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ENGR. H. B. NO. 3881 Page 1
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ENGROSSED HOUSE
BILL NO. 3881 By: Cantrell of the House
and
Thompson of the Senate
[ vape products - Alternative Nicotine Products
Regulatory Act of 2026 - manufacturing, labeling,
marketing, and safety requirements – attestation -
penalties and suspension - Attorney General -
Alternative Nicotine Products Compliance Fund –
noncodification – codification - effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
This act shall be known and may be cited as the "Alternative
Nicotine Products Regulatory Act of 2026".
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-229.50 of Title 63, unless
there is created a duplication in numbering, reads as follows:
As used in this act:
1. "Alternative nicotine product" means any noncombustible
product that contains nicotine and that is intended for human
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consumption, whether chewed, absorbed, dissolved, ingested, or
consumed by other means;
2. "Department" means the Department of Revenue;
3. "E-liquid" means a solution that:
a. contains propylene glycol, vegetable glycerin,
nicotine, nicotine salts, flavorings, or both, and
b. is intended to be used in an electronic cigarette.
E-liquid does not include cannabis, THC, CBD, or hemp as defined
under the laws of this state;
4. "Manufacturing" means the process by which an alternative
nicotine product is fabricated, assembled, packaged or labeled, and
is sealed in final packaging intended for consumer use;
5. "Minor" means an individual who is less than twenty-one (21)
years of age;
6. "Packaging" means any receptacle that contains a finished
alternative nicotine product;
7. "Sale" or "sell" means to exchange or otherwise furnish any
alternative nicotine product to any individual of legal age for
monetary value; and
8. "Tamper-evident package" means a package having at least one
indicator or barrier to entry that, if breached or missing, can
reasonably be expected to provide visible evidence to consumers that
tampering has occurred.
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SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-229.51 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. Manufacturers, dealers, wholesalers, and retailers shall
comply with the following requirements:
1. An e-liquid bottle shall use a child-proof cap that has the
child-resistant effectiveness set forth in the federal poison
prevention packaging standards, 16 CFR 1700.15(b)(1);
2. An e-liquid bottle or an electronic cigarette that contains
e-liquid shall use a tamper-evident package. The tamper-evident
package feature shall be designed to remain intact when handled in a
reasonable manner during the manufacture, distribution, and retail
display of the e-liquid bottle;
3. The label on an e-liquid bottle, electronic cigarette, or
alternative nicotine product shall meet the nicotine addictiveness
warning statement requirements set forth in 21 CFR 1143.3; and
4. The package containing the alternative nicotine product
shall contain the ingredients in the product as well as the name of
the manufacturer or wholesaler, along with the address of the
manufacturer or wholesaler, firmly affixed to or printed on the
package for tracking purposes. A scannable bar code or QR code
located on the package may meet this requirement.
B. A manufacturer, dealer, wholesaler, or retailer of an
alternative nicotine product shall be prohibited from selling any
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alternative nicotine product that uses in the name of the product,
the labeling of the product, the packaging of the product, or in its
marketing materials:
1. The terms "candy", "candies", or variants in spelling such
as "kandy" or "kandeez";
2. The terms "bubble gum", "cotton candy", "gummy bear", "gummy
worm", "lollipop", or other variants of these terms;
3. References to cartoons, cartoon characters, superheroes,
television shows, video games, and movies, or other similar
characters or references;
4. References or utilizes trade dress, trademarks, or other
related imagery that imitate or replicate trade dress, trademarks,
or other imagery of food brands or products that have been primarily
marketed to minors such as brands of breakfast cereals, cookies,
juice drinks, soft drinks, ice creams, and frozen pops; and
5. References or utilizes trade dress, trademarks, or other
related imagery that imitate or replicate trade dress, trademarks,
or other imagery of school supplies such as USB drives or
highlighters, smart phones or smart watches, headphones, any item of
clothing, or toy, video game devices or phone app integration
features.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-229.52 of Title 63, unless
there is created a duplication in numbering, reads as follows:
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A. A manufacturer of alternative nicotine products for sale in
the state shall provide an attestation under the penalty of perjury
to the Attorney General on forms provided by the Attorney General's
Office of the following:
1. The manufacturer has received a marketing granted order for
the alternative nicotine product from the United States Food and
Drug Administration (FDA) in accordance with 21 U.S.C. 387(j); or
2. The manufacturer has submitted a premarket tobacco
application for the alternative nicotine product and has received a
submission tracking number (STN) from the FDA in accordance with 21
U.S.C. 387(j) and the application remains under review with the FDA
for more than one hundred eighty (180) days, the FDA has issued a no
marketing order for the alternative nicotine product, but the agency
or a federal court has issued a stay order or injunction during the
pendency of the manufacturer's appeal of the no marketing order, or
the order has been appealed either to the FDA or a challenge to the
order filed with a federal court and the appeal or challenge is
still pending.
B. The consumable material of the alternative nicotine product
shall be manufactured, processed, blended, or filled in the United
States by January 1, 2028, or such product shall be removed from the
list of products that are legal to sell.
C. Each manufacturer filing an attestation with the Attorney
General shall pay an initial fee of Five Thousand Dollars
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($5,000.00) and a renewal fee annually of Two Thousand Five Hundred
Dollars ($2,500.00).
D. The manufacturer shall notify the Attorney General within
thirty (30) days of any material change to the attestation,
including:
1. If the FDA has issued a market order or other authorization;
2. If the FDA has issued a market denial order;
3. If the FDA or a federal court has issued a stay or
injunction during pendency of the no marketing order; or
4. If the manufacturer has appealed to the FDA or filed a
challenge with a federal court and the appeal or challenge is still
pending.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-229.53 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. The Department shall assess a civil penalty against a
manufacturer, dealer, wholesaler, or retailer for a violation of
this act in an amount that does not exceed Five Thousand Dollars
($5,000.00). A civil penalty shall be assessed in addition to other
penalties allowed under this act.
B. The Attorney General is authorized to investigate and
enforce violations of Sections 3 and 4 of this act. Upon
determining that a manufacturer, dealer, wholesaler, or retailer has
violated any provision of Section 3 or 4 of this act, the Attorney
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General shall bring a civil action in any court of competent
jurisdiction to either: seek injunctive relief restraining or
enjoining any manufacturer, dealer, wholesaler, or retailer from
continuing to engage in activities that violate Section 3 or 4;
recover civil penalties of up to Ten Thousand Dollars ($10,000.00)
per violation; or obtain appropriate relief to protect the public
interest.
C. Civil penalties collected under this act shall be deposited
in the Alternative Nicotine Products Compliance Fund.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-229.54 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. The Alternative Nicotine Products Compliance Fund is hereby
created as a special fund under state law.
B. The Alternative Nicotine Products Compliance Fund shall be
utilized by the Department and Attorney General for enforcement of
this act.
SECTION 7. This act shall become effective November 1, 2026.
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Passed the House of Representatives the 24th day of March, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2026.
Presiding Officer of the Senate