(a) (1) Each certifying manufacturer shall pay an initial fee of five hundred dollars ($500) for each brand family of vapor products or e-liquid products to offset the costs incurred by Arkansas Tobacco Control for processing the certifications and operating the directory under § 20-65-202.(2) The Director of Arkansas Tobacco Control shall collect an annual fee of two hundred fifty dollars ($250) for each brand family of vapor products or e-liquid products to offset the costs associated with maintaining the directory and satisfying the requirements of this subchapter.(3) Any certification fees collected under this section shall be deposited into the Arkansas Tobacco Control Revenue Fund established under § 19-43-303.
(1) Each certifying manufacturer shall pay an initial fee of five hundred dollars ($500) for each brand family of vapor products or e-liquid products to offset the costs incurred by Arkansas Tobacco Control for processing the certifications and operating the directory under § 20-65-202.
(2) The Director of Arkansas Tobacco Control shall collect an annual fee of two hundred fifty dollars ($250) for each brand family of vapor products or e-liquid products to offset the costs associated with maintaining the directory and satisfying the requirements of this subchapter.
(3) Any certification fees collected under this section shall be deposited into the Arkansas Tobacco Control Revenue Fund established under § 19-43-303.
(b) (1) If a manufacturer can demonstrate to the director that the United States Food and Drug Administration has issued a rule, guidance, or any other formal statement that temporarily exempts a vapor product or e-liquid product from the federal premarket tobacco application requirements, the vapor product or e-liquid product may be added to the directory upon request by the manufacturer if the manufacturer provides sufficient evidence that the vapor product or e-liquid product is compliant with the federal rule, guidance, or other formal statement, as applicable.(2) On and after November 1, 2025, or on the date that Arkansas Tobacco Control first makes the directory available for public inspection on its website as provided in § 20-65-202, whichever is later, a manufacturer who offers for sale a vapor product or e-liquid product that is not listed on the directory is subject to a civil penalty of one thousand dollars ($1,000) for each vapor product or e-liquid product offered for sale in violation of § 20-65-202 until the vapor product or e-liquid product is removed from the market or properly listed on the directory.(3) In addition to any penalty prescribed by law, a corporation, partnership, sole proprietor, limited partnership, or association engaged in the manufacture of vapor products or e-liquid products that knowingly makes a false certification under this subchapter is subject to a civil penalty of not less than seventy-five thousand dollars ($75,000) but not more than two hundred fifty thousand dollars ($250,000) for each false certification.(4) A repeated violation of this section shall constitute a deceptive trade practice under § 4-88-101 et seq.(5) Beginning on November 1, 2025, or on the date that Arkansas Tobacco Control first makes the directory available for public inspection on its website under this subchapter, whichever is later, and subject to subdivisions (b)(7) and (b)(8) of this section, it is unlawful for any person or entity to sell, offer, or possess in this state, or import for personal consumption in this state, a vapor product or an e-liquid product that the person or entity knows is not included in the directory maintained by the director under this subchapter.(6) A person or entity is deemed to have received notice that a manufacturer is not included in the directory maintained by Arkansas Tobacco Control at the time Arkansas Tobacco Control's website fails to list any manufacturer in the directory or at the time the director removes the manufacturer from the directory.(7) If a vapor product or e-liquid product or a manufacturer of a vapor product or e-liquid product is removed from the directory established and maintained by the director under § 20-65-202, each wholesaler shall have sixty (60) days from the date the vapor product or e-liquid product is removed from the directory to remove any vapor product or e-liquid product from the wholesaler's inventory and physical location where the wholesaler takes orders for, receives orders for, or sells the vapor product or e-liquid product.(8) If a vapor product or e-liquid product or a manufacturer of a vapor product or e-liquid product is removed from the directory established and maintained by the director under § 20-65-202, each retailer shall have one hundred twenty (120) days from the date any vapor product or e-liquid product is removed from the directory to sell or remove the vapor product or e-liquid product from the retailer's inventory and permitted location.
(1) If a manufacturer can demonstrate to the director that the United States Food and Drug Administration has issued a rule, guidance, or any other formal statement that temporarily exempts a vapor product or e-liquid product from the federal premarket tobacco application requirements, the vapor product or e-liquid product may be added to the directory upon request by the manufacturer if the manufacturer provides sufficient evidence that the vapor product or e-liquid product is compliant with the federal rule, guidance, or other formal statement, as applicable.
(2) On and after November 1, 2025, or on the date that Arkansas Tobacco Control first makes the directory available for public inspection on its website as provided in § 20-65-202, whichever is later, a manufacturer who offers for sale a vapor product or e-liquid product that is not listed on the directory is subject to a civil penalty of one thousand dollars ($1,000) for each vapor product or e-liquid product offered for sale in violation of § 20-65-202 until the vapor product or e-liquid product is removed from the market or properly listed on the directory.
(3) In addition to any penalty prescribed by law, a corporation, partnership, sole proprietor, limited partnership, or association engaged in the manufacture of vapor products or e-liquid products that knowingly makes a false certification under this subchapter is subject to a civil penalty of not less than seventy-five thousand dollars ($75,000) but not more than two hundred fifty thousand dollars ($250,000) for each false certification.
(4) A repeated violation of this section shall constitute a deceptive trade practice under § 4-88-101 et seq.
(5) Beginning on November 1, 2025, or on the date that Arkansas Tobacco Control first makes the directory available for public inspection on its website under this subchapter, whichever is later, and subject to subdivisions (b)(7) and (b)(8) of this section, it is unlawful for any person or entity to sell, offer, or possess in this state, or import for personal consumption in this state, a vapor product or an e-liquid product that the person or entity knows is not included in the directory maintained by the director under this subchapter.
(6) A person or entity is deemed to have received notice that a manufacturer is not included in the directory maintained by Arkansas Tobacco Control at the time Arkansas Tobacco Control's website fails to list any manufacturer in the directory or at the time the director removes the manufacturer from the directory.
(7) If a vapor product or e-liquid product or a manufacturer of a vapor product or e-liquid product is removed from the directory established and maintained by the director under § 20-65-202, each wholesaler shall have sixty (60) days from the date the vapor product or e-liquid product is removed from the directory to remove any vapor product or e-liquid product from the wholesaler's inventory and physical location where the wholesaler takes orders for, receives orders for, or sells the vapor product or e-liquid product.
(8) If a vapor product or e-liquid product or a manufacturer of a vapor product or e-liquid product is removed from the directory established and maintained by the director under § 20-65-202, each retailer shall have one hundred twenty (120) days from the date any vapor product or e-liquid product is removed from the directory to sell or remove the vapor product or e-liquid product from the retailer's inventory and permitted location.
(c) (1) In addition to the other fines and forfeitures, a person who violates this section may be subject to a penalty for vapor products or e-liquid products held, sold, or offered for sale and confiscated by Arkansas Tobacco Control in the amount of:(A) Twenty-five dollars ($25.00) for each individual vapor product or e-liquid product up to twenty (20) individual vapor products or e-liquid products; and(B) Fifty dollars ($50.00) for each individual vapor product or e-liquid product in excess of twenty (20) individual vapor products or e-liquid products.(2) The penalty under subdivision (c)(1) of this section shall be held to be in the nature of a civil penalty and may be collected by civil or administrative action and may be levied by the Arkansas Tobacco Control Board or any circuit court having jurisdiction in this state.(3) A penalty assessed under this subsection shall be deposited into the Arkansas Tobacco Control Revenue Fund established under § 19-43-303.
(1) In addition to the other fines and forfeitures, a person who violates this section may be subject to a penalty for vapor products or e-liquid products held, sold, or offered for sale and confiscated by Arkansas Tobacco Control in the amount of:(A) Twenty-five dollars ($25.00) for each individual vapor product or e-liquid product up to twenty (20) individual vapor products or e-liquid products; and(B) Fifty dollars ($50.00) for each individual vapor product or e-liquid product in excess of twenty (20) individual vapor products or e-liquid products.
(A) Twenty-five dollars ($25.00) for each individual vapor product or e-liquid product up to twenty (20) individual vapor products or e-liquid products; and
(B) Fifty dollars ($50.00) for each individual vapor product or e-liquid product in excess of twenty (20) individual vapor products or e-liquid products.
(2) The penalty under subdivision (c)(1) of this section shall be held to be in the nature of a civil penalty and may be collected by civil or administrative action and may be levied by the Arkansas Tobacco Control Board or any circuit court having jurisdiction in this state.
(3) A penalty assessed under this subsection shall be deposited into the Arkansas Tobacco Control Revenue Fund established under § 19-43-303.