SENATE FLOOR VERSION - HB2511 SFLR Page 1
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SENATE FLOOR VERSION
April 5, 2021
ENGROSSED HOUSE
BILL NO. 2511 By: Kannady of the House
and
Howard of the Senate
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 p roviding 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 duplica tion 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, reta iler 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, 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 Code.
B. The manufacturer shall notify the ABL E Commission within
thirty (30) days of any material ch ange 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 temporarily or perm anently, 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 listed
in such attestations. The ABLE Commission shall:
1. Make the director y 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 vapor products to main tain 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 is not included in the directory.
SECTION 2. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES
April 5, 2021 - DO PASS