Okla. Stat. tit. 63, § 63-1-229.35
This is the official text of Okla. Stat. tit. 63, § 63-1-229.35, part of Oklahoma’s Stat. tit. 63, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 63,." Browse the sections below, each linked to its official government source.
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Vapor manufacturers to attest to applying for or
Official statutory text
receiving a marketing order.
A. Beginning July 1, 2023, every manufacturer of a vapor
product that is sold or intended to be sold in this state, whether
directly or through a distributor, retailer, or similar intermediary
or intermediaries, shall execute and deliver an attestation under
penalty of perjury to the Oklahoma Alcoholic Beverage Laws
Enforcement (ABLE) Commission certifying that, as of the date of
such attestation:
1. The vapor product was available for purchase in the United
States as of August 8, 2016, and the manufacturer has applied for a
marketing order for the vapor product by submitting a Premarket
Tobacco Product Application on or before September 9, 2020, to the
United States Food and Drug Administration (FDA); or
2. The manufacturer has received a marketing order or other
authorization for the vapor product from the FDA pursuant to Section
387j of Title 21 of the United States Code.
B. The manufacturer shall notify the ABLE Commission within
thirty (30) days of any material change to the attestation,
including whether the FDA has issued or not issued a market order or
other authorization or has ordered the manufacturer to remove the
vapor product, either temporarily or permanently, from the United
States market.
C. The ABLE Commission shall develop a directory listing all of
the manufacturers that have provided attestations that comply with
subsection A of this section and all vapor products that are listed
in such attestations. The ABLE Commission shall:
1. Make the directory available for public inspection on its
website on or before October 1, 2023; and
2. Update the directory as necessary to correct mistakes and to
add or remove manufacturers or vapor products to maintain the
directory in conformity with the requirements of this section.
D. It shall be unlawful for any person, directly or indirectly,
to knowingly manufacture, distribute, sell, barter, or furnish in
this state any vapor product that is not included in the directory.
Oklahoma Statutes - Title 63. Public Health and Safety Page 148
A. Beginning July 1, 2023, every manufacturer of a vapor
product that is sold or intended to be sold in this state, whether
directly or through a distributor, retailer, or similar intermediary
or intermediaries, shall execute and deliver an attestation under
penalty of perjury to the Oklahoma Alcoholic Beverage Laws
Enforcement (ABLE) Commission certifying that, as of the date of
such attestation:
1. The vapor product was available for purchase in the United
States as of August 8, 2016, and the manufacturer has applied for a
marketing order for the vapor product by submitting a Premarket
Tobacco Product Application on or before September 9, 2020, to the
United States Food and Drug Administration (FDA); or
2. The manufacturer has received a marketing order or other
authorization for the vapor product from the FDA pursuant to Section
387j of Title 21 of the United States Code.
B. The manufacturer shall notify the ABLE Commission within
thirty (30) days of any material change to the attestation,
including whether the FDA has issued or not issued a market order or
other authorization or has ordered the manufacturer to remove the
vapor product, either temporarily or permanently, from the United
States market.
C. The ABLE Commission shall develop a directory listing all of
the manufacturers that have provided attestations that comply with
subsection A of this section and all vapor products that are listed
in such attestations. The ABLE Commission shall:
1. Make the directory available for public inspection on its
website on or before October 1, 2023; and
2. Update the directory as necessary to correct mistakes and to
add or remove manufacturers or vapor products to maintain the
directory in conformity with the requirements of this section.
D. It shall be unlawful for any person, directly or indirectly,
to knowingly manufacture, distribute, sell, barter, or furnish in
this state any vapor product that is not included in the directory.
Oklahoma Statutes - Title 63. Public Health and Safety Page 148
Status: in_force · Read it on the official government site
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