Title 20, Public Health and Welfare

(a) (1) A copy of a child death investigation report required under this subchapter, including information from law enforcement agencies, coroners, fire departments, or medical providers, or any other information relative to the death investigation shall be provided to the Arkans…

(a) (1) All records, reports, and other information obtained by the Arkansas Child Death Review Panel or local or regional review panel and the result of any child death investigation report shall be confidential.(2) The records, reports, and other information obtained by the Ark…

(a) (1) The Arkansas Child Death Review Panel shall report on or before December 31 of each year to the Legislative Council the number and causes of unexpected deaths of children.(2) The Legislative Council shall forward the report to the Senate Committee on Children and Youth an…

This subchapter shall be known as the “Arkansas Clean Indoor Air Act of 2006”.

(a) Information available to the General Assembly based upon scientific research data has shown that nonsmokers often receive damage to their health from the smoking of tobacco by others. (b) Direct smoking of tobacco and indirect smoking of tobacco through inhaling the smoke of …

(1) As used in this subchapter:(1) “Bar” means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, including, but not limited to…

(a) Effective July 21, 2006, smoking is prohibited in all vehicles and enclosed areas owned, leased, or operated by the state, its agencies and authorities, and any political subdivision of the state, municipal corporation, or local board or authority created by general, local, o…

(1) An owner or operator of any of the following areas may exempt itself from this subchapter:(1) Private residences except when used as a licensed childcare, adult daycare, or healthcare facility;(2) (A) Hotel and motel rooms that are rented to guests and are designated as smoki…

(a) “No Smoking” signs or the international “No Smoking” symbol consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it may be clearly and conspicuously posted by the owner, operator, manager, or other person in control in…

(a) The State Board of Health may adopt reasonable rules that it determines are necessary or useful to carry out the purposes or facilitate enforcement of this subchapter. (b) (1) The Department of Health and its authorized agents may enforce compliance with this subchapter and a…

(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”.