Arkansas § 26-57-259 Nonpreemption

Arkansas Statutes

§ 26-57-259 — Nonpreemption

(a)(1) This subchapter and the rules and other actions of the Arkansas Tobacco Control Board or Arkansas Tobacco Control shall not be construed or interpreted so as to preempt or in any other manner qualify or limit the enactment and enforcement of any federal or state regulation of the manufacture, sale, storage, or distribution of tobacco products that is more restrictive than this subchapter or the rules promulgated by Arkansas Tobacco Control.

(2)(A) This subchapter and the rules and other actions of the board or Arkansas Tobacco Control shall preempt the enactment and enforcement of any county, municipal, or other local regulation of the manufacture, sale, storage, or distribution of tobacco products that is more restrictive than this subchapter or the rules promulgated by Arkansas

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(a) (1) This subchapter and the rules and other actions of the Arkansas Tobacco Control Board or Arkansas Tobacco Control shall not be construed or interpreted so as to preempt or in any other manner qualify or limit the enactment and enforcement of any federal or state regulation of the manufacture, sale, storage, or distribution of tobacco products that is more restrictive than this subchapter or the rules promulgated by Arkansas Tobacco Control. (2) (A) This subchapter and the rules and other actions of the board or Arkansas Tobacco Control shall preempt the enactment and enforcement of any county, municipal, or other local regulation of the manufacture, sale, storage, or distribution of tobacco products that is more restrictive than this subchapter or the rules promulgated by Arkansas Tobacco Control. (B) A county, municipal, or other local regulation of the manufacture, sale, storage, or distribution of tobacco products that is more restrictive than this subchapter or the rules promulgated by Arkansas Tobacco Control and that has been enacted as of September 1, 2019, is not preempted under this subdivision (a)(2). (b) This subchapter and the rules and other actions of Arkansas Tobacco Control or the board shall not be construed or interpreted so as to preempt or otherwise limit any legal or equitable claims or causes of action brought under the common law or any federal or state statutes. (c) This subchapter and the rules of Arkansas Tobacco Control shall not be construed or interpreted so as to require a state, county, municipal, or other local authority to exhaust any administrative remedies through the board, including without limitation the right to seize and forward to the board the state permit of a vendor or retailer found to have illegally sold tobacco products, vapor products, alternative nicotine products, or e-liquid products to a minor, provided that the vendor or retailer shall be given a hearing before the board at the board's next regularly scheduled meeting.

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Legislative History

Amended by Act 2021, No. 483,§ 18, eff. 7/28/2021. Amended by Act 2019, No. 1071,§ 28, eff. 7/24/2019. Amended by Act 2019, No. 580,§ 12, eff. 9/1/2019. Amended by Act 2019, No. 580,§ 11, eff. 9/1/2019. Amended by Act 2015, No. 1235,§ 25, eff. 5/1/2015. Amended by Act 2013, No. 1273,§ 33, eff. 8/16/2013. Acts 1997, No. 1337, § 26.