Stricken language would be deleted from and underlined language would be added to present law.
Act 590 of the Regular Session
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State of Arkansas As Engrossed: S2/25/25 S3/17/25 1
95th General Assembly A Bill 2
Regular Session, 2025 SENATE BILL 252 3
4
By: Senator J. Dismang 5
By: Representatives Wardlaw, K. Brown 6
7
For An Act To Be Entitled 8
AN ACT TO AMEND THE ARKANSAS TOBACCO PRODUCTS TAX ACT 9
OF 1977; TO INFORM THE PUBLIC OF HEALTH RISKS CAUSED 10
BY VAPOR PRODUCTS AND E -LIQUID PRODUCTS; TO PREVENT 11
CONTAMINATION, ADULTERATION, OR INCLUSION OF 12
INGREDIENTS OR OTHER SUBSTANCES IN VAPOR PRODUCTS OR 13
E-LIQUID PRODUCTS THAT MIGHT CAUSE HARM TO PUBLIC 14
HEALTH AND SAFETY; TO ENSURE THE SAFETY OF ARKANSAS 15
YOUTH; AND FOR OTHER PURPOSES. 16
17
18
Subtitle 19
TO INFORM THE PUBLIC OF HEALTH RISKS 20
CAUSED BY VAPOR PRODUCTS AND E -LIQUID 21
PRODUCTS; AND TO ENSURE THE SAFETY OF 22
ARKANSAS YOUTH. 23
24
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 25
26
SECTION 1. Arkansas Code 19 -6-831(b)(2), effective until the 27
contingency in Acts 2023, No. 629, § 17, is met, concerning the creation of 28
the Arkansas Tobacco Control Revenue Fund, is amended to read as follows: 29
(2) The fund also shall consist of any other revenues authorized 30
by law, including without limitation all certification fees collected by 31
Arkansas Tobacco Control under § 20 -65-201 et seq. and all civil penalties 32
collected by Arkansas Tobacco Control under § 20 -65-204(c). 33
34
SECTION 2. Arkansas Code 19 -6-831(b)(2), effective when the 35
contingency in Acts 2023, No. 629, § 17, is met, concerning the creation of 36 As Engrossed: S2/25/25 S3/17/25 SB252
2 03-17-2025 14:55:13 JMB137
the Arkansas Tobacco Control Revenue Fund, is amended to read as follows: 1
(2) The fund also shall consist of any other revenues authorized 2
by law, including without limitation all certification fees collected by 3
Arkansas Tobacco Control under § 20 -65-201 et seq. and all civil penalties 4
collected by Arkansas Tobacco Control under § 20 -65-204(c). 5
6
SECTION 3. Arkansas Code 19 -6-831(c)(1), effective until the 7
contingency in Acts 2023, No. 629, § 17, is met, concerning the creation of 8
the Arkansas Tobacco Control Revenue Fund, is amended to read as follows: 9
(c)(1) The fund shall be used for expenses incurred by Arkansas 10
Tobacco Control in the organization, maintenance, operation, and merchant 11
education and training with regard to enforcement of § 5 -27-227, § 20-65-101 12
et seq., the Arkansas Tobacco Products Tax Act of 1977, § 26 -57-201 et seq., 13
and the Unfair Cigarette Sales Act, § 4 -75-701 et seq. 14
15
SECTION 4. Arkansas Code 19 -6-831(c)(1), effective when the 16
contingency in Acts 2023, No. 629, § 17, is met, concerning the creation of 17
the Arkansas Tobacco Control Revenue Fund, is amended to read as follows: 18
(c)(1) The fund shall be used for expenses incurred by Arkansas 19
Tobacco Control in the organization, maintenance, operation, and merchant 20
education and training with regard to enforcement of § 5 -27-227, § 20-65-101 21
et seq., the Arkansas Tobacco Products Tax Act of 1977, § 26 -57-201 et seq., 22
§ 20-56-401 et seq., and the Unfair Cigarette Sales Act, § 4 -75-701 et seq. 23
24
SECTION 5. Arkansas Code Title 20 is amended to add an additional 25
chapter to read as follows: 26
CHAPTER 65 — TOBACCO PRODUCTS, VAPOR PRODUCTS, ALTERNATIVE NICOTINE PRODUCTS, 27
AND E-LIQUID PRODUCTS 28
29
Subchapter 1 — General Provisions 30
31
20-65-101. Definitions. 32
As used in this chapter, unless otherwise specified: 33
(1)(A) “Alternative nicotine product” means a product that 34
consists of or contains nicotine from any source that can be ingested into 35
the body by chewing, smoking, absorbing, dissolving, inhaling, snorting, 36 As Engrossed: S2/25/25 S3/17/25 SB252
3 03-17-2025 14:55:13 JMB137
sniffing, or by any other means. 1
(B) “Alternative nicotine product” does not include a: 2
(i) Tobacco product; 3
(ii) Vapor product; 4
(iii) Product that is a drug under 21 U.S.C. § 5
321(g)(1); 6
(iv) Product that is a device under 21 U.S.C. § 7
321(h); or 8
(v) Product that constitutes a combination drug, 9
device, or biological product as described in 21 U.S.C. § 353(g); 10
(2) “Annual” or “annually” means the fiscal year from July 1 11
through the following June 30; 12
(3) “Brand family” means all styles of vapor products, 13
alternative nicotine products, and e -liquid products sold under the same 14
trademark and differentiated from another style by means of additional 15
modifiers or descriptors, and includes any brand name alone or in conjunction 16
with any other word, trademark, logo, symbol, motto, selling message, 17
recognizable pattern of colors, or any other indicia of product 18
identification identical to, similar to, or identifiable with a previously 19
known brand of vapor products, alternative nicotine product, or e -liquid 20
products; 21
(4) “Childcare facility” means the same as provided in § 20 -78-22
202; 23
(5) “Child-resistant packaging” means packaging that is designed 24
or constructed to be compliant with the Federal Child Nicotine Poisoning 25
Prevention Act, Pub. L. No. 114 -116, 15 U.S.C. § 1472a; 26
(6) “Consumer” means a member of the public at large; 27
(7) “E-liquid” and “e-liquid product” means a liquid product, 28
which may or may not contain nicotine, that is inhaled when using a vapor 29
product and that may or may not include without limitation propylene glycol, 30
vegetable glycerin, nicotine from any source, and flavorings; 31
(8)(A) “E-liquid container” means a bottle or other container of 32
e-liquid that is sold or provided for mixing at retail and is marketed or 33
intended for use in a vapor product. 34
(B) "E-liquid container" does not include e -liquid 35
contained in a cartridge that is sold, marketed, or intended for use in a 36 As Engrossed: S2/25/25 S3/17/25 SB252
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vapor product if the cartridge is prefilled and sealed by the manufacturer 1
and is not intended to be opened by the consumer; 2
(9) “Healthcare facility” means the same as in § 20 -27-1803; 3
(10)(A) “Manufacturer” means a person that manufactures, 4
fabricates, assembles, or processes a tobacco product or manufactures or 5
fabricates a vapor product, alternative nicotine product, or e -liquid 6
product, including without limitation a federally licensed importer and a 7
federally licensed distributor that deals in tobacco products, vapor 8
products, alternative nicotine products, or e -liquid products. 9
(B) “Manufacturer” includes a sales entity affiliate of 10
the manufacturer or any other entity representing the manufacturer with 11
regard to the sale of tobacco products, vapor products, alternative nicotine 12
products, or e-liquid products produced by the manufacturer to wholesalers or 13
permitted retailers. 14
(C) “Manufacturer” specifically includes a person that 15
mixes, compounds, repackages, or resizes e -liquid products or vapor products; 16
(11) “School” means: 17
(A) Any buildings, parking lots, playing fields, 18
playgrounds, school buses, or other school vehicles; or 19
(B) Any off-campus school-sponsored or school-sanctioned 20
events with respect to any public school, open -enrollment public charter 21
school, or private school where children attend classes in kindergarten 22
through grade twelve (K -12); 23
(12) “Tobacco products” means all products containing tobacco 24
for consumption, including without limitation cigarettes, cigars, little 25
cigars, cigarillos, chewing tobacco, smokeless tobacco, snuff, smoking 26
tobacco, including pipe tobacco, and smoking tobacco substitutes; and 27
(13) “Vapor product” means an electronic oral device of any size 28
or shape that contains a vapor of nicotine, e -liquid, or any other substance 29
that when used or inhaled simulates smoking, regardless of whether a visible 30
vapor is produced, including without limitation a device that: 31
(A) Is composed of a heating element, battery, electronic 32
circuit, chemical process, mechanical device, or a combination of heating 33
element, battery, electronic circuit, chemical process, or mechanical device; 34
(B) Works in combination with a cartridge, other 35
container, or liquid delivery device containing nicotine, e -liquid, or any 36 As Engrossed: S2/25/25 S3/17/25 SB252
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other substance and manufactured for use with vapor products; 1
(C) Is manufactured, distributed, marketed, or sold as any 2
type or derivation of a vapor product, e -cigarette, e-cigar, e-pipe, or any 3
other product name or descriptor; and 4
(D) Does not include a product regulated as a drug or 5
device by the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., 6
as it existed on January 1, 2015. 7
8
20-65-102. Safety inspections — Child-resistant packaging. 9
(a) To ensure that the citizens of this state receive only tobacco 10
products, vapor products, alternative nicotine products, or e -liquid products 11
that are fresh, uncontaminated, unadulterated, and otherwise free of 12
substances that might cause harm to public health and safety, and to ensure 13
the safety of Arkansas youth, the Director of Arkansas Tobacco Control may: 14
(1) Inspect or cause to be inspected any tobacco products, vapor 15
product, alternative nicotine product, or e -liquid container in places of 16
storage or distribution authorized under state law; 17
(2) In addition to any authorization or remedy under law, 18
require any tobacco products, vapor products, alternative nicotine products, 19
or e-liquid containers found to be contaminated, adulterated, damaged, or not 20
fresh be removed from stock and be either returned to the proper wholesaler 21
or manufacturer for disposal according to law or delivered to the director 22
for destruction or disposal; 23
(3) Prescribe any form, application, certificate, or other 24
documentation or record to be used in the administration and enforcement of 25
this chapter; and 26
(4) Promulgate rules necessary to implement and effectuate the 27
purposes of this chapter. 28
(b) All alternative nicotine products and e -liquids sold at retail in 29
this state shall be sold in child -resistant packaging. 30
31
20-65-103. Prohibition on use in certain settings. 32
It is a violation of this chapter for any person to use a tobacco 33
product, vapor product, alternative nicotine product, or e -liquid product in 34
or on the grounds of any school, childcare facility, or healthcare facility. 35
36 As Engrossed: S2/25/25 S3/17/25 SB252
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20-65-104. Advertising prohibitions for vapor product, alternative 1
nicotine product, e-liquid product, or e -liquid container. 2
A person may not advertise, market, or offer for sale in this state any 3
tobacco products, vapor products, alternative nicotine products, e -liquid 4
products, or e-liquid containers by using, in the labeling or design of the 5
product, its packaging, or its advertising or marketing materials, trade 6
dress, trademarks, branding, or other related imagery that: 7
(1) Imitates or replicates those of food brands or other related 8
products that are commonly marketed to children or minors, including without 9
limitation breakfast cereals, cookies, juice drinks, soft drinks, frozen 10
drinks, ice creams, sorbets, sherbets, and frozen pops; 11
(2) Depicts or signifies characters or symbols that are known to 12
a reasonable person to appeal primarily to or are commonly associated with 13
children or minors, including without limitation superheroes, cartoons or 14
cartoon characters, anime characters, comic book characters, video game 15
characters, television show characters, movie characters, mythical creatures, 16
or unicorns, or that otherwise incorporates related imagery or scenery; or 17
(3) Uses the terms “candy”, “candies”, "cake", "cakes", “pies”, 18
or “cupcakes” or any variant of these terms when that variant term is used in 19
a manner to market to children or minors or known to a reasonable person to 20
appeal primarily to children or minors, or any other term referencing a type 21
or brand of candy, cakes, pastries, or pies, including types or brands of 22
candies, cakes, pastries, or pies that do not include the words “candy”, 23
“candies”, “cake”, “cakes”, “pies”, or “cupcakes” in their names, labels, or 24
slogans. 25
26
20-65-105. Contaminated or adulterated tobacco products, vapor 27
products, alternative nicotine products, or e -liquid products. 28
(a) It is a violation of this chapter for any person to offer for sale 29
in this state or sell to persons located in this state any contaminated or 30
adulterated tobacco products, vapor product, alternative nicotine product, or 31
e-liquid product. 32
(b) A tobacco product, vapor product, alternative nicotine product, or 33
e-liquid product in this state is contaminated or adulterated if the product: 34
(1) Consists in whole or in part of any filthy, putrid, or 35
decomposed substance; 36 As Engrossed: S2/25/25 S3/17/25 SB252
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(2) Contains any added poisonous or deleterious substance that 1
may render the product injurious to public health; or 2
(3) Does not have an approved certification as required in § 20 -3
65-202. 4
5
Subchapter 2 — Manufacturer Directory for Vapor Products and E -liquid 6
Products 7
8
20-65-201. Definitions. 9
As used in this subchapter: 10
(1)(A) “E-liquid” and “e-liquid product” means a liquid product 11
containing nicotine from any source that is inhaled when using a vapor 12
product, and that may or may not include without limitation propylene glycol, 13
vegetable glycerin, and flavorings. 14
(B) "E-liquid" and "e-liquid product" does not include a 15
product that is a nicotine solution sold in a container without a battery or 16
atomizer and that is intended to be refillable or that otherwise makes the 17
nicotine solution accessible to the consumer through customary or reasonably 18
foreseeable handling or use; and 19
(2)(A) “Vapor product” means an electronic oral device of any 20
size or shape that contains a vapor of nicotine or e -liquid that when used or 21
inhaled simulates smoking, regardless of whether a visible vapor is produced, 22
including without limitation a device that: 23
(i) Is composed of a heating element, battery, electronic 24
circuit, chemical process, mechanical device, or a combination of heating 25
element, battery, electronic circuit, chemical process, or mechanical device; 26
(ii) Works in combination with a cartridge, other 27
container, or liquid delivery device containing nicotine from any source or 28
e-liquid and manufactured for use with vapor products; and 29
(iii) Is manufactured, distributed, marketed, or sold as 30
any type or derivation of a vapor product, e -cigarette containing nicotine 31
from any source, e-cigar containing nicotine from any source, e -pipe 32
containing nicotine from any source, or any other vapor product name or 33
descriptor. 34
(B) "Vapor product" does not include: 35
(i) A device that: 36 As Engrossed: S2/25/25 S3/17/25 SB252
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(a) Uses removable batteries; 1
(b) Is sold without e -liquid; and 2
(c) Is designed to utilized e -liquid in a 3
refillable container; or 4
(ii) A product regulated as a drug or device by the 5
Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., as it existed 6
on January 1, 2015. 7
8
20-65-202. Establishment. 9
(a) The Director of Arkansas Tobacco Control shall develop and 10
maintain a directory listing all manufacturers that have provided 11
certifications that comply with this subchapter and each vapor product and e -12
liquid product that is listed in those certifications. 13
(b) The director shall: 14
(1) Make the directory available for public inspection on 15
Arkansas Tobacco Control's website by November 1, 2025; and 16
(2) Update the directory to correct mistakes and add or remove 17
manufacturers of a vapor product or e-liquid product consistent with the 18
requirements of this section on a monthly basis. 19
(c) A person or entity is deemed to have received notice as required 20
under subsection (d) of this section that a vapor product or e -liquid product 21
of a manufacturer is not included in the directory maintained by Arkansas 22
Tobacco Control under this section at the time Arkansas Tobacco Control’s 23
website fails to list any vapor product or e -liquid product in the directory 24
or at the time the director removes the vapor product or e -liquid product 25
from the directory. 26
(d)(1)(A) The director may not remove the manufacturer or its vapor 27
product or e-liquid product from the directory until at least fifteen (15) 28
days after the manufacturer has been given notice of an intended action. 29
(B) Notice shall be sufficient and be deemed immediately 30
received by a manufacturer if the notice is sent either electronically or by 31
facsimile to an email address or facsimile number, as the case may be, 32
provided by the manufacturer in the manufacturer’s most recent certification 33
filed under this subchapter. 34
(2) The vapor product or e -liquid product manufacturer shall 35
have fifteen (15) days from the date of service of the notice of the 36 As Engrossed: S2/25/25 S3/17/25 SB252
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director’s intended action to establish that the vapor product or e -liquid 1
product manufacturer or its vapor product or e -liquid product should be 2
included in the directory. 3
(3) If after fifteen (15) days from the date of service of the 4
notice of the director’s intended action the manufacturer of the vapor 5
product or e-liquid products remains in noncompliance, and the manufacturer 6
has not requested a hearing before the Arkansas Tobacco Control Board within 7
fifteen (15) days of notice of the director’s intended action, the 8
manufacturer and its vapor product or e -liquid product shall be removed from 9
the directory. 10
(4) Every manufacturer shall provide and update as necessary an 11
email address to the director for the purpose of receiving any notifications 12
required by this subchapter. 13
(e)(1) Beginning September 1, 2025, a vapor product or e -liquid 14
product shall not be offered for sale in this state or sold to a person 15
located in this state unless the manufacturer certifies before that date, on 16
a form prescribed by the director, under penalty of perjury, that: 17
(A) The vapor product or e -liquid product was on the 18
market in the United States as of August 8, 2016, and the manufacturer has 19
applied for a marketing order under 21 U.S.C. § 387j for the vapor product or 20
e-liquid product, whichever is applicable, by submitting a premarket tobacco 21
product application on or before September 9, 2020, and either: 22
(i) The premarket tobacco application for the vapor 23
product, alternative nicotine product, or e -liquid product remains under 24
review by the United States Food and Drug Administration; or 25
(ii) The United States Food and Drug Administration 26
has issued a marketing denial order for the vapor product or e -liquid 27
product, whichever is applicable, but the United States Food and Drug 28
Administration or a federal court has issued a stay order or injunction 29
during the pendency of the manufacturer's appeal of the marketing denial 30
order; 31
(B) The manufacturer has received a marketing granted 32
order under 21 U.S.C. § 387j for the vapor product or e -liquid product from 33
the United States Food and Drug Administration; or 34
(C) The manufacturer is not required to submit an 35
additional marketing granted order or premarket tobacco product application 36 As Engrossed: S2/25/25 S3/17/25 SB252
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for the vapor product or e -liquid product because the vapor product or e -1
liquid product merely reflects changes to the name, brand family, or 2
packaging of a vapor product or e -liquid product that is covered under 3
subdivision (e)(1)(A) or (e)(1)(B) of this section. 4
(2) In addition to the requirements in subdivision (e)(1) of 5
this section, each manufacturer shall provide to Arkansas Tobacco Control a 6
copy of the cover page of the: 7
(A) Premarket tobacco application with evidence of receipt 8
of the application by the United States Food and Drug Administration; 9
(B) Document issued by the United States Food and Drug 10
Administration or by a court confirming that the premarket tobacco product 11
application has received a marketing denial order that has been and remains 12
stayed by the United States Food and Drug Administration or court order, 13
rescinded by the United States Food and Drug Administration, or vacated by a 14
court; or 15
(C) Marketing granted order issued under 21 U.S.C. § 387j. 16
(3)(A) The information submitted by the manufacturer under 17
subdivision (e)(2) of this section shall be considered confidential 18
commercial or financial information for purposes of the Freedom of 19
Information Act of 1967, § 25 -19-101 et seq. 20
(B) The manufacturer may redact certain confidential 21
commercial or financial information provided under subdivision (e)(2) of this 22
section. 23
(C) The director shall not disclose confidential 24
commercial or financial information except as required or authorized by law. 25
26
20-65-203. Material change to certification. 27
A manufacturer shall notify the Director of Arkansas Tobacco Control 28
within thirty (30) days of any material change to the information provided in 29
§ 20-65-202, including issuance by the United States Food and Drug 30
Administration of: 31
(1) A marketing granted order issued under 21 U.S.C. § 387j; 32
(2) An order requiring a manufacturer to remove a vapor product 33
or e-liquid product from the market either temporarily or permanently; 34
(3) Any notice of action taken by the United States Food and 35
Drug Administration affecting the ability of the new vapor product or e -36 As Engrossed: S2/25/25 S3/17/25 SB252
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liquid product to be introduced or delivered into interstate commerce for 1
commercial distribution; or 2
(4) Any change in policy that results in a vapor product or e -3
liquid product no longer being exempt from oversight of the United States 4
Food and Drug Administration. 5
6
20-65-204. Fees — Violations. 7
(a)(1) Each certifying manufacturer shall pay an initial fee of five 8
hundred dollars ($500) for each brand family of vapor products or e -liquid 9
products to offset the costs incurred by Arkansas Tobacco Control for 10
processing the certifications and operating the directory under § 20 -65-202. 11
(2) The Director of Arkansas Tobacco Control shall collect an 12
annual fee of two hundred fifty dollars ($250) for each brand family of vapor 13
products or e-liquid products to offset the costs associated with maintaining 14
the directory and satisfying the requirements of this subchapter. 15
(3) Any certification fees collected under this section shall be 16
deposited into the Arkansas Tobacco Control Revenue Fund established under § 17
19-6-831. 18
(b)(1) If a manufacturer can demonstrate to the director that the 19
United States Food and Drug Administration has issued a rule, guidance, or 20
any other formal statement that temporarily exempts a vapor product or e -21
liquid product from the federal premarket tobacco application requirements, 22
the vapor product or e -liquid product may be added to the directory upon 23
request by the manufacturer if the manufacturer provides sufficient evidence 24
that the vapor product or e -liquid product is compliant with the federal 25
rule, guidance, or other formal statement, as applicable. 26
(2) On and after November 1, 2025, or on the date that Arkansas 27
Tobacco Control first makes the directory available for public inspection on 28
its website as provided in § 20 -65-202, whichever is later, a manufacturer 29
who offers for sale a vapor product or e -liquid product that is not listed on 30
the directory is subject to a civil penalty of one thousand dollars ($1,000) 31
for each vapor product or e -liquid product offered for sale in violation of § 32
20-65-202 until the vapor product or e -liquid product is removed from the 33
market or properly listed on the directory. 34
(3) In addition to any penalty prescribed by law, a corporation, 35
partnership, sole proprietor, limited partnership, or association engaged in 36 As Engrossed: S2/25/25 S3/17/25 SB252
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the manufacture of vapor products or e -liquid products that knowingly makes a 1
false certification under this subchapter is subject to a civil penalty of 2
not less than seventy -five thousand dollars ($75,000) but not more than two 3
hundred fifty thousand dollars ($250,000) for each false certification. 4
(4) A repeated violation of this section shall constitute a 5
deceptive trade practice under § 4 -88-101 et seq. 6
(5) Beginning on November 1, 2025, or on the date that Arkansas 7
Tobacco Control first makes the directory available for public inspection on 8
its website under this subchapter, whichever is later, and subject to 9
subdivisions (b)(7) and (b)(8) of this section, it is unlawful for any person 10
or entity to sell, offer, or possess in this state, or import for personal 11
consumption in this state, a vapor product or an e -liquid product that the 12
person or entity knows is not included in the directory maintained by the 13
director under this subchapter. 14
(6) A person or entity is deemed to have received notice that a 15
manufacturer is not included in the directory maintained by Arkansas Tobacco 16
Control at the time Arkansas Tobacco Control’s website fails to list any 17
manufacturer in the directory or at the time the director removes the 18
manufacturer from the directory. 19
(7) If a vapor product or e -liquid product or a manufacturer of 20
a vapor product or e -liquid product is removed from the directory established 21
and maintained by the director under § 20 -65-202, each wholesaler shall have 22
sixty (60) days from the date the vapor product or e -liquid product is 23
removed from the directory to remove any vapor product or e -liquid product 24
from the wholesaler’s inventory and physical location where the wholesaler 25
takes orders for, receives orders for, or sells the vapor product or e -liquid 26
product. 27
(8) If a vapor product or e -liquid product or a manufacturer of 28
a vapor product or e -liquid product is removed from the directory established 29
and maintained by the director under § 20-65-202, each retailer shall have 30
one hundred twenty (120) days from the date any vapor product or e -liquid 31
product is removed from the directory to sell or remove the vapor product or 32
e-liquid product from the retailer’s inventory and permitted location. 33
(c)(1) In addition to the other fines and forfeitures, a person who 34
violates this section may be subject to a penalty for vapor products or e -35
liquid products held, sold, or offered for sale and confiscated by Arkansas 36 As Engrossed: S2/25/25 S3/17/25 SB252
13 03-17-2025 14:55:13 JMB137
Tobacco Control in the amount of: 1
(A) Twenty-five dollars ($25.00) for each individual vapor 2
product or e-liquid product up to twenty (20) individual vapor products or e -3
liquid products; and 4
(B) Fifty dollars ($50.00) for each individual vapor 5
product or e-liquid product in excess of twenty (20) individual vapor 6
products or e-liquid products. 7
(2) The penalty under subdivision (c)(1) of this section shall 8
be held to be in the nature of a civil penalty and may be collected by civil 9
or administrative action and may be levied by the Arkansas Tobacco Control 10
Board or any circuit court having jurisdiction in this state. 11
(3) A penalty assessed under this subsection shall be deposited 12
into the Arkansas Tobacco Control Revenue Fund established under § 19 -6-831. 13
14
20-65-205. Enforcement. 15
(a)(1)(A) A nonresident manufacturer that is not registered to do 16
business in the state, as a condition precedent to having its name or its 17
vapor products or e-liquid products listed and retained in the directory 18
created under this subchapter, shall appoint and continually engage without 19
interruption a registered agent in this state for service of process on whom 20
all process and any action or proceeding arising out of the enforcement of 21
this section may be served. 22
(B) The manufacturer shall provide to the Director of 23
Arkansas Tobacco Control the name, address, and telephone number of its agent 24
for service of process and shall provide any other information relating to 25
its agent as may be requested by the director. 26
(2)(A) A manufacturer that is located outside of the United 27
States, as an additional condition precedent to having its vapor products or 28
e-liquid products listed or retained in the directory, shall cause each of 29
its importers of any of its vapor products or e -liquid products to be sold in 30
this state to appoint, and continually engage without interruption, an agent 31
in this state in accordance with the provisions of this section. 32
(B) All obligations of a manufacturer imposed by this 33
section with respect to appointment of its agent shall also apply to 34
importers with respect to appointment of their agents; and 35
(3)(A) A manufacturer shall provide written notice to the 36 As Engrossed: S2/25/25 S3/17/25 SB252
14 03-17-2025 14:55:13 JMB137
director thirty (30) days before the termination of the authority of an agent 1
appointed under subdivisions (a)(1) and (a)(2) of this section. 2
(B) No less than five (5) days before the termination of 3
an existing agent appointment, a manufacturer shall provide to the director 4
the name, address, and telephone number of its newly appointed agent for 5
service of process and shall provide any other information relating to the 6
new appointment as may be requested by the director. 7
(C) In the event an agent terminates an agency 8
appointment, the manufacturer shall notify the director of the termination 9
within five (5) days of the termination and shall include proof to the 10
satisfaction of the director of the appointment of a new agent. 11
(b)(1) Each retailer and wholesaler that sells or distributes vapor 12
products or e-liquid products in this state may be subject to unannounced 13
compliance checks or inspections for purposes of enforcing this subchapter. 14
(2) Unannounced follow -up compliance checks or inspections of 15
all noncompliant retailers and wholesalers may be conducted within ninety 16
(90) days after any violation of this subchapter. 17
(3) The director shall publish the results of all compliance 18
checks or inspections at least annually and shall make the results available 19
to the public on request. 20
(c) The director may promulgate rules necessary to effect the purposes 21
of this subchapter. 22
23
SECTION 6. Arkansas Code § 26 -57-203(4), concerning the definition of 24
"child-resistant packaging" within the Arkansas Tobacco Products Tax Act of 25
1977, is repealed to be codified in a location more suitable to the subject 26
matter. 27
(4)(A) “Child-resistant packaging” means packaging that is 28
designed or constructed to be: 29
(i) Significantly difficult for children under five 30
(5) years of age to: 31
(a) Open; or 32
(b) Obtain a toxic or harmful amount of the 33
substance contained therein within a reasonable time; and 34
(ii) Not difficult for an average adult to use 35
properly. 36 As Engrossed: S2/25/25 S3/17/25 SB252
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(B) “Child-resistant packaging” does not mean packaging 1
that children cannot open or obtain a toxic or harmful amount within a 2
reasonable time when tested in accordance with the method described in 16 3
C.F.R. § 1700.20, as it existed on January 1, 2015; 4
5
SECTION 7. Arkansas Code 26 -57-247(b), effective until the contingency 6
in Acts 2023, No. 629, § 17, is met, concerning seizure, forfeiture, and 7
disposition of tobacco products and other property, is amended to read as 8
follows: 9
(b) The Director of Arkansas Tobacco Control may seize and hold for 10
disposition of the courts or the Arkansas Tobacco Control Board all tobacco 11
products, vapor products, alternative nicotine products, or e -liquid products 12
found in the possession of a person dealing in, or a consumer of, tobacco 13
products, vapor products, alternative nicotine products, or e -liquid products 14
if: 15
(1) Prima facie evidence exists that the full amount of excise 16
tax due on the tobacco products has not been paid to the Secretary of the 17
Department of Finance and Administration; 18
(2) Tobacco products, vapor products, alternative nicotine 19
products, or e-liquid products are in the possession of a wholesaler who does 20
not possess a current Arkansas wholesale permit; 21
(3) A retail establishment does not possess a current Arkansas 22
retail permit; or 23
(4) The tobacco products, vapor products, alternative nicotine 24
products, or e-liquid products have been offered for sale to the public at 25
another location without a current Arkansas retail permit .; or 26
(5) Tobacco products, vapor products, alternative nicotine 27
products, or e-liquid products are possessed, sold, or offered for sale in 28
violation of § 20-65-101 et seq. 29
30
SECTION 8. Arkansas Code 26 -57-247(b), effective when the contingency 31
in Acts 2023, No. 629, § 17, is met, concerning seizure, forfeiture, and 32
disposition of tobacco products and other property, is amended to read as 33
follows: 34
(b) The Director of Arkansas Tobacco Control may seize and hold for 35
disposition of the courts or the Arkansas Tobacco Control Board all tobacco 36 As Engrossed: S2/25/25 S3/17/25 SB252
16 03-17-2025 14:55:13 JMB137
products, vapor products, alternative nicotine products, e -liquid products, 1
or hemp-derived products found in the possession of a person dealing in, or a 2
consumer of, tobacco products, vapor products, alternative nicotine products, 3
e-liquid products, or hemp -derived products if: 4
(1) Prima facie evidence exists that the full amount of excise 5
tax due on the tobacco products has not been paid to the Secretary of the 6
Department of Finance and Administration; 7
(2) Tobacco products, vapor products, alternative nicotine 8
products, or e-liquid products are in the possession of a wholesaler who does 9
not possess a current Arkansas wholesale permit; 10
(3) A retail establishment does not possess a current Arkansas 11
retail permit; 12
(4) The tobacco products, vapor products, alternative nicotine 13
products, or e-liquid products have been offered for sale to the public at 14
another location without a current Arkansas retail permit; or 15
(5) Hemp-derived products are possessed, sold, or offered for 16
sale in violation of § 20 -56-401 et seq.; or 17
(6) Tobacco products, vapor products, alternative nicotine 18
products, or e-liquid products are possessed, sold, or offered for sale in 19
violation of § 20-65-101 et seq. 20
21
SECTION 9. Arkansas Code § 26 -57-254 is repealed to be codified in a 22
location more suitable to the subject matter. 23
26-57-254. Safety inspections on permitted products — Restrictions on 24
use of e-liquid products and alternative nicotine products — Definitions. 25
(a) In order to assure that the citizens of this state receive only 26
tobacco products, vapor products, alternative nicotine products, or e -liquid 27
products that are fresh and not contaminated, and to ensure the safety of 28
Arkansas youth, the Director of Arkansas Tobacco Control is authorized under 29
this subchapter to: 30
(1) Inspect or cause to be inspected any tobacco product, vapor 31
product, alternative nicotine product, or e -liquid container in places of 32
storage or distribution authorized under this subchapter; and 33
(2) Require any tobacco products, vapor products, alternative 34
nicotine products, or e -liquid containers found to be contaminated, damaged, 35
or not fresh be removed from stock and be either returned to the proper 36 As Engrossed: S2/25/25 S3/17/25 SB252
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wholesaler or manufacturer for disposal according to law or delivered to the 1
Director of Arkansas Tobacco Control for destruction or disposal. 2
(b)(1) It is a violation for any person to use a tobacco product, 3
vapor product, alternative nicotine product, or e -liquid product in or on the 4
grounds of any school, childcare facility, or healthcare facility. 5
(2) As used in subdivision (b)(1) of this section: 6
(A) “Childcare facility” means the same as provided in § 7
20-78-202(2); 8
(B) “Healthcare facility” means the same as provided in § 9
20-27-1803(6); and 10
(C) “School” means: 11
(i) Any buildings, parking lots, playing fields, 12
playgrounds, school buses, or other school vehicles; or 13
(ii) Any off-campus school-sponsored or school-14
sanctioned events with respect to any public, charter, or private school 15
where children attend classes in kindergarten programs or grades one through 16
twelve (1-12). 17
(c) On and after July 22, 2015, all alternative nicotine products and 18
e-liquid containers containing nicotine sold at retail in this state shall 19
satisfy the child-resistant packaging effectiveness standards described in § 20
26-57-203 when tested in accordance with the method described by 16 C.F.R. § 21
1700.20, as it existed on January 1, 2015. 22
(d) As used in this section, “e -liquid container” means a bottle or 23
other container of e -liquid that is sold or provided for mixing at retail and 24
is marketed or intended for use in a vapor product, but does not include e -25
liquid contained in a cartridge that is sold, marketed, or intended for use 26
in a vapor product if the cartridge is prefilled and sealed by the 27
manufacturer and is not intended to be opened by the consumer. 28
29
SECTION 10. Arkansas Code 26 -57-255(g)(3)(A)-(C), effective until the 30
contingency in Acts 2023, No. 629, § 17, is met, concerning the creation of 31
the Arkansas Tobacco Control Board, are amended to read as follows: 32
(3)(A) Conduct public hearings when appropriate regarding a 33
permit authorized under this subchapter or in violation of this subchapter, 34
the Unfair Cigarette Sales Act, § 4 -75-701 et seq., § 5-27-227, § 20-65-101 35
et seq., or any other federal, state, or local statute, ordinance, rule, or 36 As Engrossed: S2/25/25 S3/17/25 SB252
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regulation concerning the sale of tobacco products, vapor products, 1
alternative nicotine products, or e -liquid products to minors or the rules 2
promulgated by Arkansas Tobacco Control. 3
(B) After notice and hearing held in accordance with the 4
Arkansas Administrative Procedure Act, § 25 -15-201 et seq., if the board 5
finds a violation of this subchapter, the Unfair Cigarette Sales Act, § 4 -75-6
701 et seq., § 20-65-101 et seq., or the rules promulgated by Arkansas 7
Tobacco Control, the board may suspend or revoke any or all permits issued by 8
the director to any person. 9
(C)(i) The board may levy a civil penalty in an amount not 10
to exceed five thousand dollars ($5,000) for each violation against a person 11
found to be in violation of this subchapter, the Unfair Cigarette Sales Act, 12
§ 4-75-701 et seq., § 20-65-101 et seq., or the rules promulgated by Arkansas 13
Tobacco Control. 14
(ii) The board shall levy a civil penalty in 15
accordance with the guidelines set out in § 20 -65-204 for a violation of § 16
20-65-204. 17
18
SECTION 11. Arkansas Code 26 -57-255(g)(3)(A)-(C), effective when the 19
contingency in Acts 2023, No. 629, § 17, is met, concerning the creation of 20
the Arkansas Tobacco Control Board, are amended to read as follows: 21
(3)(A) Conduct public hearings when appropriate regarding a 22
permit authorized under this subchapter or in violation of this subchapter, 23
the Unfair Cigarette Sales Act, § 4 -75-701 et seq., § 5-27-227, § 20-56-401 24
et seq., § 20-65-101 et seq., or any other federal, state, or local statute, 25
ordinance, rule, or regulation concerning the sale of tobacco products, vapor 26
products, alternative nicotine products, e -liquid products, or hemp -derived 27
products to minors or the rules promulgated by Arkansas Tobacco Control. 28
(B) After notice and hearing held in accordance with the 29
Arkansas Administrative Procedure Act, § 25 -15-201 et seq., if the board 30
finds a violation of this subchapter, the Unfair Cigarette Sales Act, § 4 -75-31
701 et seq., § 20-56-401 et seq., § 20-65-101 et seq., or the rules 32
promulgated by Arkansas Tobacco Control, the board may suspend or revoke any 33
or all permits issued by the director to any person. 34
(C)(i) The board may levy a civil penalty in an amount not 35
to exceed five thousand dollars ($5,000) for each violation against a person 36 As Engrossed: S2/25/25 S3/17/25 SB252
19 03-17-2025 14:55:13 JMB137
found to be in violation of this subchapter, the Unfair Cigarette Sales Act, 1
§ 4-75-701 et seq., § 20-56-401 et seq., § 20-65-101 et seq., or the rules 2
promulgated by Arkansas Tobacco Control. 3
(ii) The board shall levy a civil penalty in 4
accordance with the guidelines set out in § 20 -65-204 for a violation of § 5
20-65-204. 6
7
SECTION 12. Arkansas Code 26 -57-256(a), effective until the 8
contingency in Acts 2023, No. 629, § 17, is met, concerning the powers of 9
Arkansas Tobacco Control, is amended to add an additional subdivision to read 10
as follows: 11
(7) Develop and maintain a directory as described under § 20 -65-12
202. 13
14
SECTION 13. Arkansas Code 26 -57-256(a), effective when the contingency 15
in Acts 2023, No. 629, § 17, is met, concerning the powers of Arkansas 16
Tobacco Control, is amended to add an additional subdivision to read as 17
follows: 18
(7) Develop and maintain a directory as described under § 20 -65-19
202. 20
21
/s/J. Dismang 22
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APPROVED: 4/14/25 25
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