An Act
ENROLLED 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 pr oviding an
effective date.
SUBJECT: Tobacco and vapor products
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
Enforcement (ABLE) Commission certifying that, as of the date of
such attestation:
1. The vapor product was availabl e 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
ENR. H. B. NO. 2511 Page 2
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 ABLE Commission w ithin
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 temporarily 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 listed
in such attestations. The AB LE Commission shall:
1. Make the directory available for public inspection on its
website on or before October 1, 2022; and
2. 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 indirectly,
to knowingly manufacture, distribute, sell, barter, or furnish in
this state any vapor product that is not included in the direct ory.
SECTION 2. This act shall become effective November 1, 2021.
ENR. H. B. NO. 2511 Page 3
Passed the House of Representatives the 11th day of March, 2021.
Presiding Officer of the House
of Representatives
Passed the Senate the 19th day of April, 2021.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Gove rnor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secret ary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________