(a) The Director of Arkansas Tobacco Control shall develop and maintain a directory listing all manufacturers that have provided certifications that comply with this subchapter and each vapor product and e-liquid product that is listed in those certifications.
(b) The director shall:(1) Make the directory available for public inspection on Arkansas Tobacco Control's website by November 1, 2025; and(2) Update the directory to correct mistakes and add or remove manufacturers of a vapor product or e-liquid product consistent with the requirements of this section on a monthly basis.
(1) Make the directory available for public inspection on Arkansas Tobacco Control's website by November 1, 2025; and
(2) Update the directory to correct mistakes and add or remove manufacturers of a vapor product or e-liquid product consistent with the requirements of this section on a monthly basis.
(c) A person or entity is deemed to have received notice as required under subsection (d) of this section that a vapor product or e-liquid product of a manufacturer is not included in the directory maintained by Arkansas Tobacco Control under this section at the time Arkansas Tobacco Control's website fails to list any vapor product or e-liquid product in the directory or at the time the director removes the vapor product or e-liquid product from the directory.
(d) (1) (A) The director may not remove the manufacturer or its vapor product or e-liquid product from the directory until at least fifteen (15) days after the manufacturer has been given notice of an intended action.(B) Notice shall be sufficient and be deemed immediately received by a manufacturer if the notice is sent either electronically or by facsimile to an email address or facsimile number, as the case may be, provided by the manufacturer in the manufacturer's most recent certification filed under this subchapter.(2) The vapor product or e-liquid product manufacturer shall have fifteen (15) days from the date of service of the notice of the director's intended action to establish that the vapor product or e-liquid product manufacturer or its vapor product or e-liquid product should be included in the directory.(3) If after fifteen (15) days from the date of service of the notice of the director's intended action the manufacturer of the vapor product or e-liquid products remains in noncompliance, and the manufacturer has not requested a hearing before the Arkansas Tobacco Control Board within fifteen (15) days of notice of the director's intended action, the manufacturer and its vapor product or e-liquid product shall be removed from the directory.(4) Every manufacturer shall provide and update as necessary an email address to the director for the purpose of receiving any notifications required by this subchapter.
(1) (A) The director may not remove the manufacturer or its vapor product or e-liquid product from the directory until at least fifteen (15) days after the manufacturer has been given notice of an intended action.(B) Notice shall be sufficient and be deemed immediately received by a manufacturer if the notice is sent either electronically or by facsimile to an email address or facsimile number, as the case may be, provided by the manufacturer in the manufacturer's most recent certification filed under this subchapter.
(A) The director may not remove the manufacturer or its vapor product or e-liquid product from the directory until at least fifteen (15) days after the manufacturer has been given notice of an intended action.
(B) Notice shall be sufficient and be deemed immediately received by a manufacturer if the notice is sent either electronically or by facsimile to an email address or facsimile number, as the case may be, provided by the manufacturer in the manufacturer's most recent certification filed under this subchapter.
(2) The vapor product or e-liquid product manufacturer shall have fifteen (15) days from the date of service of the notice of the director's intended action to establish that the vapor product or e-liquid product manufacturer or its vapor product or e-liquid product should be included in the directory.
(3) If after fifteen (15) days from the date of service of the notice of the director's intended action the manufacturer of the vapor product or e-liquid products remains in noncompliance, and the manufacturer has not requested a hearing before the Arkansas Tobacco Control Board within fifteen (15) days of notice of the director's intended action, the manufacturer and its vapor product or e-liquid product shall be removed from the directory.
(4) Every manufacturer shall provide and update as necessary an email address to the director for the purpose of receiving any notifications required by this subchapter.
(e) (1) Beginning September 1, 2025, a vapor product or e-liquid product shall not be offered for sale in this state or sold to a person located in this state unless the manufacturer certifies before that date, on a form prescribed by the director, under penalty of perjury, that:(A) The vapor product or e-liquid product was on the market in the United States as of August 8, 2016, and the manufacturer has applied for a marketing order under 21 U.S.C. § 387j for the vapor product or e-liquid product, whichever is applicable, by submitting a premarket tobacco product application on or before September 9, 2020, and either:(i) The premarket tobacco application for the vapor product, alternative nicotine product, or e-liquid product remains under review by the United States Food and Drug Administration; or(ii) The United States Food and Drug Administration has issued a marketing denial order for the vapor product or e-liquid product, whichever is applicable, but the United States Food and Drug Administration or a federal court has issued a stay order or injunction during the pendency of the manufacturer's appeal of the marketing denial order;(B) The manufacturer has received a marketing granted order under 21 U.S.C. § 387j for the vapor product or e-liquid product from the United States Food and Drug Administration; or(C) The manufacturer is not required to submit an additional marketing granted order or premarket tobacco product application for the vapor product or e-liquid product because the vapor product or e-liquid product merely reflects changes to the name, brand family, or packaging of a vapor product or e-liquid product that is covered under subdivision (e)(1)(A) or (e)(1)(B) of this section.(2) In addition to the requirements in subdivision (e)(1) of this section, each manufacturer shall provide to Arkansas Tobacco Control a copy of the cover page of the:(A) Premarket tobacco application with evidence of receipt of the application by the United States Food and Drug Administration;(B) Document issued by the United States Food and Drug Administration or by a court confirming that the premarket tobacco product application has received a marketing denial order that has been and remains stayed by the United States Food and Drug Administration or court order, rescinded by the United States Food and Drug Administration, or vacated by a court; or(C) Marketing granted order issued under 21 U.S.C. § 387j.(3) (A) The information submitted by the manufacturer under subdivision (e)(2) of this section shall be considered confidential commercial or financial information for purposes of the Freedom of Information Act of 1967, § 25-19-101 et seq.(B) The manufacturer may redact certain confidential commercial or financial information provided under subdivision (e)(2) of this section.(C) The director shall not disclose confidential commercial or financial information except as required or authorized by law.
(1) Beginning September 1, 2025, a vapor product or e-liquid product shall not be offered for sale in this state or sold to a person located in this state unless the manufacturer certifies before that date, on a form prescribed by the director, under penalty of perjury, that:(A) The vapor product or e-liquid product was on the market in the United States as of August 8, 2016, and the manufacturer has applied for a marketing order under 21 U.S.C. § 387j for the vapor product or e-liquid product, whichever is applicable, by submitting a premarket tobacco product application on or before September 9, 2020, and either:(i) The premarket tobacco application for the vapor product, alternative nicotine product, or e-liquid product remains under review by the United States Food and Drug Administration; or(ii) The United States Food and Drug Administration has issued a marketing denial order for the vapor product or e-liquid product, whichever is applicable, but the United States Food and Drug Administration or a federal court has issued a stay order or injunction during the pendency of the manufacturer's appeal of the marketing denial order;(B) The manufacturer has received a marketing granted order under 21 U.S.C. § 387j for the vapor product or e-liquid product from the United States Food and Drug Administration; or(C) The manufacturer is not required to submit an additional marketing granted order or premarket tobacco product application for the vapor product or e-liquid product because the vapor product or e-liquid product merely reflects changes to the name, brand family, or packaging of a vapor product or e-liquid product that is covered under subdivision (e)(1)(A) or (e)(1)(B) of this section.
(A) The vapor product or e-liquid product was on the market in the United States as of August 8, 2016, and the manufacturer has applied for a marketing order under 21 U.S.C. § 387j for the vapor product or e-liquid product, whichever is applicable, by submitting a premarket tobacco product application on or before September 9, 2020, and either:(i) The premarket tobacco application for the vapor product, alternative nicotine product, or e-liquid product remains under review by the United States Food and Drug Administration; or(ii) The United States Food and Drug Administration has issued a marketing denial order for the vapor product or e-liquid product, whichever is applicable, but the United States Food and Drug Administration or a federal court has issued a stay order or injunction during the pendency of the manufacturer's appeal of the marketing denial order;
(i) The premarket tobacco application for the vapor product, alternative nicotine product, or e-liquid product remains under review by the United States Food and Drug Administration; or
(ii) The United States Food and Drug Administration has issued a marketing denial order for the vapor product or e-liquid product, whichever is applicable, but the United States Food and Drug Administration or a federal court has issued a stay order or injunction during the pendency of the manufacturer's appeal of the marketing denial order;
(B) The manufacturer has received a marketing granted order under 21 U.S.C. § 387j for the vapor product or e-liquid product from the United States Food and Drug Administration; or
(C) The manufacturer is not required to submit an additional marketing granted order or premarket tobacco product application for the vapor product or e-liquid product because the vapor product or e-liquid product merely reflects changes to the name, brand family, or packaging of a vapor product or e-liquid product that is covered under subdivision (e)(1)(A) or (e)(1)(B) of this section.
(2) In addition to the requirements in subdivision (e)(1) of this section, each manufacturer shall provide to Arkansas Tobacco Control a copy of the cover page of the:(A) Premarket tobacco application with evidence of receipt of the application by the United States Food and Drug Administration;(B) Document issued by the United States Food and Drug Administration or by a court confirming that the premarket tobacco product application has received a marketing denial order that has been and remains stayed by the United States Food and Drug Administration or court order, rescinded by the United States Food and Drug Administration, or vacated by a court; or(C) Marketing granted order issued under 21 U.S.C. § 387j.
(A) Premarket tobacco application with evidence of receipt of the application by the United States Food and Drug Administration;
(B) Document issued by the United States Food and Drug Administration or by a court confirming that the premarket tobacco product application has received a marketing denial order that has been and remains stayed by the United States Food and Drug Administration or court order, rescinded by the United States Food and Drug Administration, or vacated by a court; or
(C) Marketing granted order issued under 21 U.S.C. § 387j.
(3) (A) The information submitted by the manufacturer under subdivision (e)(2) of this section shall be considered confidential commercial or financial information for purposes of the Freedom of Information Act of 1967, § 25-19-101 et seq.(B) The manufacturer may redact certain confidential commercial or financial information provided under subdivision (e)(2) of this section.(C) The director shall not disclose confidential commercial or financial information except as required or authorized by law.
(A) The information submitted by the manufacturer under subdivision (e)(2) of this section shall be considered confidential commercial or financial information for purposes of the Freedom of Information Act of 1967, § 25-19-101 et seq.
(B) The manufacturer may redact certain confidential commercial or financial information provided under subdivision (e)(2) of this section.
(C) The director shall not disclose confidential commercial or financial information except as required or authorized by law.