Arkansas 2025 Regular Session

Arkansas Senate Bill SB252 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.
2		-	Act 590 of the Regular Session
3		-	JMB137 03-17-2025 14:55:13 JMB137
4		-
5		-	State of Arkansas As Engrossed: S2/25/25 S3/17/25 1
	2	+	JMB137 02/18/2025 11:32:49 AM JMB137
	3	+	State of Arkansas 1
6	4		95th General Assembly A Bill 2
7	5		Regular Session, 2025 SENATE BILL 252 3
8	6		4
9	7		By: Senator J. Dismang 5
10	8		By: Representatives Wardlaw, K. Brown 6
11	9		7
12	10		For An Act To Be Entitled 8
13	11		AN ACT TO AMEND THE ARKANSAS TOBACCO PRODUCTS TAX ACT 9
14	12		OF 1977; TO INFORM THE PUBLIC OF HEALTH RISKS CAUSED 10
15	13		BY VAPOR PRODUCTS AND E -LIQUID PRODUCTS; TO PREVENT 11
16	14		CONTAMINATION, ADULTERATION, OR INCLUSION OF 12
17	15		INGREDIENTS OR OTHER SUBSTANCES IN VAPOR PRODUCTS OR 13
18	16		E-LIQUID PRODUCTS THAT MIGHT CAUSE HARM TO PUBLIC 14
19	17		HEALTH AND SAFETY; TO ENSURE THE SAFETY OF ARKANSAS 15
20		-	YOUTH; AND FOR OTHER PURPOSES. 16
	18	+	YOUTH; TO DECLARE AN EMERGENCY; AND FOR OTHER 16
	19	+	PURPOSES. 17
	20	+	18
	21	+	19
	22	+	Subtitle 20
	23	+	TO INFORM THE PUBLIC OF HEALTH RISKS 21
	24	+	CAUSED BY VAPOR PRODUCTS AND E -LIQUID 22
	25	+	PRODUCTS; TO ENSURE THE SAFETY OF 23
	26	+	ARKANSAS YOUTH; AND TO DECLARE AN 24
	27	+	EMERGENCY. 25
	28	+	26
	29	+	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 27
	30	+	28
	31	+	SECTION 1. Arkansas Code 19 -6-831(b)(2), effective until the 29
	32	+	contingency in Acts 2023, No. 629, § 17, is met, concerning the creation of 30
	33	+	the Arkansas Tobacco Control Revenue Fund, is amended to read as follows: 31
	34	+	(2) The fund also shall consist of any other revenues authorized 32
	35	+	by law, including without limitation all certification fees collected by 33
	36	+	Arkansas Tobacco Control under § 20 -65-201 et seq. and all civil penalties 34
	37	+	collected by Arkansas Tobacco Control under § 20 -65-204(c). 35
	38	+	36 SB252
	39	+
	40	+	2 02/18/2025 11:32:49 AM JMB137
	41	+	SECTION 2. Arkansas Code 19 -6-831(b)(2), effective when the 1
	42	+	contingency in Acts 2023, No. 629, § 17, is met, concerning the creation of 2
	43	+	the Arkansas Tobacco Control Revenue Fund, is amended to read as follows: 3
	44	+	(2) The fund also shall consist of any other revenues authorized 4
	45	+	by law, including without limitation all certification fees collected by 5
	46	+	Arkansas Tobacco Control under § 20 -65-201 et seq. and all civil penalties 6
	47	+	collected by Arkansas Tobacco Control under § 20 -65-204(c). 7
	48	+	8
	49	+	SECTION 3. Arkansas Code 19 -6-831(c)(1), effective until the 9
	50	+	contingency in Acts 2023, No. 629, § 17, is met, concerning the creation of 10
	51	+	the Arkansas Tobacco Control Revenue Fund, is amended to read as follows: 11
	52	+	(c)(1) The fund shall be used for expenses incurred by Arkansas 12
	53	+	Tobacco Control in the organization, maintenance, operation, and merchant 13
	54	+	education and training with regard to enforcement of § 5 -27-227, § 20-65-101 14
	55	+	et seq., the Arkansas Tobacco Products Tax Act of 1977, § 26 -57-201 et seq., 15
	56	+	and the Unfair Cigarette Sales Act, § 4 -75-701 et seq. 16
21	57		17
22		-	18
23		-	~~Subtitle~~ 19
24		-	TO ~~INFORM THE PUBLIC OF HEALTH RISKS~~ 20
25		-	~~CAUSED~~ BY ~~VAPOR PRODUCTS AND E -LIQUID~~ 21
26		-	~~PRODUCTS;~~ AND ~~TO ENSURE THE SAFETY OF~~ 22
27		-	~~ARKANSAS YOUTH.~~ 23
28		-	24
29		-	~~BE IT ENACTED BY~~ THE ~~GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:~~ 25
	58	+	SECTION 4. Arkansas Code 19 -6-831(c)(1), effective when the 18
	59	+	contingency in Acts 2023, No. 629, § 17, is met, concerning the creation of 19
	60	+	the Arkansas Tobacco Control Revenue Fund, is amended to read as follows: 20
	61	+	(c)(1) The fund shall be used for expenses incurred by Arkansas 21
	62	+	Tobacco Control in the organization, maintenance, operation, and merchant 22
	63	+	education and training with regard to enforcement of § 5 -27-227, § 20-65-101 23
	64	+	et seq., the Arkansas Tobacco Products Tax Act of 1977, § 26 -57-201 et seq., 24
	65	+	§ 20-56-401 et seq., and the Unfair Cigarette Sales Act, § 4 -75-701 et seq. 25
30	66		26
31		-	SECTION 1. Arkansas Code 19 -6-831(b)(2), effective until the 27
32		-	contingency in Acts 2023, No. 629, § 17, is met, concerning the creation of 28
33		-	the Arkansas Tobacco Control Revenue Fund, is amended to read as follows: 29
34		-	(2) The fund also shall consist of any other revenues authorized 30
35		-	by law, including without limitation all certification fees collected by 31
36		-	Arkansas Tobacco Control under § 20 -65-201 et seq. and all civil penalties 32
37		-	collected by Arkansas Tobacco Control under § 20 -65-204(c). 33
	67	+	SECTION 5. Arkansas Code Title 20 is amended to add an additional 27
	68	+	chapter to read as follows: 28
	69	+	CHAPTER 65 — TOBACCO PRODUCTS, VAPOR PRODUCTS, ALTERNATIVE NICOTINE PRODUCTS, 29
	70	+	AND E-LIQUID PRODUCTS 30
	71	+	31
	72	+	Subchapter 1 — General Provisions 32
	73	+	33
	74	+	20-65-101. Definitions. 34
	75	+	As used in this chapter, unless otherwise specified: 35
	76	+	(1)(A) “Alternative nicotine product” means a product that 36 SB252
	77	+
	78	+	3 02/18/2025 11:32:49 AM JMB137
	79	+	consists of or contains nicotine from any source that can be ingested into 1
	80	+	the body by chewing, smoking, absorbing, dissolving, inhaling, snorting, 2
	81	+	sniffing, or by any other means. 3
	82	+	(B) “Alternative nicotine product” does not include a: 4
	83	+	(i) Tobacco product; 5
	84	+	(ii) Vapor product; 6
	85	+	(iii) Product that is a drug under 21 U.S.C. § 7
	86	+	321(g)(1); 8
	87	+	(iv) Product that is a device under 21 U.S.C. § 9
	88	+	321(h); or 10
	89	+	(v) Product that constitutes a combination drug, 11
	90	+	device, or biological product as described in 21 U.S.C. § 353(g); 12
	91	+	(2) “Annual” or “annually” means the fiscal year from July 1 13
	92	+	through the following June 30; 14
	93	+	(3) “Brand family” means all styles of vapor products, 15
	94	+	alternative nicotine products, and e -liquid products sold under the same 16
	95	+	trademark and differentiated from another style by means of additional 17
	96	+	modifiers or descriptors, and includes any brand name alone or in conjunction 18
	97	+	with any other word, trademark, logo, symbol, motto, selling message, 19
	98	+	recognizable pattern of colors, or any other indicia of product 20
	99	+	identification identical to, similar to, or identifiable with a previously 21
	100	+	known brand of vapor products, alternative nicotine product, or e -liquid 22
	101	+	products; 23
	102	+	(4) “Childcare facility” means the same as provided in § 20 -78-24
	103	+	202; 25
	104	+	(5) “Child-resistant packaging” means packaging that is designed 26
	105	+	or constructed to be compliant with the Federal Child Nicotine Poisoning 27
	106	+	Prevention Act, Pub. L. No. 114 -116, 15 U.S.C. § 1472a; 28
	107	+	(6) “Consumer” means a member of the public at large; 29
	108	+	(7) “E-liquid” and “e-liquid product” means a liquid product, 30
	109	+	which may or may not contain nicotine, that is inhaled when using a vapor 31
	110	+	product and that may or may not include without limitation propylene glycol, 32
	111	+	vegetable glycerin, nicotine from any source, and flavorings; 33
	112	+	(8)(A) “E-liquid container” means a bottle or other container of 34
	113	+	e-liquid that is sold or provided for mixing at retail and is marketed or 35
	114	+	intended for use in a vapor product. 36 SB252
	115	+
	116	+	4 02/18/2025 11:32:49 AM JMB137
	117	+	(B) "E-liquid container" does not include e -liquid 1
	118	+	contained in a cartridge that is sold, marketed, or intended for use in a 2
	119	+	vapor product if the cartridge is prefilled and sealed by the manufacturer 3
	120	+	and is not intended to be opened by the consumer; 4
	121	+	(9) “Healthcare facility” means the same as in § 20 -27-1803; 5
	122	+	(10)(A) “Manufacturer” means a person that manufactures, 6
	123	+	fabricates, assembles, or processes a tobacco product or manufactures or 7
	124	+	fabricates a vapor product, alternative nicotine product, or e -liquid 8
	125	+	product, including without limitation a federally licensed importer and a 9
	126	+	federally licensed distributor that deals in tobacco products, vapor 10
	127	+	products, alternative nicotine products, or e -liquid products. 11
	128	+	(B) “Manufacturer” includes a sales entity affiliate of 12
	129	+	the manufacturer or any other entity representing the manufacturer with 13
	130	+	regard to the sale of tobacco products, vapor products, alternative nicotine 14
	131	+	products, or e-liquid products produced by the manufacturer to wholesalers or 15
	132	+	permitted retailers. 16
	133	+	(C) “Manufacturer” specifically includes a person that 17
	134	+	mixes, compounds, repackages, or resizes e -liquid products or vapor products; 18
	135	+	(11) “School” means: 19
	136	+	(A) Any buildings, parking lots, playing fields, 20
	137	+	playgrounds, school buses, or other school vehicles; or 21
	138	+	(B) Any off-campus school-sponsored or school-sanctioned 22
	139	+	events with respect to any public school, open -enrollment public charter 23
	140	+	school, or private school where children attend classes in kindergarten 24
	141	+	through grade twelve (K -12); 25
	142	+	(12) “Tobacco products” means all products containing tobacco 26
	143	+	for consumption, including without limitation cigarettes, cigars, little 27
	144	+	cigars, cigarillos, chewing tobacco, smokeless tobacco, snuff, smoking 28
	145	+	tobacco, including pipe tobacco, and smoking tobacco substitutes; and 29
	146	+	(13) “Vapor product” means an electronic oral device of any size 30
	147	+	or shape that contains a vapor of nicotine, e -liquid, or any other substance 31
	148	+	that when used or inhaled simulates smoking, regardless of whether a visible 32
	149	+	vapor is produced, including without limitation a device that: 33
	150	+	(A) Is composed of a heating element, battery, electronic 34
	151	+	circuit, chemical process, mechanical device, or a combination of heating 35
	152	+	element, battery, electronic circuit, chemical process, or mechanical device; 36 SB252
	153	+
	154	+	5 02/18/2025 11:32:49 AM JMB137
	155	+	(B) Works in combination with a cartridge, other 1
	156	+	container, or liquid delivery device containing nicotine, e -liquid, or any 2
	157	+	other substance and manufactured for use with vapor products; 3
	158	+	(C) Is manufactured, distributed, marketed, or sold as any 4
	159	+	type or derivation of a vapor product, e -cigarette, e-cigar, e-pipe, or any 5
	160	+	other product name or descriptor; and 6
	161	+	(D) Does not include a product regulated as a drug or 7
	162	+	device by the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., 8
	163	+	as it existed on January 1, 2015. 9
	164	+	10
	165	+	20-65-102. Safety inspections — Child-resistant packaging. 11
	166	+	(a) To ensure that the citizens of this state receive only tobacco 12
	167	+	products, vapor products, alternative nicotine products, or e -liquid products 13
	168	+	that are fresh, uncontaminated, unadulterated, and otherwise free of 14
	169	+	substances that might cause harm to public health and safety, and to ensure 15
	170	+	the safety of Arkansas youth, the Director of Arkansas Tobacco Control may: 16
	171	+	(1) Inspect or cause to be inspected any tobacco products, vapor 17
	172	+	product, alternative nicotine product, or e -liquid container in places of 18
	173	+	storage or distribution authorized under state law; 19
	174	+	(2) In addition to any authorization or remedy under law, 20
	175	+	require any tobacco products, vapor products, alternative nicotine products, 21
	176	+	or e-liquid containers found to be contaminated, adulterated, damaged, or not 22
	177	+	fresh be removed from stock and be either returned to the proper wholesaler 23
	178	+	or manufacturer for disposal according to law or delivered to the director 24
	179	+	for destruction or disposal; 25
	180	+	(3) Prescribe any form, application, certificate, or other 26
	181	+	documentation or record to be used in the administration and enforcement of 27
	182	+	this chapter; and 28
	183	+	(4) Promulgate rules necessary to implement and effectuate the 29
	184	+	purposes of this chapter. 30
	185	+	(b) All alternative nicotine products and e -liquids sold at retail in 31
	186	+	this state shall be sold in child -resistant packaging. 32
	187	+	33
	188	+	20-65-103. Prohibition on use in certain settings. 34
	189	+	It is a violation of this chapter for any person to use a tobacco 35
	190	+	product, vapor product, alternative nicotine product, or e -liquid product in 36 SB252
	191	+
	192	+	6 02/18/2025 11:32:49 AM JMB137
	193	+	or on the grounds of any school, childcare facility, or healthcare facility. 1
	194	+	2
	195	+	20-65-104. Advertising prohibitions for vapor product, alternative 3
	196	+	nicotine product, e-liquid product, or e -liquid container. 4
	197	+	A person may not advertise, market, or offer for sale in this state any 5
	198	+	tobacco products, vapor products, alternative nicotine products, e -liquid 6
	199	+	products, or e-liquid containers by using, in the labeling or design of the 7
	200	+	product, its packaging, or its advertising or marketing materials, trade 8
	201	+	dress, trademarks, branding, or other related imagery that: 9
	202	+	(1) Imitates or replicates those of food brands or other related 10
	203	+	products that are commonly marketed to children or minors, including without 11
	204	+	limitation breakfast cereals, cookies, juice drinks, soft drinks, frozen 12
	205	+	drinks, ice creams, sorbets, sherbets, and frozen pops; 13
	206	+	(2) Depicts or signifies characters or symbols that are known to 14
	207	+	a reasonable person to appeal primarily to or are commonly associated with 15
	208	+	children or minors, including without limitation superheroes, cartoons or 16
	209	+	cartoon characters, anime characters, comic book characters, video game 17
	210	+	characters, television show characters, movie characters, mythical creatures, 18
	211	+	or unicorns, or that otherwise incorporates related imagery or scenery; or 19
	212	+	(3) Uses the terms “candy”, “candies”, “cake”,” “cakes”, “pies”, 20
	213	+	or “cupcakes” or any variant of these terms when that variant term is used in 21
	214	+	a manner to market to children or minors or known to a reasonable person to 22
	215	+	appeal primarily to children or minors, or any other term referencing a type 23
	216	+	or brand of candy, cakes, pastries, or pies, including types or brands of 24
	217	+	candies, cakes, pastries, or pies that do not include the words “candy”, 25
	218	+	“candies”, “cake”, “cakes”, “pies”, or “cupcakes” in their names, labels, or 26
	219	+	slogans. 27
	220	+	28
	221	+	20-65-105. Contaminated or adulterated tobacco products, vapor 29
	222	+	products, alternative nicotine products, or e -liquid products. 30
	223	+	(a) It is a violation of this chapter for any person to offer for sale 31
	224	+	in this state or sell to persons located in this state any contaminated or 32
	225	+	adulterated tobacco products, vapor product, alternative nicotine product, or 33
	226	+	e-liquid product. 34
	227	+	(b) A tobacco product, vapor product, alternative nicotine product, or 35
	228	+	e-liquid product in this state is contaminated or adulterated if the product: 36 SB252
	229	+
	230	+	7 02/18/2025 11:32:49 AM JMB137
	231	+	(1) Consists in whole or in part of any filthy, putrid, or 1
	232	+	decomposed substance; 2
	233	+	(2) Contains any added poisonous or deleterious substance that 3
	234	+	may render the product injurious to public health; or 4
	235	+	(3) Does not have an approved certification as required in § 20 -5
	236	+	65-202. 6
	237	+	7
	238	+	Subchapter 2 — Manufacturer Directory for Vapor Products and E-liquid 8
	239	+	Products 9
	240	+	10
	241	+	20-65-201. Definitions. 11
	242	+	As used in this subchapter: 12
	243	+	(1) “E-liquid” and “e-liquid product” means a liquid product 13
	244	+	containing nicotine from any source that is inhaled when using a vapor 14
	245	+	product, and that may or may not include without limitation propylene glycol, 15
	246	+	vegetable glycerin, and flavorings; and 16
	247	+	(2) “Vapor product” means an electronic oral device of any size 17
	248	+	or shape that contains a vapor of nicotine or e -liquid that when used or 18
	249	+	inhaled simulates smoking, regardless of whether a visible vapor is produced, 19
	250	+	including without limitation a device that: 20
	251	+	(A) Is composed of a heating element, battery, electronic 21
	252	+	circuit, chemical process, mechanical device, or a combination of heating 22
	253	+	element, battery, electronic circuit, chemical process, or mechanical device; 23
	254	+	(B) Works in combination with a cartridge, other 24
	255	+	container, or liquid delivery device containing nicotine from any source or 25
	256	+	e-liquid and manufactured for use with vapor products; 26
	257	+	(C) Is manufactured, distributed, marketed, or sold as any 27
	258	+	type or derivation of a vapor product, e -cigarette containing nicotine from 28
	259	+	any source, e-cigar containing nicotine from any source, e -pipe containing 29
	260	+	nicotine from any source, or any other vapor product name or descriptor; and 30
	261	+	(D) Does not include a product regulated as a drug or 31
	262	+	device by the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., 32
	263	+	as it existed on January 1, 2015. 33
38	264		34
39		-	~~SECTION 2~~. ~~Arkansas Code 19 -6-831(b)(2), effective when the~~ 35
40		-	~~contingency in Acts 2023, No. 629, § 17, is met, concerning~~ the ~~creation~~ of 36 ~~As Engrossed: S2/25/25 S3/17/25~~ SB252
	265	+	20-65-202. Establishment. 35
	266	+	(a) The Director of Arkansas Tobacco Control shall develop and 36 SB252
41	267
42		-	2 03-17-2025 14:55:13 JMB137
	268	+	8 02/18/2025 11:32:49 AM JMB137
	269	+	maintain a directory listing all manufacturers that have provided 1
	270	+	certifications that comply with this subchapter and each vapor product and e -2
	271	+	liquid product that is listed in those certifications. 3
	272	+	(b) The director shall: 4
	273	+	(1) Make the directory available for public inspection on 5
	274	+	Arkansas Tobacco Control's website by July 1, 2025; and 6
	275	+	(2) Update the directory to correct mistakes and add or remove 7
	276	+	manufacturers or a vapor product or e -liquid product consistent with the 8
	277	+	requirements of this section on a monthly basis. 9
	278	+	(c) A person or entity is deemed to have received notice as required 10
	279	+	under subsection (d) of this section that a vapor product or e -liquid product 11
	280	+	of a manufacturer is not included in the directory maintained by Arkansas 12
	281	+	Tobacco Control under this section at the time Arkansas Tobacco Control’s 13
	282	+	website fails to list any vapor product or e -liquid product in the directory 14
	283	+	or at the time the director removes the vapor product or e -liquid product 15
	284	+	from the directory. 16
	285	+	(d)(1)(A) The director may not remove the manufacturer or its vapor 17
	286	+	product or e-liquid product from the directory until at least fifteen (15) 18
	287	+	days after the manufacturer has been given notice of an intended action. 19
	288	+	(B) Notice shall be sufficient and be deemed immediately 20
	289	+	received by a manufacturer if the notice is sent either electronically or by 21
	290	+	facsimile to an email address or facsimile number, as the case may be, 22
	291	+	provided by the manufacturer in the manufacturer’s most recent certification 23
	292	+	filed under this subchapter. 24
	293	+	(2) The vapor product or e -liquid product manufacturer shall 25
	294	+	have fifteen (15) days from the date of service of the notice of the 26
	295	+	director’s intended action to establish that the vapor product or e -liquid 27
	296	+	product manufacturer or its vapor product or e -liquid product should be 28
	297	+	included in the directory. 29
	298	+	(3) If after fifteen (15) days from the date of service of the 30
	299	+	notice of the director’s intended action the manufacturer of the vapor 31
	300	+	product or e-liquid products remains in noncompliance, and the manufacturer 32
	301	+	has not requested a hearing before the Arkansas Tobacco Control Board within 33
	302	+	fifteen (15) days of notice of the director’s intended action, the 34
	303	+	manufacturer and its vapor product or e -liquid product shall be removed from 35
	304	+	the directory. 36 SB252
43	305
	306	+	9 02/18/2025 11:32:49 AM JMB137
	307	+	(4) Every manufacturer shall provide and update as necessary an 1
	308	+	email address to the director for the purpose of receiving any notifications 2
	309	+	required by this subchapter. 3
	310	+	(e)(1) Beginning May 1, 2025, a vapor product or e -liquid product 4
	311	+	shall not be offered for sale in this state or sold to a person located in 5
	312	+	this state unless the manufacturer certifies before that date, on a form 6
	313	+	prescribed by the director, under penalty of perjury, that: 7
	314	+	(A) The vapor product or e -liquid product was on the 8
	315	+	market in the United States as of August 8, 2016, and the manufacturer has 9
	316	+	applied for a marketing order under 21 U.S.C. § 387j for the vapor product or 10
	317	+	e-liquid product, whichever is applicable, by submitting a premarket tobacco 11
	318	+	product application on or before September 9, 2020, and either: 12
	319	+	(i) The premarket tobacco application for the vapor 13
	320	+	product, alternative nicotine product, or e -liquid product remains under 14
	321	+	review by the United States Food and Drug Administration; or 15
	322	+	(ii) The United States Food and Drug Administration 16
	323	+	has issued a marketing denial order for the vapor product or e -liquid 17
	324	+	product, whichever is applicable, but the United States Food and Drug 18
	325	+	Administration or a federal court has issued a stay order or injunction 19
	326	+	during the pendency of the manufacturer's appeal of the marketing denial 20
	327	+	order; 21
	328	+	(B) The manufacturer has received a marketing granted 22
	329	+	order under 21 U.S.C. § 387j for the vapor product or e -liquid product from 23
	330	+	the United States Food and Drug Administration; or 24
	331	+	(C) The manufacturer is not required to submit an 25
	332	+	additional marketing granted order or premarket tobacco product application 26
	333	+	for the vapor product or e -liquid product because the vapor product or e -27
	334	+	liquid product merely reflects changes to the name, brand family, or 28
	335	+	packaging of a vapor product or e -liquid product that is covered under 29
	336	+	subdivision (e)(1)(A) or (e)(1)(B) of this section. 30
	337	+	(2) In addition to the requirements in subdivision (e)(1) of 31
	338	+	this section, each manufacturer shall provide to Arkansas Tobacco Control a 32
	339	+	copy of the cover page of the: 33
	340	+	(A) Premarket tobacco application with evidence of receipt 34
	341	+	of the application by the United States Food and Drug Administration; 35
	342	+	(B) Document issued by the United States Food and Drug 36 SB252
44	343
45		-	the Arkansas Tobacco Control Revenue Fund, is amended to read as follows: 1
46		-	(2) The fund also shall consist of any other revenues authorized 2
47		-	by law, including without limitation all certification fees collected by 3
48		-	Arkansas Tobacco Control under § 20 -65-201 et seq. and all civil penalties 4
49		-	collected by Arkansas Tobacco Control under § 20 -65-204(c). 5
50		-	6
51		-	SECTION 3. Arkansas Code 19 -6-831(c)(1), effective until the 7
52		-	contingency in Acts 2023, No. 629, § 17, is met, concerning the creation of 8
53		-	the Arkansas Tobacco Control Revenue Fund, is amended to read as follows: 9
54		-	(c)(1) The fund shall be used for expenses incurred by Arkansas 10
55		-	Tobacco Control in the organization, maintenance, operation, and merchant 11
56		-	education and training with regard to enforcement of § 5 -27-227, § 20-65-101 12
57		-	et seq., the Arkansas Tobacco Products Tax Act of 1977, § 26 -57-201 et seq., 13
58		-	and the Unfair Cigarette Sales Act, § 4 -75-701 et seq. 14
59		-	15
60		-	SECTION 4. Arkansas Code 19 -6-831(c)(1), effective when the 16
61		-	contingency in Acts 2023, No. 629, § 17, is met, concerning the creation of 17
62		-	the Arkansas Tobacco Control Revenue Fund, is amended to read as follows: 18
63		-	(c)(1) The fund shall be used for expenses incurred by Arkansas 19
64		-	Tobacco Control in the organization, maintenance, operation, and merchant 20
65		-	education and training with regard to enforcement of § 5 -27-227, § 20-65-101 21
66		-	et seq., the Arkansas Tobacco Products Tax Act of 1977, § 26 -57-201 et seq., 22
67		-	§ 20-56-401 et seq., and the Unfair Cigarette Sales Act, § 4 -75-701 et seq. 23
68		-	24
69		-	SECTION 5. Arkansas Code Title 20 is amended to add an additional 25
70		-	chapter to read as follows: 26
71		-	CHAPTER 65 — TOBACCO PRODUCTS, VAPOR PRODUCTS, ALTERNATIVE NICOTINE PRODUCTS, 27
72		-	AND E-LIQUID PRODUCTS 28
73		-	29
74		-	Subchapter 1 — General Provisions 30
	344	+	10 02/18/2025 11:32:49 AM JMB137
	345	+	Administration or by a court confirming that the premarket tobacco product 1
	346	+	application has received a marketing denial order that has been and remains 2
	347	+	stayed by the United States Food and Drug Administration or court order, 3
	348	+	rescinded by the United States Food and Drug Administration, or vacated by a 4
	349	+	court; or 5
	350	+	(C) Marketing granted order issued under 21 U.S.C. § 387j. 6
	351	+	(3)(A) The information submitted by the manufacturer under 7
	352	+	subdivision (e)(2) of this section shall be considered confidential 8
	353	+	commercial or financial information for purposes of the Freedom of 9
	354	+	Information Act of 1967, § 25 -19-101 et seq. 10
	355	+	(B) The manufacturer may redact certain confidential 11
	356	+	commercial or financial information provided under subdivision (e)(2) of this 12
	357	+	section. 13
	358	+	(C) The director shall not disclose confidential 14
	359	+	commercial or financial information except as required or authorized by law. 15
	360	+	16
	361	+	20-65-203. Material change to certification. 17
	362	+	A manufacturer shall notify the Director of Arkansas Tobacco Control 18
	363	+	within thirty (30) days of any material change to the information provided in 19
	364	+	§ 20-65-202, including issuance by the United States Food and Drug 20
	365	+	Administration of: 21
	366	+	(1) A marketing granted order issued under 21 U.S.C. § 387j; 22
	367	+	(2) An order requiring a manufacturer to remove a vapor product 23
	368	+	or e-liquid product from the market either temporarily or permanently; 24
	369	+	(3) Any notice of action taken by the United States Food and 25
	370	+	Drug Administration affecting the ability of the new vapor product or e -26
	371	+	liquid product to be introduced or delivered into interstate commerce for 27
	372	+	commercial distribution; or 28
	373	+	(4) Any change in policy that results in a vapor product or e -29
	374	+	liquid product no longer being exempt from oversight of the United States 30
	375	+	Food and Drug Administration. 31
	376	+	32
	377	+	20-65-204. Fees — Violations. 33
	378	+	(a)(1) Each certifying manufacturer shall pay an initial fee of one 34
	379	+	thousand dollars ($1,000) for each brand family of vapor products or e -liquid 35
	380	+	products to offset the costs incurred by Arkansas Tobacco Control for 36 SB252
	381	+
	382	+	11 02/18/2025 11:32:49 AM JMB137
	383	+	processing the certifications and operating the directory under § 20 -65-202. 1
	384	+	(2) The Director of Arkansas Tobacco Control shall collect an 2
	385	+	annual fee of five hundred dollars ($500) for each brand family of vapor 3
	386	+	products or e-liquid products to offset the costs associated with maintaining 4
	387	+	the directory and satisfying the requirements of this subchapter. 5
	388	+	(3) Any certification fees collected under this section shall be 6
	389	+	deposited into the Arkansas Tobacco Control Revenue Fund established under § 7
	390	+	19-6-831. 8
	391	+	(b)(1) If a manufacturer can demonstrate to the director that the 9
	392	+	United States Food and Drug Administration has issued a rule, guidance, or 10
	393	+	any other formal statement that temporarily exempts a vapor product or e -11
	394	+	liquid product from the federal premarket tobacco application requirements, 12
	395	+	the vapor product or e -liquid product may be added to the directory upon 13
	396	+	request by the manufacturer if the manufacturer provides sufficient evidence 14
	397	+	that the vapor product or e -liquid product is compliant with the federal 15
	398	+	rule, guidance, or other formal statement, as applicable. 16
	399	+	(2) On and after July 1, 2025, or on the date that Arkansas 17
	400	+	Tobacco Control first makes the directory available for public inspection on 18
	401	+	its website as provided in § 20 -65-202, whichever is later, a manufacturer 19
	402	+	who offers for sale a vapor product or e -liquid product that is not listed on 20
	403	+	the directory is subject to a civil penalty of one thousand dollars ($1,000) 21
	404	+	for each vapor product or e -liquid product offered for sale in violation of § 22
	405	+	20-65-202 until the vapor product or e -liquid product is removed from the 23
	406	+	market or properly listed on the directory. 24
	407	+	(3) In addition to any penalty prescribed by law, a corporation, 25
	408	+	partnership, sole proprietor, limited partnership, or association engaged in 26
	409	+	the manufacture of vapor products or e -liquid products that knowingly makes a 27
	410	+	false certification under this subchapter is subject to a civil penalty of 28
	411	+	not less than seventy -five thousand dollars ($75,000) but not more than two 29
	412	+	hundred fifty thousand dollars ($250,000) for each false certification. 30
	413	+	(4) A repeated violation of this section shall constitute a 31
	414	+	deceptive trade practice under § 4 -88-101 et seq. 32
	415	+	(5) Beginning on July 1, 2025, or on the date that Arkansas 33
	416	+	Tobacco Control first makes the directory available for public inspection on 34
	417	+	its website under this subchapter, whichever is later, and subject to 35
	418	+	subdivisions (b)(7) and (b)(8) of this section, it is unlawful for any person 36 SB252
	419	+
	420	+	12 02/18/2025 11:32:49 AM JMB137
	421	+	or entity to sell, offer, or possess in this state, or import for personal 1
	422	+	consumption in this state, a vapor product or an e -liquid product that the 2
	423	+	person or entity knows is not included in the directory maintained by the 3
	424	+	director under this subchapter. 4
	425	+	(6) A person or entity is deemed to have received notice that a 5
	426	+	manufacturer is not included in the directory maintained by Arkansas Tobacco 6
	427	+	Control at the time Arkansas Tobacco Control’s website fails to list any 7
	428	+	manufacturer in the directory or at the time the director removes the 8
	429	+	manufacturer from the directory. 9
	430	+	(7) If a vapor product or e -liquid product or a manufacturer of 10
	431	+	a vapor product or e -liquid product is removed from the directory established 11
	432	+	and maintained by the director under § 20 -65-202, each wholesaler shall have 12
	433	+	sixty (60) days from the date the vapor product or e -liquid product is 13
	434	+	removed from the directory to remove any vapor product or e -liquid product 14
	435	+	from the wholesaler’s inventory and physical location where the wholesaler 15
	436	+	takes orders for, receives orders for, or sells the vapor product or e -liquid 16
	437	+	product. 17
	438	+	(8) If a vapor product or e -liquid product or a manufacturer of 18
	439	+	a vapor product or e -liquid product is removed from the directory established 19
	440	+	and maintained by the director under § 20 -65-202, each retailer shall have 20
	441	+	one hundred twenty (120) days from the date any vapor product or e -liquid 21
	442	+	product is removed from the directory to sell or remove the vapor product or 22
	443	+	e-liquid product from the retailer’s inventory and permitted location. 23
	444	+	(c)(1) In addition to the other fines and forfeitures, a person who 24
	445	+	violates this section may be subject to a penalty for vapor products or e -25
	446	+	liquid products held, sold, or offered for sale and confiscated by Arkansas 26
	447	+	Tobacco Control in the amount of: 27
	448	+	(A) Twenty-five dollars ($25.00) for each individual vapor 28
	449	+	product or e-liquid product up to twenty (20) individual vapor products or e -29
	450	+	liquid products; and 30
	451	+	(B) Fifty dollars ($50.00) for each individual vapor 31
	452	+	product or e-liquid product in excess of twenty (20) individual vapor 32
	453	+	products or e-liquid products. 33
	454	+	(2) The penalty under subdivision (c)(1) of this section shall 34
	455	+	be held to be in the nature of a civil penalty and may be collected by civil 35
	456	+	or administrative action and may be levied by the Arkansas Tobacco Control 36 SB252
	457	+
	458	+	13 02/18/2025 11:32:49 AM JMB137
	459	+	Board or any circuit court having jurisdiction in this state. 1
	460	+	(3) A penalty assessed under this subsection shall be deposited 2
	461	+	into the Arkansas Tobacco Control Revenue Fund established under § 19 -6-831. 3
	462	+	4
	463	+	20-65-205. Enforcement. 5
	464	+	(a)(1)(A) A nonresident manufacturer that is not registered to do 6
	465	+	business in the state, as a condition precedent to having its name or its 7
	466	+	vapor products or e-liquid products listed and retained in the directory 8
	467	+	created under this subchapter, shall appoint and continually engage without 9
	468	+	interruption a registered agent in this state for service of process on whom 10
	469	+	all process and any action or proceeding arising out of the enforcement of 11
	470	+	this section may be served. 12
	471	+	(B) The manufacturer shall provide to the Director of 13
	472	+	Arkansas Tobacco Control the name, address, and telephone number of its agent 14
	473	+	for service of process and shall provide any other information relating to 15
	474	+	its agent as may be requested by the director. 16
	475	+	(2)(A) A manufacturer that is located outside of the United 17
	476	+	States, as an additional condition precedent to having its vapor products or 18
	477	+	e-liquid products listed or retained in the directory, shall cause each of 19
	478	+	its importers of any of its vapor products or e -liquid products to be sold in 20
	479	+	this state to appoint, and continually engage without interruption, an agent 21
	480	+	in this state in accordance with the provisions of this section. 22
	481	+	(B) All obligations of a manufacturer imposed by this 23
	482	+	section with respect to appointment of its agent shall also apply to 24
	483	+	importers with respect to appointment of their agents; and 25
	484	+	(3)(A) A manufacturer shall provide written notice to the 26
	485	+	director thirty (30) days before the termination of the authority of an agent 27
	486	+	appointed under subdivisions (a)(1) and (a)(2) of this section. 28
	487	+	(B) No less than five (5) days before the termination of 29
	488	+	an existing agent appointment, a manufacturer shall provide to the director 30
	489	+	the name, address, and telephone number of its newly appointed agent for 31
	490	+	service of process and shall provide any other information relating to the 32
	491	+	new appointment as may be requested by the director. 33
	492	+	(C) In the event an agent terminates an agency 34
	493	+	appointment, the manufacturer shall notify the director of the termination 35
	494	+	within five (5) days of the termination and shall include proof to the 36 SB252
	495	+
	496	+	14 02/18/2025 11:32:49 AM JMB137
	497	+	satisfaction of the director of the appointment of a new agent. 1
	498	+	(b)(1) Each retailer and wholesaler that sells or distributes vapor 2
	499	+	products or e-liquid products in this state may be subject to unannounced 3
	500	+	compliance checks or inspections for purposes of enforcing this subchapter. 4
	501	+	(2) Unannounced follow -up compliance checks or inspections of 5
	502	+	all noncompliant retailers and wholesalers shall be conducted within ninety 6
	503	+	(90) days after any violation of this subchapter. 7
	504	+	(3) The director shall publish the results of all compliance 8
	505	+	checks or inspections at least annually and shall make the results available 9
	506	+	to the public on request. 10
	507	+	(c) The director may promulgate rules necessary to effect the purposes 11
	508	+	of this subchapter. 12
	509	+	13
	510	+	SECTION 6. Arkansas Code § 26 -57-203(4), concerning the definition of 14
	511	+	"child-resistant packaging" within the Arkansas Tobacco Products Tax Act of 15
	512	+	1977, is repealed to be codified in a location more suitable to the subject 16
	513	+	matter. 17
	514	+	(4)(A) “Child-resistant packaging” means packaging that is 18
	515	+	designed or constructed to be: 19
	516	+	(i) Significantly difficult for children under five 20
	517	+	(5) years of age to: 21
	518	+	(a) Open; or 22
	519	+	(b) Obtain a toxic or harmful amount of the 23
	520	+	substance contained therein within a reasonable time; and 24
	521	+	(ii) Not difficult for an average adult to use 25
	522	+	properly. 26
	523	+	(B) “Child-resistant packaging” does not mean packaging 27
	524	+	that children cannot open or obtain a toxic or harmful amount within a 28
	525	+	reasonable time when tested in accordance with the method described in 16 29
	526	+	C.F.R. § 1700.20, as it existed on January 1, 2015; 30
75	527		31
76		-	~~20-65-101~~. ~~Definitions.~~ 32
77		-	~~As used~~ in ~~this chapter~~, ~~unless otherwise specified:~~ 33
78		-	~~(1)(A) “Alternative~~ ~~nicotine product”~~ ~~means a product that~~ 34
79		-	~~consists of or contains nicotine from any source that can be ingested into~~ 35
80		-	the ~~body by chewing,~~ ~~smoking, absorbing,~~ ~~dissolving, inhaling,~~ ~~snorting,~~ 36 ~~As Engrossed: S2/25/25 S3/17/25~~ SB252
	528	+	SECTION 7. Arkansas Code 26 -57-247(b), effective until the contingency 32
	529	+	in Acts 2023, No. 629, § 17, is met, concerning seizure, forfeiture, and 33
	530	+	disposition of tobacco products and other property, is amended to read as 34
	531	+	follows: 35
	532	+	(b) The Director of Arkansas Tobacco Control may seize and hold for 36 SB252
81	533
82		-	3 03-17-2025 14:55:13 JMB137
	534	+	15 02/18/2025 11:32:49 AM JMB137
	535	+	disposition of the courts or the Arkansas Tobacco Control Board all tobacco 1
	536	+	products, vapor products, alternative nicotine products, or e -liquid products 2
	537	+	found in the possession of a person dealing in, or a consumer of, tobacco 3
	538	+	products, vapor products, alternative nicotine products, or e -liquid products 4
	539	+	if: 5
	540	+	(1) Prima facie evidence exists that the full amount of excise 6
	541	+	tax due on the tobacco products has not been paid to the Secretary of the 7
	542	+	Department of Finance and Administration; 8
	543	+	(2) Tobacco products, vapor products, alternative nicotine 9
	544	+	products, or e-liquid products are in the possession of a wholesaler who does 10
	545	+	not possess a current Arkansas wholesale permit; 11
	546	+	(3) A retail establishment does not possess a current Arkansas 12
	547	+	retail permit; or 13
	548	+	(4) The tobacco products, vapor products, alternative nicotine 14
	549	+	products, or e-liquid products have been offered for sale to the public at 15
	550	+	another location without a current Arkansas retail permit .; or 16
	551	+	(5) Tobacco products, vapor products, alternative nicotine 17
	552	+	products, or e-liquid products are possessed, sold, or offered for sale in 18
	553	+	violation of § 20-65-101 et seq. 19
	554	+	20
	555	+	SECTION 8. Arkansas Code 26 -57-247(b), effective when the contingency 21
	556	+	in Acts 2023, No. 629, § 17, is met, concerning seizure, forfeiture, and 22
	557	+	disposition of tobacco products and other property, is amended to read as 23
	558	+	follows: 24
	559	+	(b) The Director of Arkansas Tobacco Control may seize and hold for 25
	560	+	disposition of the courts or the Arkansas Tobacco Control Board all tobacco 26
	561	+	products, vapor products, alternative nicotine products, e -liquid products, 27
	562	+	or hemp-derived products found in the possession of a person dealing in, or a 28
	563	+	consumer of, tobacco products, vapor products, alternative nicotine products, 29
	564	+	e-liquid products, or hemp -derived products if: 30
	565	+	(1) Prima facie evidence exists that the full amount of excise 31
	566	+	tax due on the tobacco products has not been paid to the Secretary of the 32
	567	+	Department of Finance and Administration; 33
	568	+	(2) Tobacco products, vapor products, alternative nicotine 34
	569	+	products, or e-liquid products are in the possession of a wholesaler who does 35
	570	+	not possess a current Arkansas wholesale permit; 36 SB252
83	571
	572	+	16 02/18/2025 11:32:49 AM JMB137
	573	+	(3) A retail establishment does not possess a current Arkansas 1
	574	+	retail permit; 2
	575	+	(4) The tobacco products, vapor products, alternative nicotine 3
	576	+	products, or e-liquid products have been offered for sale to the public at 4
	577	+	another location without a current Arkansas retail permit; or 5
	578	+	(5) Hemp-derived products are possessed, sold, or offered for 6
	579	+	sale in violation of § 20 -56-401 et seq.; or 7
	580	+	(6) Tobacco products, vapor products, alternative nicotine 8
	581	+	products, or e-liquid products are possessed, sold, or offered for sale in 9
	582	+	violation of § 20-65-101 et seq. 10
	583	+	11
	584	+	SECTION 9. Arkansas Code § 26 -57-254 is repealed to be codified in a 12
	585	+	location more suitable to the subject matter. 13
	586	+	26-57-254. Safety inspections on permitted products — Restrictions on 14
	587	+	use of e-liquid products and alternative nicotine products — Definitions. 15
	588	+	(a) In order to assure that the citizens of this state receive only 16
	589	+	tobacco products, vapor products, alternative nicotine products, or e -liquid 17
	590	+	products that are fresh and not contaminated, and to ensure the safety of 18
	591	+	Arkansas youth, the Director of Arkansas Tobacco Control is authorized under 19
	592	+	this subchapter to: 20
	593	+	(1) Inspect or cause to be inspected any tobacco product, vapor 21
	594	+	product, alternative nicotine product, or e -liquid container in places of 22
	595	+	storage or distribution authorized under this subchapter; and 23
	596	+	(2) Require any tobacco products, vapor products, alternative 24
	597	+	nicotine products, or e -liquid containers found to be contaminated, damaged, 25
	598	+	or not fresh be removed from stock and be either returned to the proper 26
	599	+	wholesaler or manufacturer for disposal according to law or delivered to the 27
	600	+	Director of Arkansas Tobacco Control for destruction or disposal. 28
	601	+	(b)(1) It is a violation for any person to use a tobacco product, 29
	602	+	vapor product, alternative nicotine product, or e -liquid product in or on the 30
	603	+	grounds of any school, childcare facility, or healthcare facility. 31
	604	+	(2) As used in subdivision (b)(1) of this section: 32
	605	+	(A) “Childcare facility” means the same as provided in § 33
	606	+	20-78-202(2); 34
	607	+	(B) “Healthcare facility” means the same as provided in § 35
	608	+	20-27-1803(6); and 36 SB252
84	609
85		-	sniffing, or by any other means. 1
86		-	(B) “Alternative nicotine product” does not include a: 2
87		-	(i) Tobacco product; 3
88		-	(ii) Vapor product; 4
89		-	(iii) Product that is a drug under 21 U.S.C. § 5
90		-	321(g)(1); 6
91		-	(iv) Product that is a device under 21 U.S.C. § 7
92		-	321(h); or 8
93		-	(v) Product that constitutes a combination drug, 9
94		-	device, or biological product as described in 21 U.S.C. § 353(g); 10
95		-	(2) “Annual” or “annually” means the fiscal year from July 1 11
96		-	through the following June 30; 12
97		-	(3) “Brand family” means all styles of vapor products, 13
98		-	alternative nicotine products, and e -liquid products sold under the same 14
99		-	trademark and differentiated from another style by means of additional 15
100		-	modifiers or descriptors, and includes any brand name alone or in conjunction 16
101		-	with any other word, trademark, logo, symbol, motto, selling message, 17
102		-	recognizable pattern of colors, or any other indicia of product 18
103		-	identification identical to, similar to, or identifiable with a previously 19
104		-	known brand of vapor products, alternative nicotine product, or e -liquid 20
105		-	products; 21
106		-	(4) “Childcare facility” means the same as provided in § 20 -78-22
107		-	202; 23
108		-	(5) “Child-resistant packaging” means packaging that is designed 24
109		-	or constructed to be compliant with the Federal Child Nicotine Poisoning 25
110		-	Prevention Act, Pub. L. No. 114 -116, 15 U.S.C. § 1472a; 26
111		-	(6) “Consumer” means a member of the public at large; 27
112		-	(7) “E-liquid” and “e-liquid product” means a liquid product, 28
113		-	which may or may not contain nicotine, that is inhaled when using a vapor 29
114		-	product and that may or may not include without limitation propylene glycol, 30
115		-	vegetable glycerin, nicotine from any source, and flavorings; 31
116		-	(8)(A) “E-liquid container” means a bottle or other container of 32
117		-	e-liquid that is sold or provided for mixing at retail and is marketed or 33
118		-	intended for use in a vapor product. 34
119		-	(B) "E-liquid container" does not include e -liquid 35
120		-	contained in a cartridge that is sold, marketed, or intended for use in a 36 As Engrossed: S2/25/25 S3/17/25 SB252
	610	+	17 02/18/2025 11:32:49 AM JMB137
	611	+	(C) “School” means: 1
	612	+	(i) Any buildings, parking lots, playing fields, 2
	613	+	playgrounds, school buses, or other school vehicles; or 3
	614	+	(ii) Any off-campus school-sponsored or school-4
	615	+	sanctioned events with respect to any public, charter, or private school 5
	616	+	where children attend classes in kindergarten programs or grades one through 6
	617	+	twelve (1-12). 7
	618	+	(c) On and after July 22, 2015, all alternative nicotine products and 8
	619	+	e-liquid containers containing nicotine sold at retail in this state shall 9
	620	+	satisfy the child-resistant packaging effectiveness standards described in § 10
	621	+	26-57-203 when tested in accordance with the method described by 16 C.F.R. § 11
	622	+	1700.20, as it existed on January 1, 2015. 12
	623	+	(d) As used in this section, “e -liquid container” means a bottle or 13
	624	+	other container of e -liquid that is sold or provided for mixing at retail and 14
	625	+	is marketed or intended for use in a vapor product, but does not include e -15
	626	+	liquid contained in a cartridge that is sold, marketed, or intended for use 16
	627	+	in a vapor product if the cartridge is prefilled and sealed by the 17
	628	+	manufacturer and is not intended to be opened by the consumer. 18
	629	+	19
	630	+	SECTION 10. Arkansas Code 26 -57-255(g)(3)(A)-(C), effective until the 20
	631	+	contingency in Acts 2023, No. 629, § 17, is met, concerning the creation of 21
	632	+	the Arkansas Tobacco Control Board, are amended to read as follows: 22
	633	+	(3)(A) Conduct public hearings when appropriate regarding a 23
	634	+	permit authorized under this subchapter or in violation of this subchapter, 24
	635	+	the Unfair Cigarette Sales Act, § 4 -75-701 et seq., § 5-27-227, § 20-65-101 25
	636	+	et seq., or any other federal, state, or local statute, ordinance, rule, or 26
	637	+	regulation concerning the sale of tobacco products, vapor products, 27
	638	+	alternative nicotine products, or e -liquid products to minors or the rules 28
	639	+	promulgated by Arkansas Tobacco Control. 29
	640	+	(B) After notice and hearing held in accordance with the 30
	641	+	Arkansas Administrative Procedure Act, § 25 -15-201 et seq., if the board 31
	642	+	finds a violation of this subchapter, the Unfair Cigarette Sales Act, § 4 -75-32
	643	+	701 et seq., § 20-65-101 et seq., or the rules promulgated by Arkansas 33
	644	+	Tobacco Control, the board may suspend or revoke any or all permits issued by 34
	645	+	the director to any person. 35
	646	+	(C)(i) The board may levy a civil penalty in an amount not 36 SB252
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	648	+	18 02/18/2025 11:32:49 AM JMB137
	649	+	to exceed five thousand dollars ($5,000) for each violation against a person 1
	650	+	found to be in violation of this subchapter, the Unfair Cigarette Sales Act, 2
	651	+	§ 4-75-701 et seq., § 20-65-101 et seq., or the rules promulgated by Arkansas 3
	652	+	Tobacco Control. 4
	653	+	(ii) The board shall levy a civil penalty in 5
	654	+	accordance with the guidelines set out in § 20 -65-204 for a violation of § 6
	655	+	20-65-204. 7
	656	+	8
	657	+	SECTION 11. Arkansas Code 26 -57-255(g)(3)(A)-(C), effective when the 9
	658	+	contingency in Acts 2023, No. 629, § 17, is met, concerning the creation of 10
	659	+	the Arkansas Tobacco Control Board, are amended to read as follows: 11
	660	+	(3)(A) Conduct public hearings when appropriate regarding a 12
	661	+	permit authorized under this subchapter or in violation of this subchapter, 13
	662	+	the Unfair Cigarette Sales Act, § 4 -75-701 et seq., § 5-27-227, § 20-56-401 14
	663	+	et seq., § 20-65-101 et seq., or any other federal, state, or local statute, 15
	664	+	ordinance, rule, or regulation concerning the sale of tobacco products, vapor 16
	665	+	products, alternative nicotine products, e -liquid products, or hemp -derived 17
	666	+	products to minors or the rules promulgated by Arkansas Tobacco Control. 18
	667	+	(B) After notice and hearing held in accordance with the 19
	668	+	Arkansas Administrative Procedure Act, § 25 -15-201 et seq., if the board 20
	669	+	finds a violation of this subchapter, the Unfair Cigarette Sales Act, § 4 -75-21
	670	+	701 et seq., § 20-56-401 et seq., § 20-65-101 et seq., or the rules 22
	671	+	promulgated by Arkansas Tobacco Control, the board may suspend or revoke any 23
	672	+	or all permits issued by the director to any person. 24
	673	+	(C)(i) The board may levy a civil penalty in an amount not 25
	674	+	to exceed five thousand dollars ($5,000) for each violation against a person 26
	675	+	found to be in violation of this subchapter, the Unfair Cigarette Sales Act, 27
	676	+	§ 4-75-701 et seq., § 20-56-401 et seq., § 20-65-101 et seq., or the rules 28
	677	+	promulgated by Arkansas Tobacco Control. 29
	678	+	(ii) The board shall levy a civil penalty in 30
	679	+	accordance with the guidelines set out in § 20 -65-204 for a violation of § 31
	680	+	20-65-204. 32
	681	+	33
	682	+	SECTION 12. Arkansas Code 26 -57-256(a), effective until the 34
	683	+	contingency in Acts 2023, No. 629, § 17, is met, concerning the powers of 35
	684	+	Arkansas Tobacco Control, is amended to add an additional subdivision to read 36 SB252
123	685
124		-
125		-	vapor product if the cartridge is prefilled and sealed by the manufacturer 1
126		-	and is not intended to be opened by the consumer; 2
127		-	(9) “Healthcare facility” means the same as in § 20 -27-1803; 3
128		-	(10)(A) “Manufacturer” means a person that manufactures, 4
129		-	fabricates, assembles, or processes a tobacco product or manufactures or 5
130		-	fabricates a vapor product, alternative nicotine product, or e -liquid 6
131		-	product, including without limitation a federally licensed importer and a 7
132		-	federally licensed distributor that deals in tobacco products, vapor 8
133		-	products, alternative nicotine products, or e -liquid products. 9
134		-	(B) “Manufacturer” includes a sales entity affiliate of 10
135		-	the manufacturer or any other entity representing the manufacturer with 11
136		-	regard to the sale of tobacco products, vapor products, alternative nicotine 12
137		-	products, or e-liquid products produced by the manufacturer to wholesalers or 13
138		-	permitted retailers. 14
139		-	(C) “Manufacturer” specifically includes a person that 15
140		-	mixes, compounds, repackages, or resizes e -liquid products or vapor products; 16
141		-	(11) “School” means: 17
142		-	(A) Any buildings, parking lots, playing fields, 18
143		-	playgrounds, school buses, or other school vehicles; or 19
144		-	(B) Any off-campus school-sponsored or school-sanctioned 20
145		-	events with respect to any public school, open -enrollment public charter 21
146		-	school, or private school where children attend classes in kindergarten 22
147		-	through grade twelve (K -12); 23
148		-	(12) “Tobacco products” means all products containing tobacco 24
149		-	for consumption, including without limitation cigarettes, cigars, little 25
150		-	cigars, cigarillos, chewing tobacco, smokeless tobacco, snuff, smoking 26
151		-	tobacco, including pipe tobacco, and smoking tobacco substitutes; and 27
152		-	(13) “Vapor product” means an electronic oral device of any size 28
153		-	or shape that contains a vapor of nicotine, e -liquid, or any other substance 29
154		-	that when used or inhaled simulates smoking, regardless of whether a visible 30
155		-	vapor is produced, including without limitation a device that: 31
156		-	(A) Is composed of a heating element, battery, electronic 32
157		-	circuit, chemical process, mechanical device, or a combination of heating 33
158		-	element, battery, electronic circuit, chemical process, or mechanical device; 34
159		-	(B) Works in combination with a cartridge, other 35
160		-	container, or liquid delivery device containing nicotine, e -liquid, or any 36 As Engrossed: S2/25/25 S3/17/25 SB252
161		-
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163		-
164		-
165		-	other substance and manufactured for use with vapor products; 1
166		-	(C) Is manufactured, distributed, marketed, or sold as any 2
167		-	type or derivation of a vapor product, e -cigarette, e-cigar, e-pipe, or any 3
168		-	other product name or descriptor; and 4
169		-	(D) Does not include a product regulated as a drug or 5
170		-	device by the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., 6
171		-	as it existed on January 1, 2015. 7
172		-	8
173		-	20-65-102. Safety inspections — Child-resistant packaging. 9
174		-	(a) To ensure that the citizens of this state receive only tobacco 10
175		-	products, vapor products, alternative nicotine products, or e -liquid products 11
176		-	that are fresh, uncontaminated, unadulterated, and otherwise free of 12
177		-	substances that might cause harm to public health and safety, and to ensure 13
178		-	the safety of Arkansas youth, the Director of Arkansas Tobacco Control may: 14
179		-	(1) Inspect or cause to be inspected any tobacco products, vapor 15
180		-	product, alternative nicotine product, or e -liquid container in places of 16
181		-	storage or distribution authorized under state law; 17
182		-	(2) In addition to any authorization or remedy under law, 18
183		-	require any tobacco products, vapor products, alternative nicotine products, 19
184		-	or e-liquid containers found to be contaminated, adulterated, damaged, or not 20
185		-	fresh be removed from stock and be either returned to the proper wholesaler 21
186		-	or manufacturer for disposal according to law or delivered to the director 22
187		-	for destruction or disposal; 23
188		-	(3) Prescribe any form, application, certificate, or other 24
189		-	documentation or record to be used in the administration and enforcement of 25
190		-	this chapter; and 26
191		-	(4) Promulgate rules necessary to implement and effectuate the 27
192		-	purposes of this chapter. 28
193		-	(b) All alternative nicotine products and e -liquids sold at retail in 29
194		-	this state shall be sold in child -resistant packaging. 30
195		-	31
196		-	20-65-103. Prohibition on use in certain settings. 32
197		-	It is a violation of this chapter for any person to use a tobacco 33
198		-	product, vapor product, alternative nicotine product, or e -liquid product in 34
199		-	or on the grounds of any school, childcare facility, or healthcare facility. 35
200		-	36 As Engrossed: S2/25/25 S3/17/25 SB252
201		-
202		-	6 03-17-2025 14:55:13 JMB137
203		-
204		-
205		-	20-65-104. Advertising prohibitions for vapor product, alternative 1
206		-	nicotine product, e-liquid product, or e -liquid container. 2
207		-	A person may not advertise, market, or offer for sale in this state any 3
208		-	tobacco products, vapor products, alternative nicotine products, e -liquid 4
209		-	products, or e-liquid containers by using, in the labeling or design of the 5
210		-	product, its packaging, or its advertising or marketing materials, trade 6
211		-	dress, trademarks, branding, or other related imagery that: 7
212		-	(1) Imitates or replicates those of food brands or other related 8
213		-	products that are commonly marketed to children or minors, including without 9
214		-	limitation breakfast cereals, cookies, juice drinks, soft drinks, frozen 10
215		-	drinks, ice creams, sorbets, sherbets, and frozen pops; 11
216		-	(2) Depicts or signifies characters or symbols that are known to 12
217		-	a reasonable person to appeal primarily to or are commonly associated with 13
218		-	children or minors, including without limitation superheroes, cartoons or 14
219		-	cartoon characters, anime characters, comic book characters, video game 15
220		-	characters, television show characters, movie characters, mythical creatures, 16
221		-	or unicorns, or that otherwise incorporates related imagery or scenery; or 17
222		-	(3) Uses the terms “candy”, “candies”, "cake", "cakes", “pies”, 18
223		-	or “cupcakes” or any variant of these terms when that variant term is used in 19
224		-	a manner to market to children or minors or known to a reasonable person to 20
225		-	appeal primarily to children or minors, or any other term referencing a type 21
226		-	or brand of candy, cakes, pastries, or pies, including types or brands of 22
227		-	candies, cakes, pastries, or pies that do not include the words “candy”, 23
228		-	“candies”, “cake”, “cakes”, “pies”, or “cupcakes” in their names, labels, or 24
229		-	slogans. 25
230		-	26
231		-	20-65-105. Contaminated or adulterated tobacco products, vapor 27
232		-	products, alternative nicotine products, or e -liquid products. 28
233		-	(a) It is a violation of this chapter for any person to offer for sale 29
234		-	in this state or sell to persons located in this state any contaminated or 30
235		-	adulterated tobacco products, vapor product, alternative nicotine product, or 31
236		-	e-liquid product. 32
237		-	(b) A tobacco product, vapor product, alternative nicotine product, or 33
238		-	e-liquid product in this state is contaminated or adulterated if the product: 34
239		-	(1) Consists in whole or in part of any filthy, putrid, or 35
240		-	decomposed substance; 36 As Engrossed: S2/25/25 S3/17/25 SB252
241		-
242		-	7 03-17-2025 14:55:13 JMB137
243		-
244		-
245		-	(2) Contains any added poisonous or deleterious substance that 1
246		-	may render the product injurious to public health; or 2
247		-	(3) Does not have an approved certification as required in § 20 -3
248		-	65-202. 4
249		-	5
250		-	Subchapter 2 — Manufacturer Directory for Vapor Products and E -liquid 6
251		-	Products 7
252		-	8
253		-	20-65-201. Definitions. 9
254		-	As used in this subchapter: 10
255		-	(1)(A) “E-liquid” and “e-liquid product” means a liquid product 11
256		-	containing nicotine from any source that is inhaled when using a vapor 12
257		-	product, and that may or may not include without limitation propylene glycol, 13
258		-	vegetable glycerin, and flavorings. 14
259		-	(B) "E-liquid" and "e-liquid product" does not include a 15
260		-	product that is a nicotine solution sold in a container without a battery or 16
261		-	atomizer and that is intended to be refillable or that otherwise makes the 17
262		-	nicotine solution accessible to the consumer through customary or reasonably 18
263		-	foreseeable handling or use; and 19
264		-	(2)(A) “Vapor product” means an electronic oral device of any 20
265		-	size or shape that contains a vapor of nicotine or e -liquid that when used or 21
266		-	inhaled simulates smoking, regardless of whether a visible vapor is produced, 22
267		-	including without limitation a device that: 23
268		-	(i) Is composed of a heating element, battery, electronic 24
269		-	circuit, chemical process, mechanical device, or a combination of heating 25
270		-	element, battery, electronic circuit, chemical process, or mechanical device; 26
271		-	(ii) Works in combination with a cartridge, other 27
272		-	container, or liquid delivery device containing nicotine from any source or 28
273		-	e-liquid and manufactured for use with vapor products; and 29
274		-	(iii) Is manufactured, distributed, marketed, or sold as 30
275		-	any type or derivation of a vapor product, e -cigarette containing nicotine 31
276		-	from any source, e-cigar containing nicotine from any source, e -pipe 32
277		-	containing nicotine from any source, or any other vapor product name or 33
278		-	descriptor. 34
279		-	(B) "Vapor product" does not include: 35
280		-	(i) A device that: 36 As Engrossed: S2/25/25 S3/17/25 SB252
281		-
282		-	8 03-17-2025 14:55:13 JMB137
283		-
284		-
285		-	(a) Uses removable batteries; 1
286		-	(b) Is sold without e -liquid; and 2
287		-	(c) Is designed to utilized e -liquid in a 3
288		-	refillable container; or 4
289		-	(ii) A product regulated as a drug or device by the 5
290		-	Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., as it existed 6
291		-	on January 1, 2015. 7
292		-	8
293		-	20-65-202. Establishment. 9
294		-	(a) The Director of Arkansas Tobacco Control shall develop and 10
295		-	maintain a directory listing all manufacturers that have provided 11
296		-	certifications that comply with this subchapter and each vapor product and e -12
297		-	liquid product that is listed in those certifications. 13
298		-	(b) The director shall: 14
299		-	(1) Make the directory available for public inspection on 15
300		-	Arkansas Tobacco Control's website by November 1, 2025; and 16
301		-	(2) Update the directory to correct mistakes and add or remove 17
302		-	manufacturers of a vapor product or e-liquid product consistent with the 18
303		-	requirements of this section on a monthly basis. 19
304		-	(c) A person or entity is deemed to have received notice as required 20
305		-	under subsection (d) of this section that a vapor product or e -liquid product 21
306		-	of a manufacturer is not included in the directory maintained by Arkansas 22
307		-	Tobacco Control under this section at the time Arkansas Tobacco Control’s 23
308		-	website fails to list any vapor product or e -liquid product in the directory 24
309		-	or at the time the director removes the vapor product or e -liquid product 25
310		-	from the directory. 26
311		-	(d)(1)(A) The director may not remove the manufacturer or its vapor 27
312		-	product or e-liquid product from the directory until at least fifteen (15) 28
313		-	days after the manufacturer has been given notice of an intended action. 29
314		-	(B) Notice shall be sufficient and be deemed immediately 30
315		-	received by a manufacturer if the notice is sent either electronically or by 31
316		-	facsimile to an email address or facsimile number, as the case may be, 32
317		-	provided by the manufacturer in the manufacturer’s most recent certification 33
318		-	filed under this subchapter. 34
319		-	(2) The vapor product or e -liquid product manufacturer shall 35
320		-	have fifteen (15) days from the date of service of the notice of the 36 As Engrossed: S2/25/25 S3/17/25 SB252
321		-
322		-	9 03-17-2025 14:55:13 JMB137
323		-
324		-
325		-	director’s intended action to establish that the vapor product or e -liquid 1
326		-	product manufacturer or its vapor product or e -liquid product should be 2
327		-	included in the directory. 3
328		-	(3) If after fifteen (15) days from the date of service of the 4
329		-	notice of the director’s intended action the manufacturer of the vapor 5
330		-	product or e-liquid products remains in noncompliance, and the manufacturer 6
331		-	has not requested a hearing before the Arkansas Tobacco Control Board within 7
332		-	fifteen (15) days of notice of the director’s intended action, the 8
333		-	manufacturer and its vapor product or e -liquid product shall be removed from 9
334		-	the directory. 10
335		-	(4) Every manufacturer shall provide and update as necessary an 11
336		-	email address to the director for the purpose of receiving any notifications 12
337		-	required by this subchapter. 13
338		-	(e)(1) Beginning September 1, 2025, a vapor product or e -liquid 14
339		-	product shall not be offered for sale in this state or sold to a person 15
340		-	located in this state unless the manufacturer certifies before that date, on 16
341		-	a form prescribed by the director, under penalty of perjury, that: 17
342		-	(A) The vapor product or e -liquid product was on the 18
343		-	market in the United States as of August 8, 2016, and the manufacturer has 19
344		-	applied for a marketing order under 21 U.S.C. § 387j for the vapor product or 20
345		-	e-liquid product, whichever is applicable, by submitting a premarket tobacco 21
346		-	product application on or before September 9, 2020, and either: 22
347		-	(i) The premarket tobacco application for the vapor 23
348		-	product, alternative nicotine product, or e -liquid product remains under 24
349		-	review by the United States Food and Drug Administration; or 25
350		-	(ii) The United States Food and Drug Administration 26
351		-	has issued a marketing denial order for the vapor product or e -liquid 27
352		-	product, whichever is applicable, but the United States Food and Drug 28
353		-	Administration or a federal court has issued a stay order or injunction 29
354		-	during the pendency of the manufacturer's appeal of the marketing denial 30
355		-	order; 31
356		-	(B) The manufacturer has received a marketing granted 32
357		-	order under 21 U.S.C. § 387j for the vapor product or e -liquid product from 33
358		-	the United States Food and Drug Administration; or 34
359		-	(C) The manufacturer is not required to submit an 35
360		-	additional marketing granted order or premarket tobacco product application 36 As Engrossed: S2/25/25 S3/17/25 SB252
361		-
362		-	10 03-17-2025 14:55:13 JMB137
363		-
364		-
365		-	for the vapor product or e -liquid product because the vapor product or e -1
366		-	liquid product merely reflects changes to the name, brand family, or 2
367		-	packaging of a vapor product or e -liquid product that is covered under 3
368		-	subdivision (e)(1)(A) or (e)(1)(B) of this section. 4
369		-	(2) In addition to the requirements in subdivision (e)(1) of 5
370		-	this section, each manufacturer shall provide to Arkansas Tobacco Control a 6
371		-	copy of the cover page of the: 7
372		-	(A) Premarket tobacco application with evidence of receipt 8
373		-	of the application by the United States Food and Drug Administration; 9
374		-	(B) Document issued by the United States Food and Drug 10
375		-	Administration or by a court confirming that the premarket tobacco product 11
376		-	application has received a marketing denial order that has been and remains 12
377		-	stayed by the United States Food and Drug Administration or court order, 13
378		-	rescinded by the United States Food and Drug Administration, or vacated by a 14
379		-	court; or 15
380		-	(C) Marketing granted order issued under 21 U.S.C. § 387j. 16
381		-	(3)(A) The information submitted by the manufacturer under 17
382		-	subdivision (e)(2) of this section shall be considered confidential 18
383		-	commercial or financial information for purposes of the Freedom of 19
384		-	Information Act of 1967, § 25 -19-101 et seq. 20
385		-	(B) The manufacturer may redact certain confidential 21
386		-	commercial or financial information provided under subdivision (e)(2) of this 22
387		-	section. 23
388		-	(C) The director shall not disclose confidential 24
389		-	commercial or financial information except as required or authorized by law. 25
390		-	26
391		-	20-65-203. Material change to certification. 27
392		-	A manufacturer shall notify the Director of Arkansas Tobacco Control 28
393		-	within thirty (30) days of any material change to the information provided in 29
394		-	§ 20-65-202, including issuance by the United States Food and Drug 30
395		-	Administration of: 31
396		-	(1) A marketing granted order issued under 21 U.S.C. § 387j; 32
397		-	(2) An order requiring a manufacturer to remove a vapor product 33
398		-	or e-liquid product from the market either temporarily or permanently; 34
399		-	(3) Any notice of action taken by the United States Food and 35
400		-	Drug Administration affecting the ability of the new vapor product or e -36 As Engrossed: S2/25/25 S3/17/25 SB252
401		-
402		-	11 03-17-2025 14:55:13 JMB137
403		-
404		-
405		-	liquid product to be introduced or delivered into interstate commerce for 1
406		-	commercial distribution; or 2
407		-	(4) Any change in policy that results in a vapor product or e -3
408		-	liquid product no longer being exempt from oversight of the United States 4
409		-	Food and Drug Administration. 5
410		-	6
411		-	20-65-204. Fees — Violations. 7
412		-	(a)(1) Each certifying manufacturer shall pay an initial fee of five 8
413		-	hundred dollars ($500) for each brand family of vapor products or e -liquid 9
414		-	products to offset the costs incurred by Arkansas Tobacco Control for 10
415		-	processing the certifications and operating the directory under § 20 -65-202. 11
416		-	(2) The Director of Arkansas Tobacco Control shall collect an 12
417		-	annual fee of two hundred fifty dollars ($250) for each brand family of vapor 13
418		-	products or e-liquid products to offset the costs associated with maintaining 14
419		-	the directory and satisfying the requirements of this subchapter. 15
420		-	(3) Any certification fees collected under this section shall be 16
421		-	deposited into the Arkansas Tobacco Control Revenue Fund established under § 17
422		-	19-6-831. 18
423		-	(b)(1) If a manufacturer can demonstrate to the director that the 19
424		-	United States Food and Drug Administration has issued a rule, guidance, or 20
425		-	any other formal statement that temporarily exempts a vapor product or e -21
426		-	liquid product from the federal premarket tobacco application requirements, 22
427		-	the vapor product or e -liquid product may be added to the directory upon 23
428		-	request by the manufacturer if the manufacturer provides sufficient evidence 24
429		-	that the vapor product or e -liquid product is compliant with the federal 25
430		-	rule, guidance, or other formal statement, as applicable. 26
431		-	(2) On and after November 1, 2025, or on the date that Arkansas 27
432		-	Tobacco Control first makes the directory available for public inspection on 28
433		-	its website as provided in § 20 -65-202, whichever is later, a manufacturer 29
434		-	who offers for sale a vapor product or e -liquid product that is not listed on 30
435		-	the directory is subject to a civil penalty of one thousand dollars ($1,000) 31
436		-	for each vapor product or e -liquid product offered for sale in violation of § 32
437		-	20-65-202 until the vapor product or e -liquid product is removed from the 33
438		-	market or properly listed on the directory. 34
439		-	(3) In addition to any penalty prescribed by law, a corporation, 35
440		-	partnership, sole proprietor, limited partnership, or association engaged in 36 As Engrossed: S2/25/25 S3/17/25 SB252
441		-
442		-	12 03-17-2025 14:55:13 JMB137
443		-
444		-
445		-	the manufacture of vapor products or e -liquid products that knowingly makes a 1
446		-	false certification under this subchapter is subject to a civil penalty of 2
447		-	not less than seventy -five thousand dollars ($75,000) but not more than two 3
448		-	hundred fifty thousand dollars ($250,000) for each false certification. 4
449		-	(4) A repeated violation of this section shall constitute a 5
450		-	deceptive trade practice under § 4 -88-101 et seq. 6
451		-	(5) Beginning on November 1, 2025, or on the date that Arkansas 7
452		-	Tobacco Control first makes the directory available for public inspection on 8
453		-	its website under this subchapter, whichever is later, and subject to 9
454		-	subdivisions (b)(7) and (b)(8) of this section, it is unlawful for any person 10
455		-	or entity to sell, offer, or possess in this state, or import for personal 11
456		-	consumption in this state, a vapor product or an e -liquid product that the 12
457		-	person or entity knows is not included in the directory maintained by the 13
458		-	director under this subchapter. 14
459		-	(6) A person or entity is deemed to have received notice that a 15
460		-	manufacturer is not included in the directory maintained by Arkansas Tobacco 16
461		-	Control at the time Arkansas Tobacco Control’s website fails to list any 17
462		-	manufacturer in the directory or at the time the director removes the 18
463		-	manufacturer from the directory. 19
464		-	(7) If a vapor product or e -liquid product or a manufacturer of 20
465		-	a vapor product or e -liquid product is removed from the directory established 21
466		-	and maintained by the director under § 20 -65-202, each wholesaler shall have 22
467		-	sixty (60) days from the date the vapor product or e -liquid product is 23
468		-	removed from the directory to remove any vapor product or e -liquid product 24
469		-	from the wholesaler’s inventory and physical location where the wholesaler 25
470		-	takes orders for, receives orders for, or sells the vapor product or e -liquid 26
471		-	product. 27
472		-	(8) If a vapor product or e -liquid product or a manufacturer of 28
473		-	a vapor product or e -liquid product is removed from the directory established 29
474		-	and maintained by the director under § 20-65-202, each retailer shall have 30
475		-	one hundred twenty (120) days from the date any vapor product or e -liquid 31
476		-	product is removed from the directory to sell or remove the vapor product or 32
477		-	e-liquid product from the retailer’s inventory and permitted location. 33
478		-	(c)(1) In addition to the other fines and forfeitures, a person who 34
479		-	violates this section may be subject to a penalty for vapor products or e -35
480		-	liquid products held, sold, or offered for sale and confiscated by Arkansas 36 As Engrossed: S2/25/25 S3/17/25 SB252
481		-
482		-	13 03-17-2025 14:55:13 JMB137
483		-
484		-
485		-	Tobacco Control in the amount of: 1
486		-	(A) Twenty-five dollars ($25.00) for each individual vapor 2
487		-	product or e-liquid product up to twenty (20) individual vapor products or e -3
488		-	liquid products; and 4
489		-	(B) Fifty dollars ($50.00) for each individual vapor 5
490		-	product or e-liquid product in excess of twenty (20) individual vapor 6
491		-	products or e-liquid products. 7
492		-	(2) The penalty under subdivision (c)(1) of this section shall 8
493		-	be held to be in the nature of a civil penalty and may be collected by civil 9
494		-	or administrative action and may be levied by the Arkansas Tobacco Control 10
495		-	Board or any circuit court having jurisdiction in this state. 11
496		-	(3) A penalty assessed under this subsection shall be deposited 12
497		-	into the Arkansas Tobacco Control Revenue Fund established under § 19 -6-831. 13
498		-	14
499		-	20-65-205. Enforcement. 15
500		-	(a)(1)(A) A nonresident manufacturer that is not registered to do 16
501		-	business in the state, as a condition precedent to having its name or its 17
502		-	vapor products or e-liquid products listed and retained in the directory 18
503		-	created under this subchapter, shall appoint and continually engage without 19
504		-	interruption a registered agent in this state for service of process on whom 20
505		-	all process and any action or proceeding arising out of the enforcement of 21
506		-	this section may be served. 22
507		-	(B) The manufacturer shall provide to the Director of 23
508		-	Arkansas Tobacco Control the name, address, and telephone number of its agent 24
509		-	for service of process and shall provide any other information relating to 25
510		-	its agent as may be requested by the director. 26
511		-	(2)(A) A manufacturer that is located outside of the United 27
512		-	States, as an additional condition precedent to having its vapor products or 28
513		-	e-liquid products listed or retained in the directory, shall cause each of 29
514		-	its importers of any of its vapor products or e -liquid products to be sold in 30
515		-	this state to appoint, and continually engage without interruption, an agent 31
516		-	in this state in accordance with the provisions of this section. 32
517		-	(B) All obligations of a manufacturer imposed by this 33
518		-	section with respect to appointment of its agent shall also apply to 34
519		-	importers with respect to appointment of their agents; and 35
520		-	(3)(A) A manufacturer shall provide written notice to the 36 As Engrossed: S2/25/25 S3/17/25 SB252
521		-
522		-	14 03-17-2025 14:55:13 JMB137
523		-
524		-
525		-	director thirty (30) days before the termination of the authority of an agent 1
526		-	appointed under subdivisions (a)(1) and (a)(2) of this section. 2
527		-	(B) No less than five (5) days before the termination of 3
528		-	an existing agent appointment, a manufacturer shall provide to the director 4
529		-	the name, address, and telephone number of its newly appointed agent for 5
530		-	service of process and shall provide any other information relating to the 6
531		-	new appointment as may be requested by the director. 7
532		-	(C) In the event an agent terminates an agency 8
533		-	appointment, the manufacturer shall notify the director of the termination 9
534		-	within five (5) days of the termination and shall include proof to the 10
535		-	satisfaction of the director of the appointment of a new agent. 11
536		-	(b)(1) Each retailer and wholesaler that sells or distributes vapor 12
537		-	products or e-liquid products in this state may be subject to unannounced 13
538		-	compliance checks or inspections for purposes of enforcing this subchapter. 14
539		-	(2) Unannounced follow -up compliance checks or inspections of 15
540		-	all noncompliant retailers and wholesalers may be conducted within ninety 16
541		-	(90) days after any violation of this subchapter. 17
542		-	(3) The director shall publish the results of all compliance 18
543		-	checks or inspections at least annually and shall make the results available 19
544		-	to the public on request. 20
545		-	(c) The director may promulgate rules necessary to effect the purposes 21
546		-	of this subchapter. 22
547		-	23
548		-	SECTION 6. Arkansas Code § 26 -57-203(4), concerning the definition of 24
549		-	"child-resistant packaging" within the Arkansas Tobacco Products Tax Act of 25
550		-	1977, is repealed to be codified in a location more suitable to the subject 26
551		-	matter. 27
552		-	(4)(A) “Child-resistant packaging” means packaging that is 28
553		-	designed or constructed to be: 29
554		-	(i) Significantly difficult for children under five 30
555		-	(5) years of age to: 31
556		-	(a) Open; or 32
557		-	(b) Obtain a toxic or harmful amount of the 33
558		-	substance contained therein within a reasonable time; and 34
559		-	(ii) Not difficult for an average adult to use 35
560		-	properly. 36 As Engrossed: S2/25/25 S3/17/25 SB252
561		-
562		-	15 03-17-2025 14:55:13 JMB137
563		-
564		-
565		-	(B) “Child-resistant packaging” does not mean packaging 1
566		-	that children cannot open or obtain a toxic or harmful amount within a 2
567		-	reasonable time when tested in accordance with the method described in 16 3
568		-	C.F.R. § 1700.20, as it existed on January 1, 2015; 4
569		-	5
570		-	SECTION 7. Arkansas Code 26 -57-247(b), effective until the contingency 6
571		-	in Acts 2023, No. 629, § 17, is met, concerning seizure, forfeiture, and 7
572		-	disposition of tobacco products and other property, is amended to read as 8
573		-	follows: 9
574		-	(b) The Director of Arkansas Tobacco Control may seize and hold for 10
575		-	disposition of the courts or the Arkansas Tobacco Control Board all tobacco 11
576		-	products, vapor products, alternative nicotine products, or e -liquid products 12
577		-	found in the possession of a person dealing in, or a consumer of, tobacco 13
578		-	products, vapor products, alternative nicotine products, or e -liquid products 14
579		-	if: 15
580		-	(1) Prima facie evidence exists that the full amount of excise 16
581		-	tax due on the tobacco products has not been paid to the Secretary of the 17
582		-	Department of Finance and Administration; 18
583		-	(2) Tobacco products, vapor products, alternative nicotine 19
584		-	products, or e-liquid products are in the possession of a wholesaler who does 20
585		-	not possess a current Arkansas wholesale permit; 21
586		-	(3) A retail establishment does not possess a current Arkansas 22
587		-	retail permit; or 23
588		-	(4) The tobacco products, vapor products, alternative nicotine 24
589		-	products, or e-liquid products have been offered for sale to the public at 25
590		-	another location without a current Arkansas retail permit .; or 26
591		-	(5) Tobacco products, vapor products, alternative nicotine 27
592		-	products, or e-liquid products are possessed, sold, or offered for sale in 28
593		-	violation of § 20-65-101 et seq. 29
594		-	30
595		-	SECTION 8. Arkansas Code 26 -57-247(b), effective when the contingency 31
596		-	in Acts 2023, No. 629, § 17, is met, concerning seizure, forfeiture, and 32
597		-	disposition of tobacco products and other property, is amended to read as 33
598		-	follows: 34
599		-	(b) The Director of Arkansas Tobacco Control may seize and hold for 35
600		-	disposition of the courts or the Arkansas Tobacco Control Board all tobacco 36 As Engrossed: S2/25/25 S3/17/25 SB252
601		-
602		-	16 03-17-2025 14:55:13 JMB137
603		-
604		-
605		-	products, vapor products, alternative nicotine products, e -liquid products, 1
606		-	or hemp-derived products found in the possession of a person dealing in, or a 2
607		-	consumer of, tobacco products, vapor products, alternative nicotine products, 3
608		-	e-liquid products, or hemp -derived products if: 4
609		-	(1) Prima facie evidence exists that the full amount of excise 5
610		-	tax due on the tobacco products has not been paid to the Secretary of the 6
611		-	Department of Finance and Administration; 7
612		-	(2) Tobacco products, vapor products, alternative nicotine 8
613		-	products, or e-liquid products are in the possession of a wholesaler who does 9
614		-	not possess a current Arkansas wholesale permit; 10
615		-	(3) A retail establishment does not possess a current Arkansas 11
616		-	retail permit; 12
617		-	(4) The tobacco products, vapor products, alternative nicotine 13
618		-	products, or e-liquid products have been offered for sale to the public at 14
619		-	another location without a current Arkansas retail permit; or 15
620		-	(5) Hemp-derived products are possessed, sold, or offered for 16
621		-	sale in violation of § 20 -56-401 et seq.; or 17
622		-	(6) Tobacco products, vapor products, alternative nicotine 18
623		-	products, or e-liquid products are possessed, sold, or offered for sale in 19
624		-	violation of § 20-65-101 et seq. 20
625		-	21
626		-	SECTION 9. Arkansas Code § 26 -57-254 is repealed to be codified in a 22
627		-	location more suitable to the subject matter. 23
628		-	26-57-254. Safety inspections on permitted products — Restrictions on 24
629		-	use of e-liquid products and alternative nicotine products — Definitions. 25
630		-	(a) In order to assure that the citizens of this state receive only 26
631		-	tobacco products, vapor products, alternative nicotine products, or e -liquid 27
632		-	products that are fresh and not contaminated, and to ensure the safety of 28
633		-	Arkansas youth, the Director of Arkansas Tobacco Control is authorized under 29
634		-	this subchapter to: 30
635		-	(1) Inspect or cause to be inspected any tobacco product, vapor 31
636		-	product, alternative nicotine product, or e -liquid container in places of 32
637		-	storage or distribution authorized under this subchapter; and 33
638		-	(2) Require any tobacco products, vapor products, alternative 34
639		-	nicotine products, or e -liquid containers found to be contaminated, damaged, 35
640		-	or not fresh be removed from stock and be either returned to the proper 36 As Engrossed: S2/25/25 S3/17/25 SB252
641		-
642		-	17 03-17-2025 14:55:13 JMB137
643		-
644		-
645		-	wholesaler or manufacturer for disposal according to law or delivered to the 1
646		-	Director of Arkansas Tobacco Control for destruction or disposal. 2
647		-	(b)(1) It is a violation for any person to use a tobacco product, 3
648		-	vapor product, alternative nicotine product, or e -liquid product in or on the 4
649		-	grounds of any school, childcare facility, or healthcare facility. 5
650		-	(2) As used in subdivision (b)(1) of this section: 6
651		-	(A) “Childcare facility” means the same as provided in § 7
652		-	20-78-202(2); 8
653		-	(B) “Healthcare facility” means the same as provided in § 9
654		-	20-27-1803(6); and 10
655		-	(C) “School” means: 11
656		-	(i) Any buildings, parking lots, playing fields, 12
657		-	playgrounds, school buses, or other school vehicles; or 13
658		-	(ii) Any off-campus school-sponsored or school-14
659		-	sanctioned events with respect to any public, charter, or private school 15
660		-	where children attend classes in kindergarten programs or grades one through 16
661		-	twelve (1-12). 17
662		-	(c) On and after July 22, 2015, all alternative nicotine products and 18
663		-	e-liquid containers containing nicotine sold at retail in this state shall 19
664		-	satisfy the child-resistant packaging effectiveness standards described in § 20
665		-	26-57-203 when tested in accordance with the method described by 16 C.F.R. § 21
666		-	1700.20, as it existed on January 1, 2015. 22
667		-	(d) As used in this section, “e -liquid container” means a bottle or 23
668		-	other container of e -liquid that is sold or provided for mixing at retail and 24
669		-	is marketed or intended for use in a vapor product, but does not include e -25
670		-	liquid contained in a cartridge that is sold, marketed, or intended for use 26
671		-	in a vapor product if the cartridge is prefilled and sealed by the 27
672		-	manufacturer and is not intended to be opened by the consumer. 28
673		-	29
674		-	SECTION 10. Arkansas Code 26 -57-255(g)(3)(A)-(C), effective until the 30
675		-	contingency in Acts 2023, No. 629, § 17, is met, concerning the creation of 31
676		-	the Arkansas Tobacco Control Board, are amended to read as follows: 32
677		-	(3)(A) Conduct public hearings when appropriate regarding a 33
678		-	permit authorized under this subchapter or in violation of this subchapter, 34
679		-	the Unfair Cigarette Sales Act, § 4 -75-701 et seq., § 5-27-227, § 20-65-101 35
680		-	et seq., or any other federal, state, or local statute, ordinance, rule, or 36 As Engrossed: S2/25/25 S3/17/25 SB252
681		-
682		-	18 03-17-2025 14:55:13 JMB137
683		-
684		-
685		-	regulation concerning the sale of tobacco products, vapor products, 1
686		-	alternative nicotine products, or e -liquid products to minors or the rules 2
687		-	promulgated by Arkansas Tobacco Control. 3
688		-	(B) After notice and hearing held in accordance with the 4
689		-	Arkansas Administrative Procedure Act, § 25 -15-201 et seq., if the board 5
690		-	finds a violation of this subchapter, the Unfair Cigarette Sales Act, § 4 -75-6
691		-	701 et seq., § 20-65-101 et seq., or the rules promulgated by Arkansas 7
692		-	Tobacco Control, the board may suspend or revoke any or all permits issued by 8
693		-	the director to any person. 9
694		-	(C)(i) The board may levy a civil penalty in an amount not 10
695		-	to exceed five thousand dollars ($5,000) for each violation against a person 11
696		-	found to be in violation of this subchapter, the Unfair Cigarette Sales Act, 12
697		-	§ 4-75-701 et seq., § 20-65-101 et seq., or the rules promulgated by Arkansas 13
698		-	Tobacco Control. 14
699		-	(ii) The board shall levy a civil penalty in 15
700		-	accordance with the guidelines set out in § 20 -65-204 for a violation of § 16
701		-	20-65-204. 17
702		-	18
703		-	SECTION 11. Arkansas Code 26 -57-255(g)(3)(A)-(C), effective when the 19
704		-	contingency in Acts 2023, No. 629, § 17, is met, concerning the creation of 20
705		-	the Arkansas Tobacco Control Board, are amended to read as follows: 21
706		-	(3)(A) Conduct public hearings when appropriate regarding a 22
707		-	permit authorized under this subchapter or in violation of this subchapter, 23
708		-	the Unfair Cigarette Sales Act, § 4 -75-701 et seq., § 5-27-227, § 20-56-401 24
709		-	et seq., § 20-65-101 et seq., or any other federal, state, or local statute, 25
710		-	ordinance, rule, or regulation concerning the sale of tobacco products, vapor 26
711		-	products, alternative nicotine products, e -liquid products, or hemp -derived 27
712		-	products to minors or the rules promulgated by Arkansas Tobacco Control. 28
713		-	(B) After notice and hearing held in accordance with the 29
714		-	Arkansas Administrative Procedure Act, § 25 -15-201 et seq., if the board 30
715		-	finds a violation of this subchapter, the Unfair Cigarette Sales Act, § 4 -75-31
716		-	701 et seq., § 20-56-401 et seq., § 20-65-101 et seq., or the rules 32
717		-	promulgated by Arkansas Tobacco Control, the board may suspend or revoke any 33
718		-	or all permits issued by the director to any person. 34
719		-	(C)(i) The board may levy a civil penalty in an amount not 35
720		-	to exceed five thousand dollars ($5,000) for each violation against a person 36 As Engrossed: S2/25/25 S3/17/25 SB252
721		-
722		-	19 03-17-2025 14:55:13 JMB137
723		-
724		-
725		-	found to be in violation of this subchapter, the Unfair Cigarette Sales Act, 1
726		-	§ 4-75-701 et seq., § 20-56-401 et seq., § 20-65-101 et seq., or the rules 2
727		-	promulgated by Arkansas Tobacco Control. 3
728		-	(ii) The board shall levy a civil penalty in 4
729		-	accordance with the guidelines set out in § 20 -65-204 for a violation of § 5
730		-	20-65-204. 6
731		-	7
732		-	SECTION 12. Arkansas Code 26 -57-256(a), effective until the 8
733		-	contingency in Acts 2023, No. 629, § 17, is met, concerning the powers of 9
734		-	Arkansas Tobacco Control, is amended to add an additional subdivision to read 10
735		-	as follows: 11
736		-	(7) Develop and maintain a directory as described under § 20 -65-12
737		-	202. 13
738		-	14
739		-	SECTION 13. Arkansas Code 26 -57-256(a), effective when the contingency 15
740		-	in Acts 2023, No. 629, § 17, is met, concerning the powers of Arkansas 16
741		-	Tobacco Control, is amended to add an additional subdivision to read as 17
742		-	follows: 18
743		-	(7) Develop and maintain a directory as described under § 20 -65-19
744		-	202. 20
745		-	21
746		-	/s/J. Dismang 22
747		-	23
748		-	24
749		-	APPROVED: 4/14/25 25
750		-	26
751		-	27
752		-	28
753		-	29
754		-	30
755		-	31
756		-	32
757		-	33
	686	+	19 02/18/2025 11:32:49 AM JMB137
	687	+	as follows: 1
	688	+	(7) Develop and maintain a directory as described under § 20 -65-2
	689	+	202. 3
	690	+	4
	691	+	SECTION 13. Arkansas Code 26 -57-256(a), effective when the contingency 5
	692	+	in Acts 2023, No. 629, § 17, is met, concerning the powers of Arkansas 6
	693	+	Tobacco Control, is amended to add an additional subdivision to read as 7
	694	+	follows: 8
	695	+	(7) Develop and maintain a directory as described under § 20 -65-9
	696	+	202. 10
	697	+	11
	698	+	SECTION 14. EMERGENCY CLAUSE. It is found and determined by the 12
	699	+	General Assembly of the State of Arkansas that vapor products and e -liquid 13
	700	+	products are being sold in this state that are not authorized by the United 14
	701	+	States Food and Drug Administration or subject to pending premarket 15
	702	+	applications; that vapor products and e -liquids are common with the youth 16
	703	+	with forty-four percent (44%) of Arkansas high school seniors reporting to 17
	704	+	have tried vapor products or e -liquid products; that a vapor product and e -18
	705	+	liquid product directory would authorize the state to bar the sale of 19
	706	+	products that are not authorized by the United States Food and Drug 20
	707	+	Administration or subject to pending premarket applications; and that this 21
	708	+	act is immediately necessary to protect the health and safety of the youth of 22
	709	+	this state from vapor products and e -liquid products that are not authorized 23
	710	+	by the United States Food and Drug Administration or subject to pending 24
	711	+	premarket applications. Therefore, an emergency is declared to exist, and 25
	712	+	this act being immediately necessary for the preservation of the public 26
	713	+	peace, health, and safety shall become effective on: 27
	714	+	(1) The date of its approval by the Governor; 28
	715	+	(2) If the bill is neither approved nor vetoed by the Governor, 29
	716	+	the expiration of the period of time during which the Governor may veto the 30
	717	+	bill; or 31
	718	+	(3) If the bill is vetoed by the Governor and the veto is 32
	719	+	overridden, the date the last house overrides the veto. 33
758	720		34
759	721		35
760	722		36