Oklahoma 2022 Regular Session

Oklahoma House Bill HB2511 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	An Act
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	3	+	SENATE FLOOR VERSION - HB2511 SFLR Page 1
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	29	+	SENATE FLOOR VERSION
	30	+	April 5, 2021
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	33	+	ENGROSSED HOUSE
3	34		BILL NO. 2511 By: Kannady of the House
4	35
5	36		and
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7	38		Howard of the Senate
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12	45		An Act relating to tobacco and vapor products;
13	46		requiring vapor product manufacturers to make a
14	47		certain attestation to the Alcoholic Beverage Laws
15	48		Enforcement Commission; providing for contents of the
16	49		attestation; requiring notification of material
17	50		changes to the attestation; requiring the ABLE
18	51		Commission to develop, publish, and maintain a
19	52		certain directory; prohibiting certain acts;
20	53		providing for codification; and p roviding an
21	54		effective date.
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25		-	SUBJECT: Tobacco and vapor products
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27	59		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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29	60		SECTION 1. NEW LAW A new section of law to be codified
30	61		in the Oklahoma Statutes as Section 1-229.35 of Title 63, unless
31	62		there is created a duplica tion in numbering, reads as follows:
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33	63		A. Beginning July 1, 2022, every manufacturer of a vapor
34	64		product that is sold or intended to be sold in this state, whether
35		-	directly or through a distributor, ~~retailer,~~ or similar intermediary
	65	+	directly or through a distributor, reta iler or similar intermediary
36	66		or intermediaries, shall execute and deliver an attestation under
37	67		penalty of perjury to the Oklahoma Alcoholic Beverage Laws
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	69	+	SENATE FLOOR VERSION - HB2511 SFLR Page 2
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38	95		Enforcement (ABLE) Commission certifying that, as of the date of
39	96		such attestation:
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41	97		1. The vapor product was available for purchase in the United
42	98		States as of August 8, 2016, and the manufacturer has applied for a
43	99		marketing order for the vapor product by submitting a Premarket
44	100		Tobacco Product Application on or before September 9, 2020, to the
45	101		United States Food and Drug Administration (FDA); or
46		-	ENR. H. B. NO. 2511 Page 2
47	102		2. The manufacturer has received a marketing order or other
48	103		authorization for the vapor product from the FDA pursuant to Section
49	104		387j of Title 21 of the United States Code.
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51	105		B. The manufacturer shall notify the ABL E Commission within
52		-	thirty (30) days of any material change to the attestation,
53		-	including whether the FDA has issued or not issued a market order or
54		-	other authorization or has ordered the manufacturer to remove the
55		-	vapor product, either temporarily or permanently, from the United
56		-	States market.
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	106	+	thirty (30) days of any material ch ange to the attestation including
	107	+	whether the FDA has issued or not issued a market order or other
	108	+	authorization or has ordered the manufacturer to remove the vapor
	109	+	product, either temporarily or perm anently, from the United States
	110	+	market.
58	111		C. The ABLE Commission shall develop a directory listing all of
59	112		the manufacturers that have provided attestations that comply with
60	113		subsection A of this section and all vapor products that are listed
61	114		in such attestations. The ABLE Commission shall:
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63	115		1. Make the director y available for public inspection on its
64	116		website on or before October 1, 2022; and
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	118	+	SENATE FLOOR VERSION - HB2511 SFLR Page 3
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66	144		2. Update the directory as necessary to correct mistakes and to
67	145		add or remove manufacturers or vapor products to main tain the
68	146		directory in conformity with the requirements of this section.
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70	147		D. It shall be unlawful for any person, directly or indirectly,
71		-	to knowingly manufacture, distribute, sell, barter, or furnish in
	148	+	to knowingly manufacture, distribute, sell, barter or furnish in
72	149		this state any vapor product that is not included in the directory.
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74	150		SECTION 2. This act shall become effective November 1, 2021.
75		-	ENR. H. B. NO. 2511 Page 3
76		-	Passed the House of Representatives the 11th day of March, 2021.
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81		-	Presiding Officer of the House
82		-	of Representatives
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85		-	Passed the Senate the 19th day of April, 2021.
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90		-	Presiding Officer of the Senate
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93		-	OFFICE OF THE GOVERNOR
94		-	Received by the Office of the Governor this ____________________
95		-	day of ___________________, 20_______, at _______ o'clock _______ M.
96		-	By: _________________________________
97		-	Approved by the Gove rnor of the State of Oklahoma this _________
98		-	day of ___________________, 20_______, at _______ o'clock _______ M.
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100		-
101		-	_________________________________
102		-	Governor of the State of Oklahoma
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104		-	OFFICE OF THE SECRETARY OF STATE
105		-	Received by the Office of the Secret ary of State this __________
106		-	day of ___________________, 20_______, at _______ o'clock _______ M.
107		-	By: _________________________________
108		-
	151	+	COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES
	152	+	April 5, 2021 - DO PASS