Summary Of  The Law

ACT 1451 of 2013  (This law was passed during Arkansas’s 2013 Legislative Session)

An Act to Prohibit the Giving, Bartering, or Selling of Selling of E-Cigarettes and Other Nicotine Products to Minors; To Prohibit Minors From Possessing or Purchasing E-Cigarettes; and for Other Purposes.

This bill amends A.C.A. 5-27-227(a) – (g) which deals with providing tobacco products to minors – this summary does not cover the unamended portions of the bill.

DEFINITIONS

A.C.A. 5-27-227(a)(1)(C) – E-Cigarettes are defined in this statute broadly, specifically any “electronic oral device” that provides a vapor of nicotine or another substance, used to simulate smoking.

– This section does not limit application to those products labeled e-cigarettes, but rather, any device having a heating element, battery or electronic circuit which works in combination with liquid nicotine delivery.

While the law does cover the delivery of nicotine, it is expansive of products containing pure nicotine or propylene glycol in whole or part. Propylene glycol is a colorless, nearly odorless, clear, viscous liquid

with a faintly sweet taste, which enhances penetration of substances into the body.

– Also includes any product manufactured, distributed, marketed or sold as an e-cigarette, e-cigar, e-pip (believed to be “e-pipe”) – statutes does allow for application of the statute on products not described under the terms above but serving the same purpose or function.

PENALTIES

A.C.A. 5-27-227(a)(3)  provides a penalty to persons pleading guilty or nolo contedre (no

contest) to a fine not to exceed $100.00.

(4) provides that employees of an Arkansas Retail Cigarette or Tobacco permit holders to a fine not to exceed $100 per violation.

PROHIBITIONS

Related to Minors:

A.C.A. 5-27-227(b) (1) – Unlawful to possess, purchase or attempt to purchase tobacco, cigarette papers or an e-cigarette product or falsely represent themselves to be 19 or older by displaying false or fraudulent proof or something not actually proof of the minor’s age. All items confiscated by law enforcement shall be destroyed.

– “or not actually proof of the minor’s age” – it is unclear of what this entails, maybe another person’s identification.

The bill sets out it is not an offense for a minor if:

-the minor is acting at the direction of Arkansas Tobacco Control to enforce or ensure compliance with this act;

–The minor is working with and authorized agent of the Office of Alcohol and Drug Abuse Prevention to compile statistical data on sales to minors.

–The minor is acting at the request of an Arkansas Retail Cigarette and Tobacco permit holder to assist the permit holder in performing a check on his/her business employees as it relates to sales to minors.

–The minor is acting as an agent of a retail permit holder

– The Act sets out standards for minors acting in any of the above capacities,

specifically the minor must:

–Appear to be a minor

–Have written consent from the minor’s parent or guardian to perform the

activity asked by the retailer or government entities

–They must present a true and correct identification if asked. Failure to provide proper identification when asked is a defense to any action under this section or a civil action under A.C.A.

§26-57-256 (dealing with revocation of permits and fines)

A.C.A. 5-27-227(d)-(g) – provides that a notice shall be conspicuously placed in the business or

on or near tobacco vending machines; makes it unlawful to give free samples or coupons of

tobacco products within 500 feet of any playground, public school or other facility used by

minors primarily for recreational, educational or other purposes; and additionally that they

cannot be sold in any self service display unless a compliant vending machine, retail tobacco

store.

– A “self-service” display is any display or vending machine which allows purchase by

customers without assistance of a salesperson.

JOINT & SEVERAL LIABILITY OF OWNERS AND LICENSE/PERMIT HOLDERS

SECTION 2: Amends A.C.A. 5-27-227(i) to apply liability to the permit holder, license

holder or owner of an unpermitted retail location by deeming the owner guilty of a violation of

this Act perpetrated by themselves or an employee and subjects them to penalties under A.C.A.

§ 26-57-256, explained above.