Considering becoming a vape vending machine host in Arkansas? Familiarize yourself with the current state laws to ensure compliance and successful operations. Here's a quick breakdown of current state regulations for vapor products, vape machines, and sales.Whether you're a retailer, entrepreneur, or operator, understanding these regulations is essential not only for compliance but also for safeguarding your investment. Below is a detailed guide that breaks down the current rules, requirements, and best practices for operating a vape vending machine in Arkansas.

Placement Restrictions

Under Ark. Code Ann. § 5-27-227(h), vending machines dispensing vapor products, alternative nicotine products, or e-liquids must be placed only in:

1. A "restricted area" not open to the public (e.g., employee-only breakroom),
2. A 21+ establishment licensed for on-premise alcohol consumption (e.g., bars, adult restaurants),
3. An area under direct supervision of the owner or an employee of the business.

Failure to comply is an offense subject to fines and enforcement actions.

Licensing & Permitting Requirements

Licensing is governed under both youth access laws and tobacco control provisions:

• It is unlawful to sell or furnish vapor products, alternative nicotine products, or e-liquid products to anyone under 21 years of age.
• Arkansas law includes “vapor products” and “e-liquids” within the regulatory framework of tobacco products under Ark. Code Ann. § 26-57-203(12), (34).
• A business selling such products, including via vending machine, must register and may need to apply for a Retail Cigarette & Tobacco Permit via the Arkansas Tobacco Control Board.

Taxes and Fees

• Excise tax applies to vapor and nicotine products under Arkansas’s tobacco tax statutes.
• Although the exact tax rate on vapor products isn’t specified in the cited statutes, Arkansas includes them under tobacco tax enforcement statutes via Ark. Code Ann. § 26-57-254.
• Additional sales tax is collected and remitted on vending machine sales per standard Arkansas tax law.

Packaging & Labeling Regulations

• Child-resistant packaging is mandatory for all nicotine-containing e-liquid containers, unless prefilled and sealed by the manufacturer. This is pursuant to Ark. Code Ann. § 26-57-254(c) and must meet 16 C.F.R. § 1700.20 standards.

Relevant Regulatory Agencies

• Arkansas Tobacco Control Board
  Responsible for licensing, inspections, and enforcement.
  Website: https://www.atc.arkansas.gov
• Arkansas Department of Finance and Administration (DFA)
  Manages excise and sales taxes.
  Website: https://www.dfa.arkansas.gov

Municipal/Local Ordinances

No state-level preemption is stated in the cited sections. That means cities and counties may adopt their own stricter ordinances, including zoning, additional permits, or location-specific restrictions. You should check with:

• City Clerk or County Clerk's Office for local zoning or licensing,
• City Code databases (many cities in Arkansas publish ordinances online).

Summary Compliance Checklist

Contact VapeTM Today

Questions? Call us at +1 888-537-8273