Stricken language would be deleted from and underlined language would be added to present law. Act 622 of the Regular Session *JMB131* 03-20-2025 14:10:26 JMB131 State of Arkansas As Engrossed: S3/20/25 1 95th General Assembly A Bill 2 Regular Session, 2025 SENATE BILL 9 3 4 By: Senators B. Davis, C. Penzo, C. Tucker 5 By: Representative Pilkington 6 7 For An Act To Be Entitled 8 AN ACT TO CREATE THE MAKE ARKANSAS HEALTHY AGAIN ACT; 9 TO PROHIBIT A PERSON OR ENTITY FROM MANUFACTURING, 10 SELLING, DELIVERING, DISTRIBUTING, HOLDING, OR 11 OFFERING FOR SALE A FOOD PRODUCT FOR HUMAN 12 CONSUMPTION THAT CONTAINS CERTAIN SUBSTANCES; AND FOR 13 OTHER PURPOSES. 14 15 16 Subtitle 17 TO CREATE THE MAKE ARKANSAS HEALTHY 18 AGAIN ACT; AND TO PROHIBIT 19 MANUFACTURING, SELLING, DELIVERING, 20 DISTRIBUTING, HOLDING, OR OFFERING FOR 21 SALE A FOOD PRODUCT THAT CONTAINS 22 CERTAIN SUBSTANCES. 23 24 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 25 26 SECTION 1. Arkansas Code Title 20, Chapter 57, Subchapter 4, is 27 amended to add an additional section to read as follows: 28 20-57-403. Make Arkansas Healthy Again Act — Prohibited substances in 29 food products. 30 (a) This section shall be known and may be cited as the "Make Arkansas 31 Healthy Again Act". 32 (b) A person or entity shall not manufacture, sell, deliver, 33 distribute, hold, or offer for sale in commerce a food product for human 34 consumption that contains any of the following substances: 35 (1) Potassium bromate, also known as CAS no. 7758-01-2; or 36 As Engrossed: S3/20/25 SB9 2 03-20-2025 14:10:26 JMB131 (2) Propylparaben, also known as CAS no. 94-13-3. 1 (c) Upon an action brought by the Attorney General, a city attorney, a 2 county attorney, or a prosecuting attorney, a person or entity that violates 3 subsection (b) of this section is liable for a civil penalty not to exceed 4 five thousand dollars ($5,000) for a first violation, and not to exceed ten 5 thousand dollars ($10,000) for each subsequent violation. 6 7 SECTION 2. EFFECTIVE DATE. 8 This act shall be effective on and after January 1, 2028. 9 10 /s/B. Davis 11 12 13 APPROVED: 4/16/25 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36