An Act
ENROLLED HOUSE
BILL NO. 3615 By: Ford of the House
and
Taylor of the Senate
An Act relating to public health; amending 63 O.S.
2021, Section 1-229.35, which relates to vapor
manufacturers reporting; changing compliance
deadline; and declaring an emergency.
SUBJECT: Public health
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 1-229.35, is
amended to read as follows:
Section 1-229.35 A. Beginning July 1, 2022 2023, every
manufacturer of a vapor product that is sold or intended to be sold
in this state, whether directly or through a distributor, re tailer,
or similar intermediary or intermediaries, shall execute and deliver
an attestation under penalty of perjur y to the Oklahoma Alcoholic
Beverage Laws Enforcement (ABLE) Commission cer tifying 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 vap or 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 fr om the FDA pursuant to Section
387j of Title 21 of the United States Code.
ENR. H. B. NO. 3615 Page 2
B. The manufacturer shall notify the A BLE Commission within
thirty (30) days of any material change to the attestation,
including whether the FDA has is sued or not issued a market order or
other authorization or has ordered the manufacturer to remove the
vapor product, either temporarily or pe rmanently, from the United
States market.
C. The ABLE Commission shall develop a directory listing all of
the manufacturers that have provide d 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 directory available for public inspection on its
website on or before October 1, 2022 2023; and
2. Update the directory as necessary to corr ect mistakes and to
add or remove manufacturers or vapor products to ma intain the
directory in conformity with the requirements of this section.
D. It shall be unlawful for an y person, directly or indirectly ,
to knowingly manufacture, distribute, sell, ba rter, or furnish in
this state any vapor product that is not included i n the directory.
SECTION 2. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by re ason whereof this act shall take effect and
be in full force from and after its passage and approval. ENR. H. B. NO. 3615 Page 3
Passed the House of Representatives the 23rd day of March, 2022.
Presiding Officer of the House
of Representatives
Passed the Senate the 25th day of April, 2022.
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 Governor 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 Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________