REFERENCE TITLE: accreditation standards; vaping-related entities State of Arizona Senate Fifty-seventh Legislature First Regular Session 2025 SB 1445 Introduced by Senators Shamp: Gowan, Ortiz An Act amending title 36, chapter 6, Arizona Revised Statutes, by adding article 9.1; relating to public health. (TEXT OF BILL BEGINS ON NEXT PAGE)
REFERENCE TITLE: accreditation standards; vaping-related entities
State of Arizona Senate Fifty-seventh Legislature First Regular Session 2025
SB 1445
Introduced by Senators Shamp: Gowan, Ortiz
REFERENCE TITLE: accreditation standards; vaping-related entities
State of Arizona
Senate
Fifty-seventh Legislature
First Regular Session
2025
SB 1445
Introduced by
Senators Shamp: Gowan, Ortiz
An Act
amending title 36, chapter 6, Arizona Revised Statutes, by adding article 9.1; relating to public health.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona: Section 1. Title 36, chapter 6, Arizona Revised Statutes, is amended by adding article 9.1, to read: ARTICLE 9.1. ACCREDITATION OF VAPING-RELATED ENTITIES START_STATUTE36-794. Definitions In this article, unless the context otherwise requires: 1. "Advertisement": (a) Includes any written or verbal statement, illustration or depiction that is calculated to induce sales of vapor products, including any written, printed, graphic or other material, billboard, sign or other outdoor display, public transit card, other periodical literature or publication or radio or television broadcast or any other media. (b) Does not include: (i) Any label that is affixed to any e-liquid or vapor product, or any individual covering, carton or other wrapper of a bottle that constitutes a part of the labeling under this article. (ii) Any editorial or other reading material in any periodical or publication or newspaper for the publication of which no money or valuable consideration is paid or promised, directly or indirectly, by any permittee, and which is not written by or at the direction of the permittee. 2. "Applicant" means a nonprofit entity that applies for a permit pursuant to this article. 3. "Department" means the department of health services. 4. "Distributor" means a person that has a permit to either: (a) Distribute, sell, barter or exchange e-liquid or vapor products in this state for resale. (b) Purchase e-liquid or vapor products directly from a manufacturer or distributor for resale in this state. 5. "E-liquid" means a solution that: (a) Contains propylene glycol, vegetable glycerin, nicotine and flavorings and that is intended to be used in a vapor product. (b) Does not include cannabis, tetrahydrocannabinol, cannabidiol or hemp. 6. "Flavoring" means a food-grade additive or synthetic flavoring substance that is used to add flavor. 7. "Manufacturer" means a person that is located in this state, including any repacker or relabeler, and that is engaged in manufacturing e-liquids or vapor products. 8. "Manufacturing" means the process by which an e-liquid or vapor product is fabricated, assembled, packaged or labeled and is sealed in final packaging intended for consumer use. 9. "Market" or "marketing" means any act or process of promoting or selling vapor products, including sponsorship of sporting events, point-of-sale advertising and promotion of products that are specifically designed to appeal to certain demographics. 10. "Minor" means an individual who is under eighteen years of age. 11. "Packaging" means any receptacle that contains a finished e-liquid or vapor product. 12. "Permit" means a written authorization that is issued by the department entitling the holder to accredit manufacturers, distributors or retailers that sell or otherwise deal in e-liquid or vapor products as provided in this article. 13. "Retailer" means a person, other than a manufacturer or distributor, that in the ordinary course of the person's regular trade or business both: (a) Acquires any form of e-liquid or vapor products for resale to an end consumer. (b) Sells an e-liquid or a vapor product to another person for money or other consideration. 14. "Sale" or "sell" means to give away, barter, exchange or otherwise furnish any e-liquid or vapor product to any individual who is not a minor. 15. "Vapor product" means an electronic device that converts e-liquid to a vapor that is intended for inhalation and that may or may not contain e-liquid. END_STATUTE START_STATUTE36-794.01. Permit; application; fees A person who wishes to accredit manufacturers, distributors or retailers pursuant to this article shall apply to the department for a permit as prescribed in this section. The department shall grant or deny the applicant's completed permit application within sixty days after receiving the application. The department shall approve the applicant's permit application if the department determines that all the requirements under this article have been met. If the applicant's permit application is denied, the department shall notify the applicant of the reasons for the denial and the applicant may reapply within thirty days after the date of the denial. The department may not charge an application fee for a reapplication under this subsection. the department-approved application shall include at least the following: 1. The applicant's tax identification number. 2. The name, telephone number and address of the nonprofit entity. 3. The name, telephone number and address of the applicant and title of the individual representing the nonprofit entity's application. 4. Verification that the applicant has adopted standards for accreditation purposes that: (a) Comply with applicable tobacco products good manufacturing practices adopted under 21 United States Code section 387f(e). (b) Comply with the applicable ingredient listing required by 21 United States Code section 387d(a)(1). (c) Meet all other requirements in this article. 5. A nonrefundable initial application fee established by the department in rule. The fees collected under this paragraph shall be deposited, pursuant to sections 35-146 and 35-147, in the vapor products compliance fund established by section 36-794.04. END_STATUTE START_STATUTE36-794.02. Permittees; duties A. A permittee shall: 1. Design and produce a sign for accredited businesses to display that signifies the business's commitment to ethical and responsible practices for customers to recognize the businesses that uphold stringent quality, safety and age-verification standards in the production, distribution and sale of e-liquid and vapor products. 2. Review accreditation applications based on criteria, including compliance with regulatory standards, staff training on product safety and age-verification practices. 3. List accredited businesses in a publicly accessible online registry that customers can search to find trusted retailers in the customer's geographic area. B. To maintain accreditation, retailers shall undergo periodic reviews to ensure ongoing adherence to standards and provide customers confidence that they are purchasing from reputable retailers that prioritize product quality and compliance with safety regulations. C. A permittee may charge fees for the permittee's accreditation services.END_STATUTE START_STATUTE36-794.03. Accreditation standards For the purposes of accreditation, a permittee shall adopt accreditation standards that: 1. Prohibit product names, cartoons or other imagery and promotional items and other advertising content that may appeal or be directed to minors. 2. Prohibit marketing, including television, print and radio advertising, event marketing or sponsorships, for vapor products if more than fifteen percent of the retailer's audience are minors or if directed toward minors. For local or state advertising, the content must be directed toward persons who are at least eighteen years of age. 3. Require a zero tolerance policy for vapor products that use in commerce names, imagery or designs that intentionally mimic, play on, invoke or otherwise infringe on existing trademarks, trade names or trade dress, particularly if associated with products that are or were primarily marketed to minors. 4. Prohibit vapor products being portrayed in any way as a smoking cessation device or as a product that may be used to help quit smoking. 5. Prohibit marketing vapor products as providing a therapeutic value, as being safe or healthy for consumers or as a product that does not produce secondhand health effects. 6. Prohibit marketing or selling vapor products that use modified risk descriptors or claims, including "light," "low," or "mild". 7. Require accurate representation of the ingredients contained in the vapor products and in any e-liquid. 8. Address consumer deception. 9. Ensure that all product sampling is restricted to adults and follows all applicable laws. 10. Prohibit the use of health professionals to market or otherwise endorse their vapor products, directly or indirectly. 11. Prohibit vapor product marketing that is intentionally directed toward persons who are current users of tobacco products and designed to encourage nontobacco users to start using vapor products. 12. Ensure that contracted spokespeople and individuals endorsing vapor products on a company's behalf be and appear to be at least twenty-five years of age. 13. Prohibit billboard advertisements that promote or market vapor products within five hundred feet of any elementary or secondary school, youth oriented facility or child care facility. END_STATUTE START_STATUTE36-794.04. Vapor products compliance fund The vapor products COMPLIANCE fund is established consisting of application fees collected pursuant to section 36-794.01. The department shall administer the fund. Monies in the fund are subject to legislative appropriation. The DEPARTMENT may use the monies in the fund for the enforcement of this article. END_STATUTE Sec. 2. Rulemaking The department of health services shall adopt any rules necessary to implement this act. Sec. 3. Short title This act may be cited as the "Youth Protection and Marketing Integrity for Vapor Products Act".
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 36, chapter 6, Arizona Revised Statutes, is amended by adding article 9.1, to read:
ARTICLE 9.1. ACCREDITATION OF VAPING-RELATED ENTITIES
START_STATUTE36-794. Definitions
In this article, unless the context otherwise requires:
1. "Advertisement":
(a) Includes any written or verbal statement, illustration or depiction that is calculated to induce sales of vapor products, including any written, printed, graphic or other material, billboard, sign or other outdoor display, public transit card, other periodical literature or publication or radio or television broadcast or any other media.
(b) Does not include:
(i) Any label that is affixed to any e-liquid or vapor product, or any individual covering, carton or other wrapper of a bottle that constitutes a part of the labeling under this article.
(ii) Any editorial or other reading material in any periodical or publication or newspaper for the publication of which no money or valuable consideration is paid or promised, directly or indirectly, by any permittee, and which is not written by or at the direction of the permittee.
2. "Applicant" means a nonprofit entity that applies for a permit pursuant to this article.
3. "Department" means the department of health services.
4. "Distributor" means a person that has a permit to either:
(a) Distribute, sell, barter or exchange e-liquid or vapor products in this state for resale.
(b) Purchase e-liquid or vapor products directly from a manufacturer or distributor for resale in this state.
5. "E-liquid" means a solution that:
(a) Contains propylene glycol, vegetable glycerin, nicotine and flavorings and that is intended to be used in a vapor product.
(b) Does not include cannabis, tetrahydrocannabinol, cannabidiol or hemp.
6. "Flavoring" means a food-grade additive or synthetic flavoring substance that is used to add flavor.
7. "Manufacturer" means a person that is located in this state, including any repacker or relabeler, and that is engaged in manufacturing e-liquids or vapor products.
8. "Manufacturing" means the process by which an e-liquid or vapor product is fabricated, assembled, packaged or labeled and is sealed in final packaging intended for consumer use.
9. "Market" or "marketing" means any act or process of promoting or selling vapor products, including sponsorship of sporting events, point-of-sale advertising and promotion of products that are specifically designed to appeal to certain demographics.
10. "Minor" means an individual who is under eighteen years of age.
11. "Packaging" means any receptacle that contains a finished e-liquid or vapor product.
12. "Permit" means a written authorization that is issued by the department entitling the holder to accredit manufacturers, distributors or retailers that sell or otherwise deal in e-liquid or vapor products as provided in this article.
13. "Retailer" means a person, other than a manufacturer or distributor, that in the ordinary course of the person's regular trade or business both:
(a) Acquires any form of e-liquid or vapor products for resale to an end consumer.
(b) Sells an e-liquid or a vapor product to another person for money or other consideration.
14. "Sale" or "sell" means to give away, barter, exchange or otherwise furnish any e-liquid or vapor product to any individual who is not a minor.
15. "Vapor product" means an electronic device that converts e-liquid to a vapor that is intended for inhalation and that may or may not contain e-liquid. END_STATUTE
START_STATUTE36-794.01. Permit; application; fees
A person who wishes to accredit manufacturers, distributors or retailers pursuant to this article shall apply to the department for a permit as prescribed in this section. The department shall grant or deny the applicant's completed permit application within sixty days after receiving the application. The department shall approve the applicant's permit application if the department determines that all the requirements under this article have been met. If the applicant's permit application is denied, the department shall notify the applicant of the reasons for the denial and the applicant may reapply within thirty days after the date of the denial. The department may not charge an application fee for a reapplication under this subsection. the department-approved application shall include at least the following:
1. The applicant's tax identification number.
2. The name, telephone number and address of the nonprofit entity.
3. The name, telephone number and address of the applicant and title of the individual representing the nonprofit entity's application.
4. Verification that the applicant has adopted standards for accreditation purposes that:
(a) Comply with applicable tobacco products good manufacturing practices adopted under 21 United States Code section 387f(e).
(b) Comply with the applicable ingredient listing required by 21 United States Code section 387d(a)(1).
(c) Meet all other requirements in this article.
5. A nonrefundable initial application fee established by the department in rule. The fees collected under this paragraph shall be deposited, pursuant to sections 35-146 and 35-147, in the vapor products compliance fund established by section 36-794.04. END_STATUTE
START_STATUTE36-794.02. Permittees; duties
A. A permittee shall:
1. Design and produce a sign for accredited businesses to display that signifies the business's commitment to ethical and responsible practices for customers to recognize the businesses that uphold stringent quality, safety and age-verification standards in the production, distribution and sale of e-liquid and vapor products.
2. Review accreditation applications based on criteria, including compliance with regulatory standards, staff training on product safety and age-verification practices.
3. List accredited businesses in a publicly accessible online registry that customers can search to find trusted retailers in the customer's geographic area.
B. To maintain accreditation, retailers shall undergo periodic reviews to ensure ongoing adherence to standards and provide customers confidence that they are purchasing from reputable retailers that prioritize product quality and compliance with safety regulations.
C. A permittee may charge fees for the permittee's accreditation services.END_STATUTE
START_STATUTE36-794.03. Accreditation standards
For the purposes of accreditation, a permittee shall adopt accreditation standards that:
1. Prohibit product names, cartoons or other imagery and promotional items and other advertising content that may appeal or be directed to minors.
2. Prohibit marketing, including television, print and radio advertising, event marketing or sponsorships, for vapor products if more than fifteen percent of the retailer's audience are minors or if directed toward minors. For local or state advertising, the content must be directed toward persons who are at least eighteen years of age.
3. Require a zero tolerance policy for vapor products that use in commerce names, imagery or designs that intentionally mimic, play on, invoke or otherwise infringe on existing trademarks, trade names or trade dress, particularly if associated with products that are or were primarily marketed to minors.
4. Prohibit vapor products being portrayed in any way as a smoking cessation device or as a product that may be used to help quit smoking.
5. Prohibit marketing vapor products as providing a therapeutic value, as being safe or healthy for consumers or as a product that does not produce secondhand health effects.
6. Prohibit marketing or selling vapor products that use modified risk descriptors or claims, including "light," "low," or "mild".
7. Require accurate representation of the ingredients contained in the vapor products and in any e-liquid.
8. Address consumer deception.
9. Ensure that all product sampling is restricted to adults and follows all applicable laws.
10. Prohibit the use of health professionals to market or otherwise endorse their vapor products, directly or indirectly.
11. Prohibit vapor product marketing that is intentionally directed toward persons who are current users of tobacco products and designed to encourage nontobacco users to start using vapor products.
12. Ensure that contracted spokespeople and individuals endorsing vapor products on a company's behalf be and appear to be at least twenty-five years of age.
13. Prohibit billboard advertisements that promote or market vapor products within five hundred feet of any elementary or secondary school, youth oriented facility or child care facility. END_STATUTE
START_STATUTE36-794.04. Vapor products compliance fund
The vapor products COMPLIANCE fund is established consisting of application fees collected pursuant to section 36-794.01. The department shall administer the fund. Monies in the fund are subject to legislative appropriation. The DEPARTMENT may use the monies in the fund for the enforcement of this article. END_STATUTE
Sec. 2. Rulemaking
The department of health services shall adopt any rules necessary to implement this act.
Sec. 3. Short title
This act may be cited as the "Youth Protection and Marketing Integrity for Vapor Products Act".