’s inventory and physical location where the wholesaler 15
takes orders for, receives orders for, or sells the vapor product or e -liquid 16
product. 17
(8) If a vapor product or e -liquid product or a manufacturer of 18
a vapor product or e -liquid product is removed from the directory established 19
and maintained by the director under § 20 -65-202, each retailer shall have 20
one hundred twenty (120) days from the date any vapor product or e -liquid 21
product is removed from the directory to sell or remove the vapor product or 22
e-liquid product from the retailer’s inventory and permitted location. 23
(c)(1) In addition to the other fines and forfeitures, a person who 24
violates this section may be subject to a penalty for vapor products or e -25
liquid products held, sold, or offered for sale and confiscated by Arkansas 26
Tobacco Control in the amount of: 27
(A) Twenty-five dollars ($25.00) for each individual vapor 28
product or e-liquid product up to twenty (20) individual vapor products or e -29
liquid products; and 30
(B) Fifty dollars ($50.00) for each individual vapor 31
product or e-liquid product in excess of twenty (20) individual vapor 32
products or e-liquid products. 33
(2) The penalty under subdivision (c)(1) of this section shall 34
be held to be in the nature of a civil penalty and may be collected by civil 35
or administrative action and may be levied by the Arkansas Tobacco Control 36 SB252
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Board or any circuit court having jurisdiction in this state. 1
(3) A penalty assessed under this subsection shall be deposited 2
into the Arkansas Tobacco Control Revenue Fund established under § 19 -6-831. 3
4
20-65-205. Enforcement. 5
(a)(1)(A) A nonresident manufacturer that is not registered to do 6
business in the state, as a condition precedent to having its name or its 7
vapor products or e-liquid products listed and retained in the directory 8
created under this subchapter, shall appoint and continually engage without 9
interruption a registered agent in this state for service of process on whom 10
all process and any action or proceeding arising out of the enforcement of 11
this section may be served. 12
(B) The manufacturer shall provide to the Director of 13
Arkansas Tobacco Control the name, address, and telephone number of its agent 14
for service of process and shall provide any other information relating to 15
its agent as may be requested by the director. 16
(2)(A) A manufacturer that is located outside of the United 17
States, as an additional condition precedent to having its vapor products or 18
e-liquid products listed or retained in the directory, shall cause each of 19
its importers of any of its vapor products or e -liquid products to be sold in 20
this state to appoint, and continually engage without interruption, an agent 21
in this state in accordance with the provisions of this section. 22
(B) All obligations of a manufacturer imposed by this 23
section with respect to appointment of its agent shall also apply to 24
importers with respect to appointment of their agents; and 25
(3)(A) A manufacturer shall provide written notice to the 26
director thirty (30) days before the termination of the authority of an agent 27
appointed under subdivisions (a)(1) and (a)(2) of this section. 28
(B) No less than five (5) days before the termination of 29
an existing agent appointment, a manufacturer shall provide to the director 30
the name, address, and telephone number of its newly appointed agent for 31
service of process and shall provide any other information relating to the 32
new appointment as may be requested by the director. 33
(C) In the event an agent terminates an agency 34
appointment, the manufacturer shall notify the director of the termination 35
within five (5) days of the termination and shall include proof to the 36 SB252
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satisfaction of the director of the appointment of a new agent. 1
(b)(1) Each retailer and wholesaler that sells or distributes vapor 2
products or e-liquid products in this state may be subject to unannounced 3
compliance checks or inspections for purposes of enforcing this subchapter. 4
(2) Unannounced follow -up compliance checks or inspections of 5
all noncompliant retailers and wholesalers shall be conducted within ninety 6
(90) days after any violation of this subchapter. 7
(3) The director shall publish the results of all compliance 8
checks or inspections at least annually and shall make the results available 9
to the public on request. 10
(c) The director may promulgate rules necessary to effect the purposes 11
of this subchapter. 12
13
SECTION 6. Arkansas Code § 26 -57-203(4), concerning the definition of 14
"child-resistant packaging" within the Arkansas Tobacco Products Tax Act of 15
1977, is repealed to be codified in a location more suitable to the subject 16
matter. 17
(4)(A) “Child-resistant packaging” means packaging that is 18
designed or constructed to be: 19
(i) Significantly difficult for children under five 20
(5) years of age to: 21
(a) Open; or 22
(b) Obtain a toxic or harmful amount of the 23
substance contained therein within a reasonable time; and 24
(ii) Not difficult for an average adult to use 25
properly. 26
(B) “Child-resistant packaging” does not mean packaging 27
that children cannot open or obtain a toxic or harmful amount within a 28
reasonable time when tested in accordance with the method described in 16 29
C.F.R. § 1700.20, as it existed on January 1, 2015; 30
31
SECTION 7. Arkansas Code 26 -57-247(b), effective until 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 SB252
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disposition of the courts or the Arkansas Tobacco Control Board all tobacco 1
products, vapor products, alternative nicotine products, or e -liquid products 2
found in the possession of a person dealing in, or a consumer of, tobacco 3
products, vapor products, alternative nicotine products, or e -liquid products 4
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; or 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) Tobacco products, vapor products, alternative nicotine 17
products, or e-liquid products are possessed, sold, or offered for sale in 18
violation of § 20-65-101 et seq. 19
20
SECTION 8. Arkansas Code 26 -57-247(b), effective when the contingency 21
in Acts 2023, No. 629, § 17, is met, concerning seizure, forfeiture, and 22
disposition of tobacco products and other property, is amended to read as 23
follows: 24
(b) The Director of Arkansas Tobacco Control may seize and hold for 25
disposition of the courts or the Arkansas Tobacco Control Board all tobacco 26
products, vapor products, alternative nicotine products, e -liquid products, 27
or hemp-derived products found in the possession of a person dealing in, or a 28
consumer of, tobacco products, vapor products, alternative nicotine products, 29
e-liquid products, or hemp -derived products if: 30
(1) Prima facie evidence exists that the full amount of excise 31
tax due on the tobacco products has not been paid to the Secretary of the 32
Department of Finance and Administration; 33
(2) Tobacco products, vapor products, alternative nicotine 34
products, or e-liquid products are in the possession of a wholesaler who does 35
not possess a current Arkansas wholesale permit; 36 SB252
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(3) A retail establishment does not possess a current Arkansas 1
retail permit; 2
(4) The tobacco products, vapor products, alternative nicotine 3
products, or e-liquid products have been offered for sale to the public at 4
another location without a current Arkansas retail permit; or 5
(5) Hemp-derived products are possessed, sold, or offered for 6
sale in violation of § 20 -56-401 et seq.; or 7
(6) Tobacco products, vapor products, alternative nicotine 8
products, or e-liquid products are possessed, sold, or offered for sale in 9
violation of § 20-65-101 et seq. 10
11
SECTION 9. Arkansas Code § 26 -57-254 is repealed to be codified in a 12
location more suitable to the subject matter. 13
26-57-254. Safety inspections on permitted products — Restrictions on 14
use of e-liquid products and alternative nicotine products — Definitions. 15
(a) In order to assure that the citizens of this state receive only 16
tobacco products, vapor products, alternative nicotine products, or e -liquid 17
products that are fresh and not contaminated, and to ensure the safety of 18
Arkansas youth, the Director of Arkansas Tobacco Control is authorized under 19
this subchapter to: 20
(1) Inspect or cause to be inspected any tobacco product, vapor 21
product, alternative nicotine product, or e -liquid container in places of 22
storage or distribution authorized under this subchapter; and 23
(2) Require any tobacco products, vapor products, alternative 24
nicotine products, or e -liquid containers found to be contaminated, damaged, 25
or not fresh be removed from stock and be either returned to the proper 26
wholesaler or manufacturer for disposal according to law or delivered to the 27
Director of Arkansas Tobacco Control for destruction or disposal. 28
(b)(1) It is a violation for any person to use a tobacco product, 29
vapor product, alternative nicotine product, or e -liquid product in or on the 30
grounds of any school, childcare facility, or healthcare facility. 31
(2) As used in subdivision (b)(1) of this section: 32
(A) “Childcare facility” means the same as provided in § 33
20-78-202(2); 34
(B) “Healthcare facility” means the same as provided in § 35
20-27-1803(6); and 36 SB252
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(C) “School” means: 1
(i) Any buildings, parking lots, playing fields, 2
playgrounds, school buses, or other school vehicles; or 3
(ii) Any off-campus school-sponsored or school-4
sanctioned events with respect to any public, charter, or private school 5
where children attend classes in kindergarten programs or grades one through 6
twelve (1-12). 7
(c) On and after July 22, 2015, all alternative nicotine products and 8
e-liquid containers containing nicotine sold at retail in this state shall 9
satisfy the child-resistant packaging effectiveness standards described in § 10
26-57-203 when tested in accordance with the method described by 16 C.F.R. § 11
1700.20, as it existed on January 1, 2015. 12
(d) As used in this section, “e -liquid container” means a bottle or 13
other container of e -liquid that is sold or provided for mixing at retail and 14
is marketed or intended for use in a vapor product, but does not include e -15
liquid contained in a cartridge that is sold, marketed, or intended for use 16
in a vapor product if the cartridge is prefilled and sealed by the 17
manufacturer and is not intended to be opened by the consumer. 18
19
SECTION 10. Arkansas Code 26 -57-255(g)(3)(A)-(C), effective until 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, § 20-65-101 25
et seq., or any other federal, state, or local statute, ordinance, rule, or 26
regulation concerning the sale of tobacco products, vapor products, 27
alternative nicotine products, or e -liquid products to minors or the rules 28
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., § 20-65-101 et seq., or the rules promulgated by Arkansas 33
Tobacco Control, the board may suspend or revoke any or all permits issued by 34
the director to any person. 35
(C)(i) The board may levy a civil penalty in an amount not 36 SB252
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to exceed five thousand dollars ($5,000) for each violation against a person 1
found to be in violation of this subchapter, the Unfair Cigarette Sales Act, 2
§ 4-75-701 et seq., § 20-65-101 et seq., or the rules promulgated by Arkansas 3
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 11. Arkansas Code 26 -57-255(g)(3)(A)-(C), effective when the 9
contingency in Acts 2023, No. 629, § 17, is met, concerning the creation of 10
the Arkansas Tobacco Control Board, are amended to read as follows: 11
(3)(A) Conduct public hearings when appropriate regarding a 12
permit authorized under this subchapter or in violation of this subchapter, 13
the Unfair Cigarette Sales Act, § 4 -75-701 et seq., § 5-27-227, § 20-56-401 14
et seq., § 20-65-101 et seq., or any other federal, state, or local statute, 15
ordinance, rule, or regulation concerning the sale of tobacco products, vapor 16
products, alternative nicotine products, e -liquid products, or hemp -derived 17
products to minors or the rules promulgated by Arkansas Tobacco Control. 18
(B) After notice and hearing held in accordance with the 19
Arkansas Administrative Procedure Act, § 25 -15-201 et seq., if the board 20
finds a violation of this subchapter, the Unfair Cigarette Sales Act, § 4 -75-21
701 et seq., § 20-56-401 et seq., § 20-65-101 et seq., or the rules 22
promulgated by Arkansas Tobacco Control, the board may suspend or revoke any 23
or all permits issued by the director to any person. 24
(C)(i) The board may levy a civil penalty in an amount not 25
to exceed five thousand dollars ($5,000) for each violation against a person 26
found to be in violation of this subchapter, the Unfair Cigarette Sales Act, 27
§ 4-75-701 et seq., § 20-56-401 et seq., § 20-65-101 et seq., or the rules 28
promulgated by Arkansas Tobacco Control. 29
(ii) The board shall levy a civil penalty in 30
accordance with the guidelines set out in § 20 -65-204 for a violation of § 31
20-65-204. 32
33
SECTION 12. Arkansas Code 26 -57-256(a), effective until the 34
contingency in Acts 2023, No. 629, § 17, is met, concerning the powers of 35
Arkansas Tobacco Control, is amended to add an additional subdivision to read 36 SB252
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as follows: 1
(7) Develop and maintain a directory as described under § 20 -65-2
202. 3
4
SECTION 13. Arkansas Code 26 -57-256(a), effective when the contingency 5
in Acts 2023, No. 629, § 17, is met, concerning the powers of Arkansas 6
Tobacco Control, is amended to add an additional subdivision to read as 7
follows: 8
(7) Develop and maintain a directory as described under § 20 -65-9
202. 10
11
SECTION 14. EMERGENCY CLAUSE. It is found and determined by the 12
General Assembly of the State of Arkansas that vapor products and e -liquid 13
products are being sold in this state that are not authorized by the United 14
States Food and Drug Administration or subject to pending premarket 15
applications; that vapor products and e -liquids are common with the youth 16
with forty-four percent (44%) of Arkansas high school seniors reporting to 17
have tried vapor products or e -liquid products; that a vapor product and e -18
liquid product directory would authorize the state to bar the sale of 19
products that are not authorized by the United States Food and Drug 20
Administration or subject to pending premarket applications; and that this 21
act is immediately necessary to protect the health and safety of the youth of 22
this state from vapor products and e -liquid products that are not authorized 23
by the United States Food and Drug Administration or subject to pending 24
premarket applications. Therefore, an emergency is declared to exist, and 25
this act being immediately necessary for the preservation of the public 26
peace, health, and safety shall become effective on: 27
(1) The date of its approval by the Governor; 28
(2) If the bill is neither approved nor vetoed by the Governor, 29
the expiration of the period of time during which the Governor may veto the 30
bill; or 31
(3) If the bill is vetoed by the Governor and the veto is 32
overridden, the date the last house overrides the veto. 33
34
35
36