Title 20, Public Health and Welfare

(a) This subchapter is cumulative to and does not prohibit the enactment of any other general or local laws, rules, or regulations of state or local governing authorities or local ordinances prohibiting smoking that are more restrictive than or are in direct conflict with this su…

Any person who violates any provision of this subchapter is guilty of a violation and upon conviction shall be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500).

This subchapter shall be known and may be cited as the “Arkansas Protection from Secondhand Smoke for Children Act of 2006”.

As used in this subchapter, “motor vehicle” means any motor vehicle, except a school bus, a church bus, or other public conveyance, that is required by federal or state law, rule, or regulation to be equipped with a passenger restraint system.

(a) A person shall not knowingly smoke tobacco in a motor vehicle in which a child who is less than fourteen (14) years of age is a passenger. (b) (1) A person who violates this section upon conviction is guilty of a violation and shall be punished by a fine of not more than twen…

A woman may breastfeed a child in a public place or any place where other individuals are present.

(1) As used in this subchapter:(1) “Bedding” means any mattress, upholstered spring, comforter, pad, cushion, or pillow designed and made for use in sleeping;(2) “Felt” means that the materials from which the felt was made have been carded layer upon layer by a garnett or felting…

(a) There shall be nothing in this subchapter so construed as to prevent any individual from manufacturing, renovating, or having manufactured or renovated mattresses for his or her own home or domestic use. (b) Any individual, firm, or corporation who shall so manufacture or ren…

When construing and enforcing this subchapter, the act, omission, or failure of any officer, agent, or other person acting for, or employed by, any individual, corporation, partnership, joint stock company, society, or association, within the scope of his or her employment or off…

(a) Any person, firm, or corporation who shall fail to comply with any of the provisions of this subchapter shall be guilty of a violation of this subchapter. Each mattress manufactured, remade, renovated, sold, offered for sale, delivered, consigned, or possessed with an intent …

(1) No person shall sell, offer for sale, deliver, consign for sale, or have in his or her possession with intent to sell, offer for sale, deliver, or consign for sale any article of bedding unless the bedding is labeled as follows:(1) (A) Upon each of the articles of bedding, th…

(a) Any person other than a purchaser for his or her own use who shall remove, deface, alter, or shall cause to be removed, defaced, or altered any label upon any article of bedding so labeled under the provisions of this subchapter shall be guilty of a violation thereof. (b) It …

(a) No person shall sell, offer for sale, deliver, or consign for sale or have in his or her possession with intent to sell, deliver, or consign for sale any article of bedding that has been used by or about any person having an infectious or contagious disease. (b) No person sha…

(a) It shall be unlawful and punishable by the provisions of this subchapter for any person, firm, or corporation, or their agents, to use or cause to be used in the manufacture or renovation of mattresses materials of any description, in whole or part, that have been used in or …

(a) It is made the duty of the State Board of Health to promulgate and publish rules prescribing the method of sterilization that may be used by those engaged in the manufacturing of mattresses and bedding or in the renovation thereof. (b) All persons, firms, or corporations who …

This subchapter shall be known and may be cited as the “Arkansas Cigarette Fire Safety Standard Act”.

The purpose of this subchapter is to make the laws of this state with regard to cigarette fire safety uniform with the laws of those states that have enacted reduced cigarette ignition propensity laws as of January 1, 2010.

(1) As used in this subchapter:(1) “Cigarette” means:(A) A roll of tobacco wrapped in paper or in a substance not containing tobacco; or(B) A roll of tobacco wrapped in a substance containing tobacco that because of its appearance, the type of tobacco used in the filler, or its p…

(a) Except as provided in subsection (h) of this section, cigarettes shall not be offered for sale in this state or offered for sale or sold to persons located in this state unless:(1) The cigarettes have been tested in accordance with the test method and meet the performance sta…

(a) A manufacturer shall submit to the Director of Arkansas Tobacco Control a written certification attesting that each cigarette listed in the certification:(1) Has been tested within the last thirty-six (36) months in accordance with § 20-27-2104; and(2) Meets the performance s…

(a) (1) Cigarettes that are certified by a manufacturer under § 20-27-2105 shall be marked to indicate compliance with the requirements of § 20-27-2104.(2) The marking shall be in 8-point type or larger and consist of the letters “FSC”, which signifies Fire Standard Compliant, pe…

(a) (1) A manufacturer, wholesaler, or any other person or entity that knowingly sells or offers to sell cigarettes, other than through retail sale, in violation of § 20-27-2104 is subject to a civil penalty in an amount not to exceed one hundred dollars ($100) for each pack of s…

(a) The Director of Arkansas Tobacco Control may promulgate rules under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., necessary to effectuate the purposes of this subchapter. (b) (1) The Secretary of the Department of Finance and Administration, the director, an…

(a) To enforce the provisions of this subchapter, the Attorney General, the Secretary of the Department of Finance and Administration, the Director of Arkansas Tobacco Control, and their authorized representatives may examine the books, papers, invoices, and other records of a pe…

(1) This subchapter does not prohibit a person or entity from manufacturing or selling cigarettes that do not meet the requirements of § 20-27-2104 if:(1) The cigarettes:(A) Are or will be stamped for sale in another state; or(B) Are packaged for sale outside the United States; a…

This subchapter shall be repealed if a federal reduced cigarette ignition propensity standard is adopted and becomes effective.

This subchapter preempts any local law, ordinance, or regulation that conflicts with any provision of this subchapter or any policy of the state implemented in accordance with this subchapter and, notwithstanding any other provision of law, a governmental unit of this state may n…

(1) As used in this subchapter:(1) “Consumer” means an individual who is provided access to a tanning facility;(2) (A) “Operator” means an individual designated by the tanning facility owner or tanning equipment lessee to operate or to assist and instruct the consumer in the oper…

Before allowing an initial exposure at a tanning facility of a person under eighteen (18) years of age, the owner or operator shall witness the person's parent or legal guardian signing and dating a warning statement as follows: “WARNING STATEMENT This statement must be read and …

(a) As used in this section, “imitation firearm” means a toy that is identical in appearance to an original firearm that was manufactured, designed, and produced after 1898, including only:(1) Air-soft guns firing nonmetallic projectiles;(2) Replica nonguns; and(3) Water guns. (1…

(a) Except as provided under subsection (b) of this section, it is unlawful to sell or offer for sale within this state, by mail or in any other manner, an imitation firearm. (b) A person may sell or offer for sale an imitation firearm if the device is sold solely for purposes of…

(1) The General Assembly finds that:(1) Herbal snuff is a tobaccoless snuff, available as loose composition or in pouches, that is primarily marketed as an adult alternative for moist smokeless tobacco;(2) Herbal snuff is marketed in flavors that are similar to those of the leadi…

(1) As used in this subchapter:(1) “Herbal chewing snuff” means a tobacco-free and nicotine-free version of chewing snuff, a product used orally by chewing the contents until juice is released and absorbed into the body;(2) “Herbal dipping snuff” means a tobacco-free and nicotine…

(a) It is unlawful to sell or offer for sale herbal snuff in this state to persons under eighteen (18) years of age. (b) (1) A person who pleads guilty or nolo contendere to or is found guilty of violating this section is guilty of a violation and is subject to a fine not to exce…

(a) The Arkansas Tobacco Control Board may adopt rules to implement this subchapter. (b) (1) The board, Arkansas Tobacco Control, and their authorized agents may enforce compliance with this subchapter and any rules adopted under this section by the board.(2) Arkansas Tobacco Con…

This subchapter shall be known and may be cited as the “Arkansas Lead-Based Paint Hazard Act of 2011”.

In the interest of public health and safety and the environment and to qualify the Department of Health to adopt, administer, and enforce a program for licensing lead-based paint activities, training programs, procedures, and requirements for the licensing and certification of in…

(1) As used in this subchapter:(1) (A) “Abatement” means any measures or set of measures that results in the permanent elimination of lead-based paint hazards.(B) “Abatement” includes without limitation:(i) The removal of lead-based paint and lead-contaminated dust;(ii) The perma…

(a) (1) A firm, person, or corporation that violates this subchapter or an order or rule adopted under this subchapter commits a misdemeanor punishable by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) or by imprisonment not exceeding…

(1) The Department of Health shall administer and enforce this subchapter with the powers and duties to:(1) Require and regulate training and examinations for individuals engaged in performing lead-based paint activities under this subchapter;(2) Establish standards and procedure…

(1) The State Board of Health shall adopt rules necessary to:(1) Establish annual license and certification fees for firms, training providers, and individuals;(2) Recover the costs of processing license applications and the issuance of licenses and certifications; and(3) Establi…

The Department of Health shall collect fees, rates, tolls, or charges for the services delivered by the department in a manner the department deems necessary to support the activities under this subchapter.

(a) A consultant, contractor, or training provider shall obtain a license from the Department of Health to conduct lead-based paint activities before actively engaging in any lead-based paint hazard activities in this state. (b) (1) An application for a license shall be made in t…

(1) It is unlawful for a person to:(1) Conduct lead-based paint activities without having first obtained a license or certification, or both, from the Department of Health when acting as a contractor, consultant, training provider, inspector, project designer, risk assessor, supe…

(a) As used in this section:(1) “Gambling activity” means:(A) Casino gambling;(B) Horse racing;(C) Greyhound racing;(D) Electronic games of skill under § 23-113-103;(E) Lotteries conducted under the Arkansas Scholarship Lottery Act, § 23-115-101 et seq.; and(F) Lotteries of other…

(1) As used in this subchapter:(1) “Bedding” means a mattress, upholstered spring, comforter, pad, cushion, pillow, box springs, foundation, or studio couch made, in whole or in part, from new or secondhand fabric, filling materials, or other materials, which can be used for slee…