Vape Vending Machines Sales Laws and Regulations in Arkansas
Thinking of Launching a Vape Vending Machine in Arkansas?
Here’s What the Law Says:
Not all vapor products are regulated the same way in Arkansas. Under Arkansas Act 590, the term “vapor product” applies specifically to products that use nicotine to produce vapor.
This distinction matters for brands like SBX, which use Metatine™ — a zero-nicotine proprietary ingredient that is not classified as nicotine under the federal Food, Drug, and Cosmetic Act.
Because SBX contains no nicotine:
- ✅ No Listing Required — SBX is not required to appear on the Arkansas Vapor Product and E-liquid Product Registry.
- ✅ No PMTA Certification — SBX is not subject to the federal Pre-Market Tobacco Application (PMTA) process.
- ✅ No Vapor Excise Tax — As a zero-nicotine vapor product, SBX is not subject to Arkansas’s vapor product excise tax.
- ✅ Adult-Only Use — SBX is still intended only for adults 21+, and vending machines must comply with the placement restrictions listed in Ark. Code Ann. § 5-27-227(h).
Key takeaway:
If you plan to stock or vend SBX devices, they do not fall under the same listing and tax obligations as nicotine-based vapes. However, location restrictions, age restrictions, and general retail permits still apply.
For full legal clarity, you can view the legal opinion confirming SBX is not subject to the Arkansas Vapor Product and E-liquid Product Registry Law (accessible via the QR code on SBX product packaging).
(A) Except as provided in subdivision (h)(2) of this section, it is unlawful for any person who owns or leases a tobacco, vapor product, alternative nicotine product, or e-liquid product vending machine to place a tobacco, vapor product, alternative nicotine product, or e-liquid product vending machine in a public place.
(B) As used in subdivision (h)(1)(A) of this section, "public place" means a publicly or privately owned place to which the public or a substantial number of people have access.
(2) A tobacco, vapor product, alternative nicotine product, or e-liquid product vending machine may be placed in:
(A) A restricted area within a factory, business, office, or other structure to which the general public is not given access;
(B) Permitted premises that has a permit for the sale or dispensing of an alcoholic beverage for on-premises consumption that restricts entry to 21+ only; or
(C) A place where the vending machine is under the supervision of the owner or an employee of the owner. Hence, only allowed in: Employee-only/restricted areas, 21+ alcohol-permitted venues, or supervised locations.
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:
- A "restricted area" not open to the public (e.g., employee-only breakroom),
- A 21+ establishment licensed for on-premise alcohol consumption (e.g., bars, adult restaurants),
- 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
| Requirement | Mandated? | Statute |
|---|---|---|
| Age Restriction (21+) | ✅ | § 5-27-227(a) |
| Vending Machine Location Limits | ✅ | § 5-27-227(h) |
| Vape Retail License | ✅ | § 26-57-203; § 26-57-254 |
| Excise Tax Applies | ✅ | § 26-57-254 |
| Child-Resistant Packaging | ✅ | § 26-57-254(c) |
| Local Ordinance Check | ⚠️ Required | Municipality-specific |
Disclaimer: This page is intended for informational purposes only and should not be considered legal advice. Consult official Arkansas government resources for the most current regulations.
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