Arkansas Code Annotated

Ark. Code Ann. § 26-57-256 (2020)

Arkansas Tobacco Control — Powers

✓ Arkansas Code release r76: Acts through about 2020 (2021-2025 sessions missing)
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History. Acts 1997, No. 1337, § 23; 1999, No. 1591, § 4; 2001, No. 1368, §§ 3, 4; 2009, No. 655, § 76; 2009, No. 785, § 27; 2013, No. 1273, § 29; 2015, No. 1235, §§ 20, 21; 2019, No. 580, §§ 8, 9; 2019, No. 910, § 4159; 2019, No. 1071, § 25.

A.C.R.C. Notes. As enacted by Acts 2001, No. 1368, § 3, present subdivision (a)(4)(C)(i) began:

“Beginning January 1, 2002, and each year thereafter,”.

The amendment to this section by Acts 2009, No. 655, § 76, is superseded by the amendment to § 5-27-227 by Acts 2009, No. 785, § 6, pursuant to Acts 2009, No. 748, § 45, Acts 2009, No. 655, § 128, and § 1-2-207(b).

Publisher's Notes. Acts 2019, No. 1071, § 25 specifically amended this section as amended by Acts 2019, No. 580, §§ 8, 9.

Amendments. The 2009 amendment by No. 785 substituted “rules” for “regulations” in (a)(1), deleted “and regulations” following “rules” in (a)(5)(A) and (a)(5)(B)(i), and substituted “five thousand dollars ($5,000)” for “one thousand dollars ($1,000)” in (a)(5)(B)(ii); substituted “Director of Arkansas Tobacco Control” for “Director of the Arkansas Tobacco Control Board” in (b); deleted “or penalties” following “taxes” in (c)(1); and added (d) through (k).

The 2013 amendment deleted “subject to the restrictions in § 26-57-212(d)” at the end of (a)(1).

The 2015 amendment inserted “vapor products, alternative nicotine products, or e-liquid products” in (a)(5)(A), (f)(1), (f)(2), (g)(1), and (h); inserted “vapor product, alternative nicotine product, or e-liquid product” in (a)(4)(C)(i); substituted “may consider” for “shall consider” in the introductory language of (f); inserted “vapor product, alternative nicotine product, e-liquid product, or e-liquid” in (f)(3); and inserted “vapor products, alternative nicotine product” in (f)(5).

The 2019 amendment by No. 580 substituted “products to minors” for “products to persons less than eighteen (18) years of age” in (f)(1) and (f)(2); substituted “cigarette papers as not being a minor” for “cigarette papers as being eighteen (18) years of age or older” in (g)(1); made a similar change in (h); and added (l).

The 2019 amendment by No. 910 substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a)(4)(C)(i).

The 2019 amendment by No. 1071 deleted “Board” following “Control” in the section heading; substituted “Arkansas Tobacco Control” for “The Arkansas Tobacco Control Board” in the introductory language of (a); added (2)(B) and redesignated former (a)(2) as (a)(2)(A); deleted “licenses and” following “revoke” in (a)(2)(A); deleted “and licenses” following “permits” in (a)(3) and in (a)(4)(C)(i); substituted “Arkansas Tobacco Control” for “the board” in (a)(4)(B) and (a)(4)(C)(i); inserted “products” in (a)(4)(C)(i); deleted former (a)(5) and (a)(6); added (a)(5)(A); redesignated former (b) as (a)(5)(B); in (a)(5)(B), deleted “assessed under this section” following “penalty” and “pursuant to the provisions of this subchapter” from the end; deleted former (c), (d), (e)(3) through (g), (i), (j), and (l); redesignated former (e)(1) and (e)(2) as (a)(6)(A) and (a)(6)(B); rewrote (a)(6)(A); inserted “required under subdivision (a)(6)(A) of this section” in (a)(6)(B); redesignated former (h) as (b); in (b), deleted “cigarettes” preceding “tobacco” and “or” preceding “e-liquid”, inserted “or cigarette papers”, and added “and destroyed”; redesignated former (k) as (c); and substituted “Except as otherwise provided by law, the” for “All” in (c).

Notes of Decisions
Cited in 2 cases, 2003–2004 · leading case: H.T. Hackney Co. v. Davis, 120 S.W.3d 79 (Ark. 2003).
H.T. Hackney Co. v. Davis, 120 S.W.3d 79 (Ark. 2003). · cites it 13× “” The Board then ordered: Pursuant to Ark. Code Ann. § 26-57-256 (a)(5), the Board is authorized to revoke the Respondent’s permit and to fine the Respondent One Thousand Dollars for each and every time that it rebated.”
Arkansas Tobacco Control Bd. v. Santa Fe Nat. Tobacco Co., 199 S.W.3d 656 (Ark. 2004). · cites it 4× “Additionally, amendments to the Arkansas Sales to Minors Act have instituted increasingly stringent requirements to curb the sale of cigarettes to minors and to punish violations of the Act.”
Ark. Code Ann. § 26-57-256(a)(5): 1 case
H.T. Hackney Co. v. Davis, 120 S.W.3d 79 (Ark. 2003). “” The Board then ordered: Pursuant to Ark. Code Ann. § 26-57-256 (a)(5), the Board is authorized to revoke the Respondent’s permit and to fine the Respondent One Thousand Dollars for each and every time that it rebated.”
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