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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 2238 By: Ford
COMMITTEE SUBSTITUTE
An Act relating to public health; amending 63 O.S.
2021, Section 1-229.35, which relates to vapor
product reporting; modifying compliance deadlines;
and declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 1-229.35, as
amended by Section 1, Chapter 95, O.S.L. 2022 (63 O.S. Supp. 2022,
Section 1-229.35), is amended to read as follows:
Section 1-229.35 A. Beginning July 1, 2023 2024, every
manufacturer of a vapor product that is sold or inte nded to be sold
in this state, whether directly or through a di stributor, retailer,
or similar intermediary or intermediaries, shall execute and deliver
an attestation under penalty o f perjury to the Oklahoma Alcoholic
Beverage Laws Enforcement (ABLE) Comm ission 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 applie d for a
marketing order for the vap or product by submitting a Premarket
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Tobacco Product Application on or before September 9, 2020, to t he
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.
B. The manufacturer shall notify the ABLE Commission within
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 or dered the manufacturer to remove the
vapor product, either temp orarily or permanently, 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, 2023 2024; and
2. Update the directory as necessa ry to correct mistakes and to
add or remove manufacturers or va por 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 directory.
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SECTION 2. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
59-1-7867 LRB 03/01/2023