IPCPR Legislative | Restrictions in Arkansas

Restrictions in Arkansas

arkansas

Smoking, Age and Sampling Restrictions in Arkansas

Arkansas law prohibits smoking: in all vehicles and enclosed areas owned, leased, or operated by the state, its agencies and authorities, and any political subdivision of the state, municipal corporation, or local board or authority created by general, local, or special act of the General Assembly or by ordinance or resolution of the governing body of a county or municipal corporation individually or jointly with other political subdivisions or municipalities of the state; in all public places, including banks, bars, educational facilities, health care facilities, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, theaters, and waiting rooms; in enclosed areas within places of employment, including common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, health care facilities, cafeterias, employee lounges, stairs, restrooms, and all other enclosed areas; in any motor vehicle in which a child who is under 14 years of age is a passenger; in and on the grounds of all medical facilities; in child day care centers; in the state Capitol building; in or on real property owned or leased by a public school district, including a public charter school or in school buses; and on each campus of state-supported institutions of higher education.

 

Ark. Code § 20-27-1804: Prohibitions on smoking
Ark. Code § 20-27-1803: Definitions
Ark. Code § 20-27-1903: Tobacco use; prohibitions
Ark. Code § 20-27-706: Prohibition of smoking at medical facilities
Ark. Code § 20-78-217: Smoking prohibited; legislative intent
Ark. Code § 22-3-220: Smoking in State Capitol Building prohibited
Ark. Code § 6-21-609: Prohibition against smoking, the use of tobacco or tobacco products, or the use of e-cigarettes
Ark. Code § 6-60-804: Prohibitions on smoking

 

“No Smoking” signs or the international “No Smoking” symbol consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it may be clearly and conspicuously posted by the owner, operator, manager, or other person in control in every public place and place of employment in which smoking is prohibited.

 

Ark. Code § 20-27-1806: Notice of prohibition of smoking

 

State law is cumulative and does not prohibit the enactment of any other general or local laws, rules, or regulations of state or local governing authorities or local ordinances prohibiting smoking that are more restrictive than or are in direct conflict with state law.

 

Ark. Code § 20-27-1808: Subchapter deemed cumulative

 

Exemptions

 

The following are exempt from the ban on smoking, subject to conditions:

  • Private residences except when used as a licensed child care, adult daycare, or health care facility
  • Designated hotel and motel guest rooms
  • All workplaces of any employer with fewer than 3 employees, except that this exemption does not apply to any public place
  • A permitted retail tobacco store, if secondhand smoke from the store does not infiltrate into areas in which smoking is prohibited
    • A “retail tobacco store” is a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental.
  • Areas within long-term care facilities that are designated by the long-term care facilities as a smoking area or for supervised patient smoking only
  • Outdoor areas of places of employment
  • All workplaces of any manufacturer, importer, or wholesaler of tobacco products, of any tobacco leaf dealer or processor, and all tobacco storage facilities
  • All restaurants and bars licensed by the State of Arkansas that prohibit at all times all persons under 21 years of age from entering the premises, if secondhand smoke does not infiltrate into areas in which smoking is prohibited
  • Designated smoking areas on the gaming floor of any franchisee of the Arkansas Racing Commission

 

Ark. Code § 20-27-1805: Exemptions
Ark. Code § 20-27-1803: Definitions

Individuals under 18 years of age cannot use, possess, purchase, attempt to purchase, or use falsified identification for the purpose of obtaining or attempting to obtain tobacco in any form. However, this prohibition does not apply to a minor acting as an agent of a retail permit holder within the scope of employment. It is illegal for any person to give, barter, or sell tobacco in any form to a minor.

 

Ark. Code § 5-27-227: Providing minors with tobacco products and cigarette papers; purchase, use or possession prohibited; self-service displays prohibited; placement of tobacco vending machines

 

Department of Labor staff reported that the Arkansas Code contains no provisions specifying a minimum age to work in tobacco retail stores and that the minimum age to work is 14.

 

It is unlawful for any person who has been issued a tobacco permit to fail to display in a conspicuous place or on each vending machine a sign indicating that the sale of tobacco products to or purchase or possession of tobacco products by a minor is prohibited by law.

 

Ark. Code § 5-27-227(e): Providing minors with tobacco products and cigarette papers; purchase, use or possession prohibited; self-service displays prohibited; placement of tobacco vending machines.

 

Arkansas law contains no specific provisions concerning state preemption of local youth access laws, so local communities may pass more stringent laws or ordinances in this area.

Federal regulations prohibit free samples of cigarettes and limit free samples of smokeless tobacco products to certain age-restricted venues under several conditions.

 

Regulations Restricting the Sale, Distribution, and Marketing of Cigarettes, Cigarette Tobacco, and Smokeless Tobacco: Consumer Fact Sheet
http://www.fda.gov/downloads/TobaccoProducts/PublicHealthEducation/ProtectingKidsfromTobacco/RegsRestrictingSale/UCM265540.pdf

 

In Arkansas, it is illegal for any person to distribute a free sample of any tobacco product or coupon that entitles the holder of the coupon to any free sample of any tobacco product:

 

  • In or on any public street or sidewalk within 500 feet of any playground, public school, or other facility when the playground, public school, or other facility is being used primarily by minors for recreational, educational, or other purposes; or
  • To any minor

 

Ark. Code § 5-27-227: Providing minors with tobacco products and cigarette papers; purchase, use or possession prohibited; self-service displays prohibited; placement of tobacco vending machines

 

Arkansas Department of Finance and Administration staff reported that tobacco samples are subject to the tobacco tax. Arkansas Tobacco Control staff reported that distribution of tobacco samples is subject to licensing requirements and that individuals distributing samples should obtain a Sales Representative’s License. Application forms are available at http://www.atc.ar.gov/forms/Pages/default.aspx.

 

Arkansas law contains no specific provision concerning state preemption of sampling, so local communities may pass more stringent laws or ordinances on tobacco sampling.

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