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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 2511 By: Kannady
COMMITTEE SUBSTITUTE
An Act relating to tobacco and vapor products;
requiring vapor product manufacturers to make a
certain attestation to the Alcoholic Beverage Laws
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 new 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:
A. Beginning July 1, 2022, every manufacturer of a vapor
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
penalty of perjury to the Oklahoma Alcoholic Beverage Laws
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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, t o 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 Code.
B. The manufacturer sh all 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 order or
other authorization or has ordered the manufacturer to remove the
vapor product, either t emporarily or permanently, from the United
States market.
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 liste d
in such attestations. The ABLE Commission shall:
1. Make the directory available for public inspection on its
website on or before October 1, 2022; and
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2. Update the directory as necessary to correct mistakes and to
add or remove manufacturers or vapo r products to maintain the
directory in conformity with the requirements of this section.
D. It shall be unlawful for any person, directly or indirectly,
to knowingly manufacture, distribute, sell, barter, or furnish in
this state any vapor product that i s not included in the directory.
SECTION 2. This act shall become effective November 1, 2021.
58-1-7805 JL 02/25/21