§ 20-27-2101. Title
This subchapter shall be known and may be cited as the “Arkansas Cigarette Fire Safety Standard Act”.
§ 20-27-2102. Purpose
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.
§ 20-27-2103. Definitions
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 packaging and labeling is likely […]
§ 20-27-2104. Test method and performance standard — Definition
(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 standard specified in this section; (2) […]
§ 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 […]
§ 20-27-2106. Marking of cigarette packaging
(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, permanently printed, stamped, engraved, or embossed on the package at […]
§ 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 […]
§ 20-27-2108. Implementation
(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, and their employees, in the regular course of conducting inspections of wholesalers and retailers, […]
§ 20-27-2109. Inspection
(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 person in possession, control, or occupancy of premises where cigarettes are placed, stored, sold, […]
§ 20-27-2110. Sale outside of Arkansas
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; and (2) The person or entity has […]
§ 20-27-2111. Preemption
This subchapter shall be repealed if a federal reduced cigarette ignition propensity standard is adopted and becomes effective.
§ 20-27-2112. Local regulation
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 not enact or enforce an ordinance, local law, or regulation that conflicts […]