Req. No. 7019 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 2511 By: Kannady
AS INTRODUCED
An Act relating to tobacco and vapor products;
requiring retailers to verify purchasers ' age through
certain means; requiring vapor prod uct manufacturers
to make a certain attestation and certification to
the Alcoholic Beverage Law s Enforcement Commission;
providing for contents of the attestation; requiring
notification of material changes to the attestation;
requiring the ABLE Commission to develop, publish,
and maintain a certain directory; prohibiting certain
acts; providing for codification; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A ne w section of law to be codified
in the Oklahoma Statutes as Section 1 -229.35 of Title 63, unless
there is created a duplication in numbering, reads as follows:
Before selling a tobacco product or vapor product to a
purchaser, a retailer shall verify that t he purchaser is at least
twenty-one (21) years of age by examining a government -issued
photographic identification and performing age verification through
enhanced controls that utilize a scanning technology or other
automated, software-based system.
Req. No. 7019 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1 -229.36 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. Beginning July 1, 2022, every manufacturer of a va por
product that is sold or intended to be sold in this state, whether
directly or through a distributor, retailer, or similar intermediary
or intermediaries, shall execute and deliver an attestation under
the penalty of perjury to the Oklahoma Alcoholic B everage Laws
Enforcement (ABLE) Commission certifying that, as of the date of
such attestation:
1. The vapor product was available for purchase in the United
States as of August 8, 2016, and the manufacturer has applied for a
marketing order for the vapor product by submitting a Premarket
Tobacco Product Application on or before September 9, 2020 , to the
United States Food and Drug Administration (FDA); or
2. The manufacturer has received a marketing order or other
authorization for the vapor product from the FDA pursuant to Section
387j of Title 21 of the United States C ode.
B. The manufacturer shall notify the ABLE Commission within
thirty (30) days of any material change to the attestation,
including whether the FDA has issued or not issued a market or der or
other authorization, or has ordered the manufacturer to remove the
vapor product, either temporarily or permanently, from the United
States market.
Req. No. 7019 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
C. The ABLE Commission shall develop a directory listing all of
the manufacturers that have provided attestations that comply with
subsection A of this section and all vapor products that are li sted
in such certifications. The ABLE Commission:
1. Shall make the directory available for public inspection on
its website on or before October 1, 2022 ; and
2. Shall update the directory as necessary to correct mistakes
and to add or remove manufacturers or vapor products to maintain the
directory in conformity with the requirements of this section.
D. It shall be unlawful for any person, directly or indirect ly,
to knowingly manufacture, distribute, sell, barter , or furnish in
this state any vapor product that is not included in the directory.
SECTION 3. This act shall become effective November 1, 2021.
58-1-7019 AB 01/08/21