(a) By December 1, 2025, and annually thereafter, every licensed consumable hemp manufacturer of a consumable hemp product that is sold for retail sale in this state, whether the consumable hemp manufacturer is located in or outside this state, shall execute and deliver to the Arkansas Tobacco Control Board a certification, under penalty of perjury, on a form and in a manner prescribed by the board, that the consumable hemp manufacturer is compliant with this subchapter.
(b) The certification form shall separately list each brand name, category, product name, and flavor for each consumable hemp product that is sold in this state.
(c) (1) On and after December 1, 2025, the board shall maintain and make publicly available on its official website a directory that lists all consumable hemp manufacturers, brand names, categories, product names, and flavors for which certification forms have been submitted and approved by the board and shall update the directory at least monthly to ensure accuracy.(2) The board shall establish a process to provide licensed consumable hemp retailers, consumable hemp distributors, and consumable hemp wholesalers notice of the initial publication of the directory and changes made to the directory in the prior month.
(1) On and after December 1, 2025, the board shall maintain and make publicly available on its official website a directory that lists all consumable hemp manufacturers, brand names, categories, product names, and flavors for which certification forms have been submitted and approved by the board and shall update the directory at least monthly to ensure accuracy.
(2) The board shall establish a process to provide licensed consumable hemp retailers, consumable hemp distributors, and consumable hemp wholesalers notice of the initial publication of the directory and changes made to the directory in the prior month.
(d) After ninety (90) calendar days following publication of the directory, consumable hemp products not listed in the directory and intended for retail sale in this state are subject to seizure, forfeiture, and destruction, and shall not be purchased or sold for retail sale in this state.
(e) Any person who sells or offers for sale a consumable hemp product for retail sale in this state that is not included in the directory shall be subject to a civil penalty of up to five hundred dollars ($500) for each individual consumable hemp product offered for sale in violation of this section until the offending consumable hemp product is removed from the market or until the offending consumable hemp product is properly listed on the directory.
(f) The civil penalty collected under this section shall be deposited into the State Treasury as special revenues to the credit of the Arkansas Tobacco Control Revenue Fund.