Oklahoma 2023 Regular Session

Oklahoma House Bill HB2238 Compare Versions

Version 1 (Old)

Version 2 (New)

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2		-	HB2238 HFLR Page 1
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	2	+	Req. No. 7867 Page 1 1
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29		-	HOUSE OF REPRESENTATIVES - FLOOR VERSION
30		-
31	27		STATE OF OKLAHOMA
32	28
33	29		1st Session of the 59th Legislature (2023)
34	30
35	31		COMMITTEE SUBSTITUTE
36	32		FOR
37		-	HOUSE BILL NO. 2238 By: Ford of the House
38		-
39		-	and
40		-
41		-	Montgomery of the Senate
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43		-
	33	+	HOUSE BILL NO. 2238 By: Ford
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47	37		COMMITTEE SUBSTITUTE
48	38
49	39		An Act relating to public health; amending 63 O.S.
50	40		2021, Section 1-229.35, which relates to vapor
51	41		product reporting; modifying compliance deadlines;
52	42		and declaring an emergency .
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58		-
59	47		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
60	48		SECTION 1. AMENDATORY 63 O.S. 2021, Section 1-229.35, as
61	49		amended by Section 1, Chapter 95, O.S.L. 2022 (63 O.S. Supp. 2022,
62	50		Section 1-229.35), is amended to read as follows:
63	51		Section 1-229.35 A. Beginning July 1, 2023 2024, every
64	52		manufacturer of a vapor product that is sold or inte nded to be sold
65	53		in this state, whether directly or through a di stributor, retailer,
66	54		or similar intermediary or intermediaries, shall execute and deliver
67	55		an attestation under penalty o f perjury to the Oklahoma Alcoholic
68		-	HB2238 HFLR Page 2
69		-	BOLD FACE denotes Committee Amendments.
70		-	1
	56	+	Beverage Laws Enforcement (ABLE) Comm ission certifying that, as of
	57	+	the date of such attestation:
	58	+	1. The vapor product was available for purchase in the United
	59	+	States as of August 8, 2016, and the manufacturer has applie d for a
	60	+	marketing order for the vap or product by submitting a Premarket
	61	+	Req. No. 7867 Page 2 1
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95		-	Beverage Laws Enforcement (ABLE) Commission certifying that, as of
96		-	the date of such attestation:
97		-	1. The vapor product was available for purchase in the United
98		-	States as of August 8, 2016, and the manufacturer has applie d for a
99		-	marketing order for the vap or product by submitting a Premarket
100	86		Tobacco Product Application on or before September 9, 2020, to t he
101	87		United States Food and Drug Administration (FDA); or
102	88		2. The manufacturer has received a marketing order or other
103	89		authorization for the vapor product fr om the FDA pursuant to Section
104	90		387j of Title 21 of the United States Code.
105	91		B. The manufacturer shall notify the ABLE Commission within
106	92		thirty (30) days of any material change to the attestation,
107	93		including whether the FDA has issued or not issued a market order or
108	94		other authorization or has or dered the manufacturer to remove the
109	95		vapor product, either temp orarily or permanently, from the United
110	96		States market.
111	97		C. The ABLE Commission shall develop a directory listing all of
112	98		the manufacturers that have provide d attestations that comply with
113	99		subsection A of this section and all vapor products that are listed
114	100		in such attestations. The ABLE Commission shall:
115	101		1. Make the directory available for public inspection on its
116	102		website on or before October 1, 2023 2024; and
117		-	HB2238 HFLR Page 3
118		-	BOLD FACE denotes Committee Amendments.
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	103	+	2. Update the directory as necessa ry to correct mistakes and to
	104	+	add or remove manufacturers or va por products to maintain the
	105	+	directory in conformity with the requirements of this section.
	106	+	D. It shall be unlawful for any person, directly or indirectly ,
	107	+	to knowingly manufacture, distribute , sell, barter, or furnish in
	108	+	this state any vapor product that is not included in the directory.
	109	+	Req. No. 7867 Page 3 1
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144		-	2. Update the directory as necessary to correct mistakes and to
145		-	add or remove manufacturers or va por products to maintain the
146		-	directory in conformity with the requirements of this section.
147		-	D. It shall be unlawful for any person, directly or indirectly ,
148		-	to knowingly manufacture, distribute, sell, barter, or furnish in
149		-	this state any vapor product that is not included in the directory.
150	134		SECTION 2. It being immediately necessary for the preservation
151	135		of the public peace, health or safety, an emergency is hereby
152	136		declared to exist, by reason whereof this act shall take effect and
153	137		be in full force from and after its passage and approval.
154	138
155		-	COMMITTEE REPORT BY: COMMITTEE ON RULES, dated 03/01/2023 - DO PASS,
156		-	As Amended and Coauthored.
	139	+	59-1-7867 LRB 03/01/2023
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