Browse Arkansas Code titles and sections
26-57-254. Safety inspections on permitted products — Restrictions on use of e-liquid products and alternative nicotine products — Definitions.
Arkansas Code — all titles (historical 2020) · legal_authorities
26-57-254. Safety inspections on permitted products — Restrictions on use of e-liquid products and alternative nicotine products — Definitions.
(a) In order to assure that the citizens of this state receive only tobacco products, vapor products, alternative nicotine products, or e-liquid products that are fresh and not contaminated, and to ensure the safety of Arkansas youth, the Director of Arkansas Tobacco Control is authorized under this subchapter to:
(1) Inspect or cause to be inspected any tobacco product, vapor product, alternative nicotine product, or e-liquid container in places of storage or distribution authorized under this subchapter; and
(2) Require any tobacco products, vapor products, alternative nicotine products, or e-liquid containers found to be contaminated, damaged, or not fresh be removed from stock and be either returned to the proper wholesaler or manufacturer for disposal according to law or delivered to the Director of Arkansas Tobacco Control for destruction or disposal.
(b)(1) It is a violation for any person to use a tobacco product, vapor product, alternative nicotine product, or e-liquid product in or on the grounds of any school, childcare facility, or healthcare facility.
(2) As used in subdivision (b)(1) of this section:
(A) “Childcare facility” means the same as provided in § 20-78-202(2);
(B) “Healthcare facility” means the same as provided in § 20-27-1803(6); and
(C) “School” means:
(i) Any buildings, parking lots, playing fields, playgrounds, school buses, or other school vehicles; or
(ii) Any off-campus school-sponsored or school-sanctioned events with respect to any public, charter, or private school where children attend classes in kindergarten programs or grades one through twelve (1-12).
(c) On and after
Source: Arkansas Code — historical release 78 (November 6, 2020) · 26-57-254
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.
Issuing source page ↗
Authority boundary: historical statutory source snapshot not current law.
Open the recorded source website ↗
Record provenance
Stable record: arkansas_code:legal_authorities:26-57-254
Source file: gov.ar.code.title.26.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 08bf99eff9faa0687c46db7bed214b6d1e645cf3e26fc3e579c42d954adefdc3
Source location: content.xml paragraph 26979
Stored source content
26-57-254. Safety inspections on permitted products — Restrictions on use of e-liquid products and alternative nicotine products — Definitions.
(a) In order to assure that the citizens of this state receive only tobacco products, vapor products, alternative nicotine products, or e-liquid products that are fresh and not contaminated, and to ensure the safety of Arkansas youth, the Director of Arkansas Tobacco Control is authorized under this subchapter to:
(1) Inspect or cause to be inspected any tobacco product, vapor product, alternative nicotine product, or e-liquid container in places of storage or distribution authorized under this subchapter; and
(2) Require any tobacco products, vapor products, alternative nicotine products, or e-liquid containers found to be contaminated, damaged, or not fresh be removed from stock and be either returned to the proper wholesaler or manufacturer for disposal according to law or delivered to the Director of Arkansas Tobacco Control for destruction or disposal.
(b)(1) It is a violation for any person to use a tobacco product, vapor product, alternative nicotine product, or e-liquid product in or on the grounds of any school, childcare facility, or healthcare facility.
(2) As used in subdivision (b)(1) of this section:
(A) “Childcare facility” means the same as provided in § 20-78-202(2);
(B) “Healthcare facility” means the same as provided in § 20-27-1803(6); and
(C) “School” means:
(i) Any buildings, parking lots, playing fields, playgrounds, school buses, or other school vehicles; or
(ii) Any off-campus school-sponsored or school-sanctioned events with respect to any public, charter, or private school where children attend classes in kindergarten programs or grades one through twelve (1-12).
(c) On and after July 22, 2015, all alternative nicotine products and e-liquid containers containing nicotine sold at retail in this state shall satisfy the child-resistant packaging effectiveness standards described in § 26-57-203 when tested in accordance with the method described by 16 C.F.R. § 1700.20, as it existed on January 1, 2015.
(d) As used in this section, “e-liquid container” means a bottle or other container of e-liquid that is sold or provided for mixing at retail and is marketed or intended for use in a vapor product, but does not include e-liquid contained in a cartridge that is sold, marketed, or intended for use in a vapor product if the cartridge is prefilled and sealed by the manufacturer and is not intended to be opened by the consumer.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-27-1803. Definitions.
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) Taverns;
(B) Nightclubs;
(C) Cocktail lounges; and
(D) Cabarets;
(2) “Business” means any corporation, sole proprietorship, partnership, limited partnership, professional corporation, enterprise, franchise, association, trust, joint venture, or other entity, whether for profit or nonprofit;
(3) “Employee” means an individual who is employed by a business in consideration for direct or indirect monetary wages or profit;
(4) “Employer” means an individual or a business that employs one (1) or more individuals;
(5) “Enclosed area” means all space between a floor and ceiling that is enclosed on all sides by solid walls or windows, exclusive of doorways, that extend from the floor to the ceiling;
(6)(A) “Healthcare facility” means an office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including weight control clinics, homes for the chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, dentists, and all specialists within these professions.
(B) “Healthcare facility” includes the building or buildings in which a medical facility operates, together with all property owned or operated by a medical facility that is contiguous to the building or buildings in which medical services are provided.
(C) “Healthcare facility” does not include:
(i) Medical facilities under § 20-27-704 et seq.;
(ii)
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-27-1803
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 20-27-1803. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-78-202. Definitions.
As used in this subchapter, unless the context otherwise requires:
(1)(A) “Child Care Appeal Review Panel” or “panel” means an eleven-member body under the Department of Human Services which shall serve as a review and appeal body regarding licensure or registration actions.
(B)(i) The panel shall consist of eleven (11) members, including the following:
(a) Three (3) early childhood professionals;
(b) One (1) pediatric health professional;
(c) One (1) parent of a child in a licensed early childhood program;
(d) The Director of the Division of Child Care and Early Childhood Education or his or her designee who shall serve as Chair of the Child Care Appeal Review Panel and shall not vote; and
(e) Five (5) licensed childcare providers representing a diversity of childcare settings.
(ii) Legal counsel from the Office of the Attorney General shall serve as a facilitator of the panel and shall not serve as a voting member.
(iii) Alternates shall be chosen to serve during times of absence or in cases of conflict of interest. Five (5) alternates shall be chosen as follows:
(a) One (1) early childhood professional;
(b) One (1) pediatric health professional;
(c) One (1) parent of a child in a licensed early childhood program; and
(d) Two (2) licensed childcare providers.
(iv) Members of the panel shall not be members of the Arkansas Early Childhood Commission.
(C)(i) The commission, from applications submitted, shall make panel selections from persons meeting the qualifications for service and exhibiting a willingness and time commitment to serve on the panel.
(ii) Panel members may be replaced under the same guidelines as commission members.
(D)(i) Members of the panel shall serve for three-year terms, not to exceed six
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-78-202
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 20-78-202. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
26-57-203. Definitions.
As used in this subchapter:
(1) “Alternative nicotine product” means:
(A) A product that consists of or contains nicotine that can be ingested into the body by chewing, smoking, absorbing, dissolving, inhaling, snorting, sniffing, or by any other means; and
(B) “Alternative nicotine product” does not include a:
(i) Tobacco product;
(ii) Vapor product;
(iii) Product that is a drug under 21 U.S.C. § 321(g)(1);
(iv) Product that is a device under 21 U.S.C. § 321(h); or
(v) Product that constitutes a combination drug, device, or biological product as described in 21 U.S.C. § 353(g);
(2) “Annual” or “annually” means the fiscal year from July 1 through the next June 30;
(3) “Brand family” means the same as defined in § 26-57-1302;
(4)(A) “Child-resistant packaging” means packaging that is designed or constructed to be:
(i) Significantly difficult for children under five (5) years of age to:
(a) Open; or
(b) Obtain a toxic or harmful amount of the substance contained therein within a reasonable time; and
(ii) Not difficult for an average adult to use properly.
(B) “Child-resistant packaging” does not mean packaging that children cannot open or obtain a toxic or harmful amount within a reasonable time when tested in accordance with the method described in 16 C.F.R. § 1700.20, as it existed on January 1, 2015;
(5) “Cigar” means any roll of tobacco wrapped in leaf tobacco or in any substance containing tobacco, other than any roll of tobacco that is a cigarette;
(6) “Cigarette” means a cigarette as defined in § 26-57-260 that is subject to federal excise tax;
(7) “Cigarette inputs” means machinery or other component parts typically used in the manufacture of cigarettes, including without limitation tobacco, whether pr
Source: Arkansas Code — historical release 78 (November 6, 2020) · 26-57-203
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 26-57-203. This identifies an authority to review, not proof of applicability.