Are e-cigarettes in any section of the state’s statutes included in the definition of "Tobacco Products"?
No.
How does the state define an e-cigarette?
Sales Restrictions
Vapor product means “an electronic oral device of any size or shape that contains a vapor of nicotine, e-liquid, or any other substance that when used or inhaled simulates smoking, regardless of whether a visible vapor is produced, including without limitation a device that: (A) [i]s composed of a heating element, battery, electronic circuit, chemical process, mechanical device, or a combination [thereof]; (B) [w]orks in combination with a cartridge, other container or liquid delivery device containing nicotine, e-liquid, or any other substance and manufactured for use with vapor products; (C) [i]s manufactured distributed, marketed, or sold as any type or derivation of a vapor product, e-cigarette, e-cigar, e-pipe, or any other product name or descriptor. . . .”
Ark. Code Ann. § 26-57-203(34) (2023)
E-liquid and e-liquid product mean “a liquid product, which may or may not contain nicotine, that is inhaled when using a vapor product, and that may or may not include without limitation propylene glycol, vegetable glycerin, nicotine from any source, and flavorings”
Ark. Code Ann. § 26-57-203(12) (2023)
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 [except those] prefilled and sealed by the manufacturer and...not intended to be opened by the consumer.”
Ark. Code Ann. § 26-57-254(d) (2023)
Smoke-free Schools and Campuses
E-cigarette means “an electronic oral device that provides a vapor of nicotine or another substance that, when used or inhaled, simulates smoking, including without limitation a device that: (1) [i]s composed of a heating element, battery, or electronic circuit, or a combination [thereof]; (2) [w]orks in combination with a liquid nicotine delivery device composed either in whole or in part of pure nicotine and propylene glycol and manufactured for use with e-cigarettes; and (3) [i]s manufactured, distributed, marketed or sold as an e-cigarette, e-cigar, e-pipe, or under any other name or descriptor.”
Ark. Code Ann. §§ 6-21-609(a), 6-60-803(2) (2023)
Is there a state excise or special tax (non-sales tax) placed on e-cigarettes?
N/A
What regulations are in place for e-cigarette packaging?
E-liquid containers must be sold in child-resistant packaging (except pre-filled and sealed cartridges).
Ark. Code Ann. § 26-57-254(c) (2023)
What restrictions are in place for retail or youth access?
Sale/distribution of vapor products, e-liquids or any component thereof prohibited to persons under age 21, unless the person is active-duty military or has attained the age of 19 years as of December 31, 2019.
Ark. Code Ann. § 5-27-227(a)(1) (2023)
Distribution of free samples of vapor products, e-liquids or components, or coupons for free samples thereof near youth-centered places or to persons under age 21, is prohibited, unless the person is active-duty military or has attained the age of 19 years as of December 31, 2019.
Ark. Code Ann. § 5-27-227(f) (2023)
Possession/use/purchase of vapor products, e-liquids or components thereof by persons under age 21 prohibited, unless the person is active-duty military or has attained the age of 19 years as of December 31, 2019.
Ark. Code Ann. § 5-27-227(b)(1) (2023)
Self-service displays or vending machine sales of vapor products or e-liquids restricted to specialty tobacco and vape shops and locations inaccessible to persons under age 21 unless vending machine is under employee supervision.
Ark. Code Ann. § 5-27-227(g), (h) (2023)
Is a retail license or permit required to sell e-cigarettes?
Yes. Separate permits required for wholesalers, wholesaler salespersons, retailers, and vending machine sales.
Ark. Code Ann. §§ 26-57-214, 26-57-215(b) (2023)
What smoke-free restrictions exist for e-cigarette use?
Use of vapor products or e-liquids on grounds of any school or at off-campus school-sponsored events, in or on the grounds of any child care facility, school vehicles, or healthcare facility prohibited.
Ark. Code Ann. §§ 26-57-254(b), 6-21-609(b) (2023)
Use of e-cigarettes “prohibited on each campus of state-supported institutions of higher education.”
Ark. Code Ann. § 6-60-804(a) (2023)
Use of e-cigarettes in or within 25 feet of State Park buildings or enclosed structures prohibited.
233-01-5 Ark. Code R. § 1191 (2023)
Visitors to community correctional facilities are prohibited from bring vapor products.
159-00 Ark. Code R. § 002(7.24)(8) (2023)
Use of e-cigarettes and vaping prohibited in foster home in presence of foster child.
016-15 Ark. Code R. § 15(22-003F) (2023)
Arkansas e-cigarette regulations as of June 15, 2023.