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19-6-812. Cigarette Fire Safety Standard Fund.
Arkansas Code — all titles (historical 2020) · legal_authorities
19-6-812. Cigarette Fire Safety Standard Fund.
(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a special revenue fund to be known as the “Cigarette Fire Safety Standard Fund”.
(b) The fund shall consist of:
(1) All certification fees paid under § 20-27-2105;
(2) All moneys recovered as civil penalties under § 20-27-2107; and
(3) Any other revenues as may be authorized by law.
(c) The fund shall be used by the Director of Arkansas Tobacco Control to support fire safety and prevention programs.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 19-6-812
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:19-6-812
Source file: gov.ar.code.title.19.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 9011cf57a920015feb4464250428a417ba503fe052fc7123e35f522bf9d05627
Source location: content.xml paragraph 12365
Stored source content
19-6-812. Cigarette Fire Safety Standard Fund.
(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a special revenue fund to be known as the “Cigarette Fire Safety Standard Fund”.
(b) The fund shall consist of:
(1) All certification fees paid under § 20-27-2105;
(2) All moneys recovered as civil penalties under § 20-27-2107; and
(3) Any other revenues as may be authorized by law.
(c) The fund shall be used by the Director of Arkansas Tobacco Control to support fire safety and prevention programs.
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Arkansas Code — all titles (historical 2020) · legal_authorities
20-27-2105. Certification and product change.
(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 standard under § 20-27-2104.
(b) A cigarette listed in the certification shall be described with the following information:
(1) Brand or trade name on the package;
(2) Style, such as light or ultra light;
(3) Length in millimeters;
(4) Circumference in millimeters;
(5) Flavor, such as menthol or chocolate, if applicable;
(6) Filter or nonfilter;
(7) Package description, such as soft pack or box;
(8) Marking under § 20-27-2106;
(9) The name, address, and telephone number of the laboratory if different than the manufacturer that conducted the test; and
(10) The date that the testing occurred.
(c) The director shall make the certifications available to the Attorney General and the Secretary of the Department of Finance and Administration for purposes consistent with this subchapter.
(d) A cigarette certified under this section shall be recertified every three (3) years.
(e)(1)(A) For each brand family of cigarettes listed for certification, a manufacturer shall pay a fee of one thousand dollars ($1,000) to the director.
(B) The fee shall be applied to all cigarettes within the certified brand family and shall include any new cigarette certified within the brand family during the three-year certification period.
(2) The director may adjust annually this fee to ensure it defrays the actual costs of processing, enforcement, and oversight activities required by this subchapter.
(f)(1) If a manufacturer has certified
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-27-2105
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-27-2105. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-27-2107. Penalties.
(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 such cigarettes sold or offered for sale.
(2) The penalty against a person or entity shall not exceed one hundred thousand dollars ($100,000) during any thirty-day period.
(b)(1) A retailer that knowingly sells or offers to sell cigarettes 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 such cigarettes sold or offered for sale.
(2) The penalty against a retailer shall not exceed twenty-five thousand dollars ($25,000) for sales or offers to sell during any thirty-day period.
(c) In addition to any penalty prescribed by law, a corporation, partnership, sole proprietor, limited partnership, or association engaged in the manufacture of cigarettes that knowingly makes a false certification under § 20-27-2105 is subject to a civil penalty of at least seventy-five thousand dollars ($75,000) and not to exceed two hundred fifty thousand dollars ($250,000) for each false certification.
(d) A person who violates any other provision of this subchapter is subject to a civil penalty for a first offense in an amount not to exceed one thousand dollars ($1,000) and for a subsequent offense in an amount not to exceed five thousand dollars ($5,000) for each violation.
(e) It is a defense in an action for civil penalties that a wholesaler, retailer, or a person in the stream of commerce relied in good faith on a manufacturer's certificate or marking that the cigarettes comply with this subchapter.
(
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-27-2107
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-27-2107. This identifies an authority to review, not proof of applicability.