Vape and tobacco laws in Arkansas

(1)(A) “E-liquid” and “e-liquid product” means a liquid product containing nicotine from any source that is inhaled when using a vapor product, and that may or may not include without limitation propylene glycol, vegetable glycerin, and flavorings. (B) "E-liquid" and "e-liquid product" does not include a product that is a nicotine solution sold in a container without a battery or atomizer and that is intended to be refillable or that otherwise makes the nicotine solution accessible to the consumer through customary or reasonably foreseeable handling or use; and (2)(A) “Vapor product” means an electronic oral device of any size or shape that contains a vapor of nicotine or e-liquid that when used or inhaled simulates smoking, regardless of whether a visible vapor is produced, including without limitation a device that: (i) Is composed of a heating element, battery, electronic circuit, chemical process, mechanical device, or a combination of heating element, battery, electronic circuit, chemical process, or mechanical device; (ii) Works in combination with a cartridge, other container, or liquid delivery device containing nicotine from any source or e-liquid and manufactured for use with vapor products; and (iii) Is manufactured, distributed, marketed, or sold as any type or derivation of a vapor product, e-cigarette containing nicotine from any source, e-cigar containing nicotine from any source, e-pipe containing nicotine from any source, or any other vapor product name or descriptor.
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(B) "Vapor product" does not include: (i) A device that: (a) Uses removable batteries; (b) Is sold without e-liquid; and (c) Is designed to utilized e-liquid in a refillable container;
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(e)(1) Beginning September 1, 2025, a vapor product or e-liquid product shall not be offered for sale in this state or sold to a person located in this state unless the manufacturer certifies before that date, on a form prescribed by the director, under penalty of perjury, that:
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it is unlawful for any person or entity to sell, offer, or possess in this state, or import for personal consumption in this state, a vapor product or an e-liquid product that the person or entity knows is not included in the directory maintained by the director under this subchapter.

“‘R etailer’ means a person that: (A) Purchases tobacco products, vapor products, alternative nicotine products, or e- liquid products from permitted wholesalers for the purpose of selling the tobacco products, vapor products, alternative nicotine products, or e- liquid products in person and over the counter at retail to consumers; or (B) Has a physical presence in Arkansas and purchases cigars from permitted wholesalers for the purpose of the online retail sale of the cigars to buyers inside and outside the state.”

(a) Prohibition.—
(1) In general .—All cigarettes and smokeless tobacco (as those terms are defined in section 1 of the Act of October 19, 1949, commonly referred to as the Jenkins Act) are nonmailable and shall not be deposited in or carried through the mails. The United States Postal Service shall not accept for delivery or transmit through the mails any package that it knows or has reasonable cause to believe contains any cigarettes or smokeless tobacco made nonmailable by this paragraph.
(2) Reasonable cause .—For the purposes of this subsection reasonable cause includes—
(A) a statement on a publicly available website, or an advertisement, by any person that the person will mail matter which is nonmailable under this section in return for payment; or
(B) the fact that the person is on the list created under section 2A(e) of the Jenkins Act.
(b) Exceptions.—
(1) Cigars .—Subsection (a) shall not apply to cigars (as defined in section 5702(a) of the Internal Revenue Code of 1986).
(2) Geographic exception .—Subsection (a) shall not apply to mailings within the State of Alaska or within the State of Hawaii.
(3) Business purposes.—
(A) In general .—Subsection (a) shall not apply to tobacco products mailed only—
(i) for business purposes between legally operating businesses that have all applicable State and Federal Government licenses or permits and are engaged in tobacco product manufacturing, distribution, wholesale, export, import, testing, investigation, or research; or
(ii) for regulatory purposes between any business described in clause (i) and an agency of the Federal Government or a State government.
(4) Certain individuals.—
(A) In general .—Subsection (a) shall not apply to tobacco products mailed by individuals who are not minors for noncommercial purposes, including the return of a damaged or unacceptable tobacco product to the manufacturer.

(5) Minimum age of sale
It shall be unlawful for any retailer to sell a tobacco product to any person younger than 21 years of age.

UPS does not provide service to any person or entity listed in the Bureau of Alcohol, Tobacco, Firearms and Explosives PACT Act – Non-Compliant List.
UPS prohibits the shipment of Cigarettes or Little Cigars (as defined below) to consumers, regardless of destination state.
UPS prohibits the shipment of all Vaping Products (as defined below) throughout its U.S. domestic network, including import and export, regardless of nicotine content and destination state.
All Tobacco Product Shipments must be made using UPS Delivery Confirmation Adult Signature Required service, requiring the signature of an adult 21 years of age or older upon delivery.
Vaping Products are considered Tobacco Products for the purpose of this policy. UPS no longer accepts for U.S. domestic shipment, including import and export into or from the U.S., any Vaping Product, including but not limited to e-cigarette devices and e-liquids or gels, regardless of nicotine content, even if a Shipper or consignee is permitted to ship and receive Vaping Products under applicable laws or regulations.

UPS prohibits the shipment of Cigarettes or Little Cigars (as defined below) to consumers, regardless of destination state.

We prohibit the shipping of tobacco and tobacco products . Even if you have proper licenses and are authorized to ship tobacco products, we will be unable to accept your shipment. Tobacco and all tobacco products cannot be accepted at any FedEx or FedEx Office location. This includes but is not limited to:
Cigarettes
Cigars
Loose tobacco
Smokeless tobacco
Hooka or shisha
Vaporizers
E-cigarettes