Miscellaneous Health and Safety Provisions

Ark. Code Ann. tit. 20, ch. 27

in effect

Ark. Code Ann. § 20-27-201 Definitions.

As used in this subchapter: (1) “Bedding” means any mattress, upholstered spring, comforter, pad, cushion, or pillow designed and made for use in sleeping; (2) “Felt” means that the materials from which the felt was made have been carded layer upon layer by a garnett or felting machine; (3) “New” means any material which has not been used in the manufacture of another article or used for any other purpose; (4) “Person” shall include individuals, corporations, partnerships, joint-stock companies, societies, and associations; and (5) “Previously used” means any material which has been used in the manufacturing of another article or used for any other purpose.

Ark. Code Ann. § 20-27-202 Subchapter not applicable to manufacture or renovation for domestic use.

(a) There shall be nothing in this subchapter so construed as to prevent any individual from manufacturing, renovating, or having manufactured or renovated mattresses for his or her own home or domestic use. (b) Any individual, firm, or corporation who shall so manufacture or renovate a mattress for another, as set out in this subchapter, shall be required to label it as provided in § 20-27-205.

Ark. Code Ann. § 20-27-203 Act of employee deemed that of employer.

When construing and enforcing this subchapter, the act, omission, or failure of any officer, agent, or other person acting for, or employed by, any individual, corporation, partnership, joint stock company, society, or association, within the scope of his or her employment or office, shall in every case be also deemed the act, omission, or failure of the individual, corporation, partnership, joint-stock company, society, or association as well as that of the person.

Ark. Code Ann. § 20-27-204 Penalties.

(a) Any person, firm, or corporation who shall fail to comply with any of the provisions of this subchapter shall be guilty of a violation of this subchapter. Each mattress manufactured, remade, renovated, sold, offered for sale, delivered, consigned, or possessed with an intent to sell, offer for sale, deliver, or consign contrary to this subchapter shall be deemed a separate offense. (b) Every person who shall be found guilty of a violation of the provisions of this subchapter shall be subject to a fine of not less than twenty-five dollars ($25.00) nor more than two hundred fifty dollars ($250) or not less than thirty (30) days nor more than ninety (90) days in prison, or both, as the court may deem proper.

Ark. Code Ann. § 20-27-205 Label required.

No person shall sell, offer for sale, deliver, consign for sale, or have in his or her possession with intent to sell, offer for sale, deliver, or consign for sale any article of bedding unless the bedding is labeled as follows: (1)(A) Upon each of the articles of bedding, there shall be securely sewed upon the outside thereof a label upon which shall be legibly written or printed, in the English language, the names of the materials used as the filling of the article of bedding. (B) If all the material used as the filling of the article of bedding shall not have been previously used, the words “manufactured of new material” shall appear upon the label together with the name and address of the maker of the bedding. (C) If any of the material used in the making or remaking of the article of bedding shall have been previously used, the words “manufactured of previously used material” or “remade of previously used materials”, as the case may be, shall appear upon the label, together with the name and address of the maker thereof and also a description of the material used in the filling of the article of bedding. (D) Any article of bedding not remade but which has been used shall be labeled “second-hand”; (2) The label required by this section shall be muslin or linen and not less than two inches by three inches (2" x 3") in size; (3) The statement required under this section shall be in the form as follows: (4) The words “manufactured of new material” or “remade of previously used material”, “second-hand”, or “materials used in filling not known”, together with the description of the material used as the filling of an article of bedding shall be in letters not less than one-eighth inch (1/8") in height; (5) The sewing of one (1) edge of the label securely into an outside seam of any article of bedding shall be deemed a compliance with that portion of the subchapter requiring that the label be securely sewed upon the article. This label shall contain all the statements required by this subchapter and shall be securely sewed to the ticking or cover of every article of bedding to be manufactured before the filling material has been placed inside the ticking or cover; and (6) No term or description likely to mislead shall be used on any label required by this subchapter in the description of the materials used in the filling of any article of bedding. “Manufactured of new material Materials used in filling Made by Address Click to view form.

Ark. Code Ann. § 20-27-206 Removal or alteration of label.

(a) Any person other than a purchaser for his or her own use who shall remove, deface, alter, or shall cause to be removed, defaced, or altered any label upon any article of bedding so labeled under the provisions of this subchapter shall be guilty of a violation thereof. (b) It shall be unlawful for any owner, his or her employees, or servants of any hostelry, hotel, rooming house, or boarding house operated for profit to remove or cause to be removed from any mattress purchased for the use in their place of business after June 9, 1927, any label attached thereto.

Ark. Code Ann. § 20-27-207 Materials and bedding previously exposed to disease.

(a) No person shall sell, offer for sale, deliver, or consign for sale or have in his or her possession with intent to sell, deliver, or consign for sale any article of bedding that has been used by or about any person having an infectious or contagious disease. (b) No person shall use in the making or remaking of any article of bedding, as defined in this subchapter, any material of any kind that has been used by or about any person having an infectious or contagious disease or which has formed a part of any article of bedding which has been so used.

Ark. Code Ann. § 20-27-208 Reuse of mattresses from hospitals, hotels, etc., prohibited — Exception.

(a) It shall be unlawful and punishable by the provisions of this subchapter for any person, firm, or corporation, or their agents, to use or cause to be used in the manufacture or renovation of mattresses materials of any description, in whole or part, that have been used in or about any public or private hospital or sanatorium for the treatment of any infectious or contagious disease, or materials obtained from mattresses from hotels, rooming houses, boardinghouses, and other public buildings where mattresses have been used for their original purpose. (b) This section shall not prevent the use of materials as prohibited in § 20-27-209 when they have been thoroughly sterilized by a method of sterilization approved or adopted by the State Board of Health. In that event, the mattress shall be labeled as indicated in § 20-27-205, as may apply.

Ark. Code Ann. § 20-27-210 Regulation of sterilization by State Board of Health.

(a) It is made the duty of the State Board of Health to promulgate and publish rules prescribing the method of sterilization that may be used by those engaged in the manufacturing of mattresses and bedding or in the renovation thereof. (b) All persons, firms, or corporations who shall conform to the rules as promulgated by the board, as directed, shall be deemed as complying with the law.

Ark. Code Ann. § 20-27-301 Donation by minors seventeen years of age or older — Written permission required for minors sixteen years of age.

(a)(1) Any minor who has reached seventeen (17) years of age may act as a blood donor to any nonprofit blood bank or any licensed hospital without consideration. (2) The consent of the minor seventeen (17) years of age or older shall not be subject to disaffirmance because of the minority of the donor. (3) The consent of the parent or guardian of the minor seventeen (17) years of age or older shall not be necessary to authorize the taking of blood from the minor. (b) A minor sixteen (16) years of age may act as a blood donor to a nonprofit blood bank or a licensed hospital without consideration, if the minor sixteen (16) years of age obtains written permission or authorization from his or her parent or guardian. (c) However, nothing in this section relieves a blood bank or hospital or its agents or employees from civil liability for any negligence in taking the blood of a minor.

Ark. Code Ann. § 20-27-302 Testing for blood-borne diseases.

(a) Any individual or company that collects blood products, including, but not limited to, red cells, white cells, platelets, clotting factors, immunoglobulins, or plasma for the purpose of resale or distribution used in the treatment of human disease, shall: (1) Inform the donor that his or her blood will be tested for the presence of human immunodeficiency virus antigens or antibodies (HIV-1), causative agents of acquired immunodeficiency syndrome (AIDS) and other blood-borne diseases and shall inform the donor of the test results. In addition, if the donor's blood tests are found to be reactive, the donor's name shall be made available to the Department of Health for the purpose of contact tracing and partner notification and to donor referral registries; (2) Use no donations of blood products or plasma until the donor has been found to be free of evidence of the HIV infection by a United States Food and Drug Administration-approved screening test such as the Enzyme-Linked Immunosorbent Assay (ELISA) test; and (3) Repeat any screening test that is found to be positive. If the screening test is repeatedly positive, a confirmatory test such as the Western Blot, Immunofluorescence Assay (IFA), or any other confirmatory test subsequently approved by the United States Food and Drug Administration shall be performed. If confirmatory testing is positive for evidence of HIV infection, the donor shall be informed and his or her blood shall not be accepted. (b) Donors who test positive shall be encouraged to seek medical consultation from their physician or local public health facility.

Ark. Code Ann. § 20-27-401 Public nuisance.

The operation of a house of ill fame, a bawdy house, a disorderly house, or any house for the purpose of assignation or prostitution in this state to which men and women resort for the purpose of prostitution or lewdness is declared to be a public nuisance, detrimental to public morals, and may be abated under the present provisions of law for the suppression of public nuisances.

Ark. Code Ann. § 20-27-501 Label required.

The sellers of all eyeglasses sold in the State of Arkansas shall furnish at the time of sale or delivery thereof a card, sticker, or tag indicating to the purchaser or receiver of the eyeglasses either that the lenses in the glasses are impact resistant or that the lenses are nonimpact resistant.

Ark. Code Ann. § 20-27-502 Standards.

Eyeglasses sold or prescribed in this state as impact-resistant eyeglasses shall meet the following minimum standards: (1) If the lenses of the eyeglasses are made of glass, the lenses shall be capable of withstanding the impact of a five-eighths inch (5/8") steel ball dropped from a height of fifty inches (50"); and (2)(A) When plastic materials are used in the construction of ophthalmic lenses or frames, the material shall be slow burning. (B) Cellulose nitrate or materials having flammability characteristics approximating those of cellulose nitrate shall not be used. (C) Flammability of the materials shall be no greater than that exhibited by cellulose acetate or acetate butyrate.

Ark. Code Ann. § 20-27-601 Purpose.

The purpose of this subchapter is to provide for the prevention, screening, diagnosis, and treatment of lead poisoning, including elimination of the sources of the poisoning through such research, educational, epidemiological, and clinical activities as may be necessary.

Ark. Code Ann. § 20-27-602 Definitions.

As used in this subchapter: (1) [Repealed.] (2) [Repealed.] (3) [Repealed.] (4) “Dwelling” means a structure, all or part of which is designed or used for or in connection with human habitation, including garages, carports, sheds, fences, and gates; (5) “Dwelling unit” means any room, group of rooms, or other interior area of a structure designed or used for human habitation; (6) “Exposed surface” means all interior surfaces of a dwelling or dwelling unit and those exterior surfaces which are readily accessible to children under six (6) years of age, such as stairs, porches, railings, windows, doors, facings, sills, and siding; (7) “Lead-bearing substance” means any paint, lacquer, glaze, or other applied surface coatings, putty, plaster, structural material, or similar substance which contains more than five-tenths of one percent (0.5%) lead metal by weight in the total nonvolatile contents of the substance, or any such substance containing an amount of lead metal not to exceed five-tenths of one percent (0.5%) as hereafter may be established by federal law or regulation; (8) “Occupant” or “tenant” means any person living, sleeping, cooking, eating in, or having actual possession of a dwelling or dwelling unit; (9) “Owner” means any person who alone, jointly, or severally with others has legal title to, charge, care, or control of any dwelling or dwelling unit as owner, as agent of the owner, or as executor, administrator, trustee, or guardian of the estate of the owner; and (10) “Person” means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision, or combination thereof or any agent or representative of the foregoing.

Ark. Code Ann. § 20-27-603 Political subdivision laws permitted.

This subchapter shall not prohibit any political subdivision from enacting and enforcing ordinances or laws for the prevention and control of lead poisoning which provide the same or more restrictive provisions as this subchapter or the rules promulgated pursuant to this subchapter.

Ark. Code Ann. § 20-27-604 Injunction.

When in the judgment of the Department of Health any person has engaged in or is about to engage in any acts or practices of commission or omission which constitute or will constitute a violation of any provision of this subchapter or any rule or order issued under this subchapter, the Attorney General, upon written notice thereof by the department, shall make application to the court of competent jurisdiction for an order enjoining the acts or practices or for an order directing compliance. Upon a showing by the department that the person has engaged in or is about to engage in any such acts or practices, a permanent or temporary injunction, restraining order, or other order may be granted.

Ark. Code Ann. § 20-27-605 Lead Poisoning Prevention and Control Agency — Director.

(a) The Department of Health is designated as the Lead Poisoning Prevention and Control Agency. (b) The Secretary of the Department of Health shall perform the functions vested in the department pursuant to this subchapter. (c) In discharging its function in lead poisoning prevention and control, the department may: (1) Develop a screening program to identify children under six (6) years of age with lead poisoning or potential lead poisoning; (2) Report immediately all actual or suspected cases of lead poisoning found in the screening program to the parent or legal guardian; (3) Follow up the positive screening results by referring children with extremely high blood lead levels for clinical evaluations or treatment and retest children with minimal elevated levels within three (3) months; (4) Investigate the lead hazard in the places of residence and frequent occupancy of children with elevated blood lead readings; (5) Notify the owner and occupant in writing of the lead hazard and, if necessary and after a hearing pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., require discontinuance within thirty (30) days of a paint condition conducive to lead poisoning in any designated dwelling; (6) Prescribe in written notice to the owner and the occupant the method of discontinuance of the lead paint condition conducive to lead poisoning; (7) Advise, consult, and cooperate with other agencies of the state, the United States Government, municipal agencies, other state and interstate agencies, political subdivisions, and other private or public groups concerned with the prevention and control of lead poisoning; (8) Collect and disseminate information relating to the prevention and control of lead poisoning; (9) Formulate, adopt, promulgate, amend, and repeal rules for the prevention and control of lead poisoning; and (10) Issue such orders or modifications thereof as may be necessary in connection with proceedings under this subchapter.

Ark. Code Ann. § 20-27-606 Search warrant required for inspection — Exception.

(a) For reasonable cause, the Secretary of the Department of Health may obtain from any court of record in the county where a dwelling or other property is located a search warrant permitting the secretary's designee to enter at all reasonable times upon any private or public property, including dwellings or dwelling units. Entry may be made for the purpose of determining whether or not a lead poisoning hazard or potential hazard exists, including the collection of samples of laboratory analyses, and to determine abatement compliance. However, entry onto or into any property under the jurisdiction and control of the United States Government shall be effected only with the concurrence of the United States Government or its designated representative. (b) Entry without a warrant may be made by an agent of the Department of Health if he or she reasonably believes that exigent circumstances exist posing a clear threat to the health of any person.

Ark. Code Ann. § 20-27-607 Notification of hazard — Abatement.

(a) After completion of an inspection or investigation, the Secretary of the Department of Health or his or her designee shall notify the owner and tenant of his or her findings and, in the event any lead hazard was found, the notification shall contain instructions pertaining to abatement as prescribed by this subchapter and rules promulgated pursuant to this subchapter. (b) If the lead hazard has not been properly abated within thirty (30) days after receipt of notification, the owner shall be in violation of this subchapter.

Ark. Code Ann. § 20-27-608 Retaliatory action prohibited.

(a) After receiving notice of the presence of lead hazards, no owner of any dwelling or dwelling unit shall engage in retaliatory action against an occupant of the affected dwelling or dwelling unit especially as pertains to eviction or threat of eviction because of the presence of lead hazards. (b) This section is not intended to preclude an owner from finding other suitable housing for and in agreement with the occupant if such action is determined to be in the best interest of the occupant during the hazard abatement period.

Ark. Code Ann. § 20-27-704 Findings.

The General Assembly finds that: (1) Direct smoking of tobacco and indirect smoking of tobacco through inhaling the smoke of those who are smoking nearby are major causes of preventable diseases and death; and (2) Prohibiting tobacco use in medical facilities will decrease the use of tobacco and exposure to harm from tobacco.

Ark. Code Ann. § 20-27-705 Definitions.

For purposes of § 20-27-704 , this section, and §§ 20-27-706 — 20-27-708 : (1) “Grounds” means the buildings in and on which medical facilities operate, together with all property owned by a medical facility that is contiguous to the buildings in which medical services are provided; (2) “Medical facilities” means hospitals, including both inpatient and outpatient services, as well as hospital-owned and operated ambulatory surgery centers, hospital-owned and operated free-standing medical clinics, and human development centers as defined in § 20-48-101; and (3) “Tobacco” means cigars, cigarettes, pipes, or other tobacco-smoking devices.

Ark. Code Ann. § 20-27-706 Prohibition of smoking at medical facilities.

(a) Smoking of tobacco is prohibited in and on the grounds of all medical facilities. (b)(1) Each medical facility shall request any person who violates subsection (a) of this section to desist. (2) If the violation continues, the medical facility may report the violation to the appropriate law enforcement agency.

Ark. Code Ann. § 20-27-707 Exception.

(a) If a treating physician determines that an inpatient's treatment will be substantially impaired by the denial to that patient of the use of tobacco, the physician may enter a written order permitting the use of tobacco by that patient. (b) The order shall be consistent with: (1) The medical facility's medical staff bylaws; (2) Hospital regulations; and (3) Local ordinances.

Ark. Code Ann. § 20-27-708 Penalty.

A violation of § 20-27-706 is a Class C misdemeanor.

Ark. Code Ann. § 20-27-709 Notice at medical facilities.

(a) Each medical facility shall post signs in prominent places in its facilities and on its property to explain the prohibition of smoking under § 20-27-706. (b)(1) Notices shall be written in English and Spanish. (2) For a person who cannot read the signs, the prohibition of smoking in a medical facility on its grounds shall be given verbally in the appropriate language before any enforcement of the prohibition against the violator. (c) The Department of Health may treat a violation of this section as a deficiency to be assessed against the medical facility.

Ark. Code Ann. § 20-27-801 Unlawful to leave unattended — Exception.

(a)(1) It shall be unlawful for any person, firm, or corporation to leave or permit to remain outside of any dwelling, building, or other structure or within any unoccupied or abandoned building, dwelling, or other structure under his, her, or its control in a place accessible to children any abandoned, unattended, or discarded icebox, refrigerator, or other container that has an airtight door or lid, snaplock, or other locking device that may not be released from the inside without first removing the door or lid, snaplock, or other locking device from the icebox, refrigerator, or container. (2) This subchapter shall not apply to reefers, refrigerator, or icer cars of any railroad or railway express agency or any other refrigerator vehicles unless the vehicles have been abandoned or discarded. (b)(1) The Labor Safety Administrator of the Division of Labor or any of his or her deputies or inspectors shall have the right to remove the door hinges or to dismantle, if necessary, any icebox, refrigerator, or other container that has an airtight door or lid, snaplock, or other locking device that violates this subchapter. (2) The administrator or any of his or her deputies or inspectors shall have the right to enter any junkyard, vacant lot, dump, yard, unoccupied or abandoned building, dwelling, or other structure or place frequented by children in order to perform duties pursuant to this section. (c)(1) Any person, firm, or corporation that is found guilty of a violation of this section shall be guilty of a violation and upon conviction subject to a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100) for each violation. (2) Each icebox, refrigerator, or other container abandoned in a condition contrary to this section shall be deemed a separate offense.

Ark. Code Ann. § 20-27-802 Inside door handles required on certain walk-in refrigerators, etc.

The Labor Safety Administrator of the Division of Labor or any of his or her deputies or inspectors may require the installation of inside door handles on any walk-in refrigerator, icebox, freezer, or door of a cold storage room where in his or her discretion the absence of inside door handles in the freezing unit may endanger the life of any employee or other authorized personnel using the unit.

Ark. Code Ann. § 20-27-901 Definitions.

As used in this subchapter: (1) “Fabricator” means a person who fabricates, assembles, or glazes from component parts such structures or products commonly known as sliding glass doors, entrance doors, adjacent fixed glazed panels, storm doors, shower doors, bathtub enclosures, panels to be fixed glazed, entrance doors, or other structures to be glazed, to be used or installed in hazardous locations; (2)(A) “Hazardous locations” means those areas in residential, commercial, and public buildings where the use of other than safety glazing materials would constitute a hazard as the Secretary of the Department of Labor and Licensing or his or her designee may determine after notice and hearings as are now required by law. (B) “Hazardous locations” shall specifically include those installations, glazed or unglazed, known as sliding glass doors, framed or unframed glass doors, and adjacent fixed glazed panels which may be mistaken for a means of ingress or egress, storm doors, shower doors, and tub enclosures whether or not the glazing in the doors, panels, or enclosures is transparent; (3) “Installer” means those persons or concerns who or which install glazing materials or build structures containing glazing materials in hazardous locations; (4) “Manufacturer” means a person who manufactures safety glazing material; and (5) “Safety glazing material” means any glazing material, such as tempered glass, laminated glass, wire glass, or rigid plastic, which meets the test requirements of the American National Standards Institute Standard Z-97.1 — 1972 and which is so constructed, treated, or combined with other materials as to minimize the likelihood of cutting and piercing injuries resulting from human contact with glazing material.

Ark. Code Ann. § 20-27-902 Penalties.

(a) Any person or company violating any of the provisions of this subchapter shall be guilty of a misdemeanor. (b) Upon conviction, the person or company shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500) or imprisoned in the county jail not more than thirty (30) days, or both fined and imprisoned.

Ark. Code Ann. § 20-27-903 Labeling required.

(a)(1) Each light of safety glazing material manufactured, distributed, imported, or sold for use in hazardous locations or installed in a hazardous location within this state shall be labeled as such by etching, sand blasting, firing of ceramic material, or pressure sensitive labels on the safety glazing material. (2) The label shall identify the labeler, whether manufacturer, fabricator, or installer, the thickness and type of safety glazing material, and the fact that the material meets the test requirements of American National Standards Institute Standard Z-97.1 — 1972. (3) The label shall be legible and visible after installation. (b) Safety glazing labeling shall not be used on other than safety glazing materials.

Ark. Code Ann. § 20-27-904 Requirement in hazardous locations — Exceptions.

(a) It is unlawful in this state to knowingly sell, fabricate, assemble, glaze, install, consent to installation, or cause to be installed glazing materials other than safety glazing materials in, or for use in, any hazardous locations. (b) This section shall not apply to the replacement of glazing materials in a residence constructed for occupancy of not more than two (2) families, which residence is in existence on January 1, 1974.

Ark. Code Ann. § 20-27-905 Nonliability of employees.

No liability under this subchapter is created for workers who are employees of a contractor, subcontractor, material supplier, or other employer responsible for compliance with this subchapter.

Ark. Code Ann. § 20-27-1001 Purpose.

The purpose of this subchapter is to protect the public health and safety and the environment and to qualify the Division of Environmental Quality to adopt, administer, and enforce a program for licensing training providers involved with the training of regulated asbestos professionals, for licensing asbestos abatement consultants and asbestos abatement contractors, and for certifying air monitors, contractor-supervisors, inspectors, management planners, project designers, and workers involved with demolitions, renovations, and asbestos-response actions in which regulated asbestos-containing materials are disturbed in accordance with this subchapter, the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq., and rules issued pursuant thereto.

Ark. Code Ann. § 20-27-1002 Penalties.

(a) Any person who violates any provision of this subchapter or commits any unlawful act thereunder or who violates any rule or order of the Arkansas Pollution Control and Ecology Commission shall be subject to the penalty provisions provided in § 8-4-103. (b) All moneys collected as civil penalties shall be deposited into the Hazardous Substance Remedial Action Trust Fund as provided by § 8-7-509.

Ark. Code Ann. § 20-27-1003 Definitions.

As used in this subchapter: (1) “Air monitor” means any person who collects airborne samples for analysis of asbestos fibers; (2) “Asbestos abatement consultant” means any person or other legal entity, however organized, that acts as an agent for the owner or operator in performing demolitions, renovations, or response actions which will involve, or may involve, the removal or disturbance of asbestos-containing materials in any facility; (3) “Asbestos abatement contractor” means any person or other legal entity, however organized, that acts as an agent for the owner or operator in performing demolitions, renovations, or response actions which will involve, or may involve, the removal or disturbance of asbestos-containing materials in any facility; (4) “Category I nonfriable asbestos-containing material” means asbestos-containing packings, gaskets, resilient floor coverings, and asphalt roofing products containing more than one percent (1%) asbestos as determined using the method specified in Appendix E, Subpart E, 40 C.F.R. Part 763, Section 1, Polarized Light Microscopy; (5) “Category II nonfriable asbestos-containing material” means any material excluding Category I nonfriable asbestos-containing materials containing more than one percent (1%) asbestos as determined using the methods specified in Appendix E, Subpart E, 40 C.F.R. Part 763, Section 1, Polarized Light Microscopy, that when dry cannot be crumbled, pulverized, or reduced to powder by hand pressure; (6) “Certificate” means a document issued by the Division of Environmental Quality to any person certifying that that person has satisfactorily completed asbestos training, examination, and other requirements established by the division to perform the duties of the following: (A) Air monitor; (B) Contractor/supervisor; (C) Inspector; (D) Management planner; (E) Project designer; and (F) Worker; (7) “Contractor/supervisor” means any person who supervises the following activities with respect to friable asbestos-containing material in a facility: (A) A response action other than a small-scale short-duration activity; (B) A maintenance activity that disturbs friable asbestos-containing material other than a small-scale short-duration activity; or (C) A response action for a major fiber-release episode; (8) “Demolition” means the wrecking or taking out of any load-supporting structural member of a facility together with any related handling operations or intentional burning of a facility; (9) [Repealed.] (10) [Repealed.] (11) “Eligible structure” means a structure that: (A) Contains friable asbestos materials; (B) Unexpectedly collapses, is at imminent risk of collapse, or fails in its structural integrity; and (C) Is not a single or multifamily dwelling; (12)(A) “Facility” means: (i) Any institutional, commercial, public, industrial, or residential structure, installation, or building, including any structure, installation, or building containing condominiums or individual dwelling units operated as a residential cooperative but excluding residential buildings having four (4) or fewer dwelling units; (ii) Any ship; and (iii) Any active or inactive waste disposal site. (B) For purposes of this definition, any building, structure, or installation that contains a loft used as a dwelling is not considered a residential structure, installation, or building. Any structure, installation, or building that was previously subject to this rule is not excluded, regardless of its current use or function; (13) “Friable asbestos materials” means any materials containing more than one percent (1%) asbestos as determined by using the method specified in Appendix E, Subpart E, 40 C.F.R. Part 763, Section 1, Polarized Light Microscopy, that when dry can be crumbled, pulverized, or reduced to powder by hand pressure; (14) “Inspector” means any person who inspects for asbestos-containing material in a facility; (15) “License” means a document issued by the division to an asbestos abatement contractor, asbestos abatement consultant, or training provider who meets the criteria for licensing as established by the division; (16) “Management planner” means any person who prepares management plans for a school; (17) “Nonfriable asbestos-containing material” means any material containing more than one percent (1%) of asbestos as determined using the method specified in Appendix E, Subpart E, 40 C.F.R. Part 763, Section 1, Polarized Light Microscopy, that when dry cannot be crumbled, pulverized, or reduced to powder by hand pressure; (18) “Owner or operator” means any person who owns, leases, operates, controls, or supervises the facility being demolished or renovated or any person who owns, leases, operates, controls, or supervises the demolition or renovation operation, or both; (19) “Project designer” means any person who designs the following activities with respect to friable asbestos-containing material in a facility: (A) A response action other than a small-scale short-duration activity; (B) A maintenance activity that disturbs friable asbestos-containing material other than a small-scale short-duration activity; or (C) Response action for a major fiber-release episode; (20) “Regulated asbestos-containing material” means: (A) Friable asbestos material; (B) Category I nonfriable asbestos-containing material that has become friable; (C) Category I nonfriable asbestos-containing material that will be or has been subjected to sanding, grinding, cutting, or abrading; or (D) Category II nonfriable asbestos-containing material that has a high probability of becoming or has become crumbled, pulverized, or reduced to powder by the forces expected to act on the material in the course of demolition or renovation operations regulated by this subchapter; (21) “Renovation” means altering a facility or one (1) or more facility components in any way, including the stripping or removal of regulated asbestos-containing material from a facility component. Operations in which load-supporting structural members are wrecked or taken out are demolitions; (22) “Response action” means a method, including removal, encapsulation, enclosure, repair, and operation and maintenance, that protects human health and the environment from friable asbestos-containing material; (23) “Stabilization and abatement activity” means an activity relating to the abatement of friable asbestos materials in an eligible structure, including without limitation inspection, removal, site stabilization, and remediation; (24) “Training provider” means any person or other legal entity, however organized, that conducts some or all of the training programs for asbestos professional disciplines which are regulated by the division; and (25) “Worker” means any person who carries out any of the following activities with respect to friable asbestos-containing material in a facility: (A) A response action other than a small-scale short-duration activity; (B) A maintenance activity that disturbs friable asbestos-containing material other than a small-scale short-duration activity; or (C) A response action for a major fiber-release episode.

Ark. Code Ann. § 20-27-1004 Powers and duties of Division of Environmental Quality.

The Division of Environmental Quality shall be charged with the responsibility of administering and enforcing this subchapter and is given and charged with the following powers and duties: (1) To require and regulate training and examinations for all disciplines certified by this subchapter and the rules promulgated pursuant to this subchapter; (2) To establish standards and procedures for the licensing of consultants, contractors, and training providers and to establish performance standards for the abatement of friable and nonfriable asbestos materials. The performance standards shall be as stringent as those standards adopted by the United States Environmental Protection Agency pursuant to section 112 of the Clean Air Act, 42 U.S.C. § 7401 et seq.; (3) To enforce rules necessary or appropriate to the implementation of this subchapter, including taking legal action in any court of competent jurisdiction; (4) To issue licenses and certificates to all applicants who satisfy the requirements of this subchapter and any rules issued pursuant to this subchapter, to renew the licenses and certificates, and to suspend or revoke the licenses and certificates for cause and after notice and opportunity for hearing; (5) To establish annual license fees for asbestos abatement consultants, asbestos abatement contractors, and training providers, annual certification fees for air monitors, contractor/supervisors, inspectors, management planners, project designers, and workers in order to recover the costs of processing license and certificate applications and the issuance of licenses and certificates, and such other fees as are necessary to recover the costs of enforcing this subchapter; and (6) To expend necessary funds from the Asbestos Control Fund to develop and administer the Asbestos Abatement Grant Program.

Ark. Code Ann. § 20-27-1005 Procedures.

The procedures of the Division of Environmental Quality and the Arkansas Pollution Control and Ecology Commission for issuance of rules, conduct of hearings, notice, power of subpoena, review of action on licenses, right of appeal, presumptions, finality of actions, and related matters shall be as provided in the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq., including, but not limited to, §§ 8-4-205 , 8-4-210 , 8-4-212 — 8-4-214 , and 8-4-218 — 8-4-229 .

Ark. Code Ann. § 20-27-1006 License required — Exceptions.

(a) Any asbestos abatement consultant or asbestos abatement contractor shall obtain a license under this section from the Division of Environmental Quality before actively engaging in any asbestos demolition, renovation, or asbestos response action, and any training provider shall obtain a license under this section from the division before actively engaging in any asbestos training as provided by this subchapter. (b)(1) The application for license shall be made in the manner and form required by the division. An application for license or renewal of a license shall be accompanied by proof of liability insurance coverage in the form and amount required by the division and proof of training and examination as required by the division. (2) Training providers shall not be required to furnish proof of liability insurance coverage under subdivision (b)(1) of this section. (c)(1) The division shall license all applicants for licenses under this subchapter who satisfy the requirements of this subchapter. (2) Licenses shall be valid for a period of one (1) year. (3) Licenses shall be renewable upon application and upon satisfying the renewal requirements of the division. (d) State and federal governments and subdivisions thereof shall be exempt, except for training providers, from the license requirements of this section.

Ark. Code Ann. § 20-27-1007 Prohibitions.

It shall be unlawful for any person: (1) To conduct: (A) Asbestos response actions, demolitions, or renovations without having first obtained a license from the Division of Environmental Quality when acting as an asbestos abatement consultant or as an asbestos abatement contractor; (B) Training without having first obtained a license from the division when acting as an asbestos training provider; or (C) Asbestos response actions, demolitions, or renovations without having first obtained certification from the division when acting as a clearance air monitor, contractor/supervisor, inspector, management planner, project designer, or worker; (2) To participate in any response action, demolition, or renovation contrary to the rules or orders issued under this subchapter or contrary to the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq., and the Arkansas Solid Waste Management Act, § 8-6-201 et seq., and the rules promulgated thereunder, whether or not such person is required to have a license or certificate pursuant to this subchapter; (3) To knowingly make any false statement, representation, or certification in any application, record, report, or other document filed or required to be maintained under this subchapter or rules adopted pursuant to this subchapter or to falsify, tamper with, or knowingly render inaccurate any monitoring device or method required to be maintained under this subchapter or any rules adopted pursuant to this subchapter; or (4) To violate any provision of this subchapter or any rule or order adopted or issued under this subchapter.

Ark. Code Ann. § 20-27-1008 Asbestos Abatement Grant Program — Limitation on grant funds.

(a) There is created within the Division of Environmental Quality the Asbestos Abatement Grant Program, which shall be used to provide financial assistance to an eligible city or county to be used exclusively for the purpose of one (1) or more stabilization and abatement activities as provided in this subchapter. (b) The total grant funds approved under this subchapter shall not exceed one hundred fifty thousand dollars ($150,000) per fiscal year.

Ark. Code Ann. § 20-27-1009 Grant eligibility — Distribution of grant funds.

(a)(1) A city or county with a population of less than fifty thousand (50,000) according to the most recent federal decennial census may apply to the Division of Environmental Quality for grant funds to be used under this subchapter. (2) Grant funds approved for use by a county shall not be used for a stabilization and abatement activity within a city that has a population of fifty thousand (50,000) or greater according to the most recent federal decennial census. (b) To be eligible to receive grant funds under this subchapter, a city or county shall certify the following information to the division in the form required by the division for grant applications under this subchapter: (1) Verification from an authorized local government official that: (A) There is an eligible structure located in the city or county; (B) The city or county either: (i) Owned the eligible structure at the time the eligible structure collapsed, was at imminent risk of collapse, or failed in its structural integrity; or (ii) Has taken ownership of the eligible structure since the eligible structure collapsed, was at imminent risk of collapse, or failed in its structural integrity; and (C) The city or county did not cause or contribute to the collapse or failure of the structural integrity of the eligible structure; (2) Verification in the form of a report and site assessment from an asbestos abatement consultant or asbestos abatement contractor licensed under § 20-27-1006 that the friable asbestos materials in the eligible structure pose a potential threat to public health; (3) A proposed project design and work plan that complies with the rules of the Arkansas Pollution Control and Ecology Commission; and (4) An estimate of the anticipated costs associated with and any costs already incurred for each stabilization and abatement activity. (c) When the division approves a grant application received under this section, the division shall distribute grant funds based on the available moneys dedicated to the Asbestos Abatement Grant Program in the Asbestos Control Fund according to procedures established by the Director of the Division of Environmental Quality.

Ark. Code Ann. § 20-27-1010 Costs eligible for grant funds.

The grant funds approved under § 20-27-1009 may be used for the following: (1) The cost of activities undertaken in an approved grant application by a city or county in the normal course and customary practice of a stabilization and abatement activity for an eligible structure owned by a city or county in the following amounts: (A) Not more than fifty percent (50%) of the total cost of asbestos abatement activities; and (B) Not more than two thousand dollars ($2,000) for the initial asbestos inspection; or (2) If the Division of Environmental Quality determines that an asbestos emergency exists that constitutes an immediate threat to human health or the environment, the costs associated with the stabilization and remediation of the emergency asbestos conditions.

Ark. Code Ann. § 20-27-1011 Grant requirements — Return of unused funds.

(a) Within thirty (30) days of receiving grant funds under this subchapter, a city or county shall provide a report to the Division of Environmental Quality that includes the following: (1) The manner in which the grant funds were expended by the city or county; (2) The results produced or the progress made using the grant funds; and (3) A copy of each contract, invoice, purchase order, check, and other supporting documentation associated with the expenditures of the grant funds for each stabilization and abatement activity. (b) If the stabilization and abatement activity for which grant funds are approved is not complete at the time of the report required under subsection (a) of this section, the city or county shall: (1) Notify the division of the date the city or county expects the stabilization and abatement activity to be complete; and (2) Continue to report its progress to the division every fourteen (14) days until the approved stabilization and abatement activity is complete and the requirements of this section are met. (c)(1) A city or county that receives grant funds under this subchapter shall immediately return to the division any unused portion of the grant funds when the stabilization and abatement activity is complete. (2) The division shall deposit any unused grant funds returned to the division by a city or county under subdivision (c)(1) of this section into the Asbestos Control Fund to be used exclusively for the Asbestos Abatement Grant Program.

Ark. Code Ann. § 20-27-1012 Rules.

The Arkansas Pollution Control and Ecology Commission shall promulgate rules to implement this subchapter.

Ark. Code Ann. § 20-27-1101 Penalty.

Any person who knowingly violates any provision of this subchapter or any rule or order adopted pursuant to this subchapter shall be guilty of a Class B misdemeanor.

Ark. Code Ann. § 20-27-1102 Rules – Enforcement – Administration.

(a) The Secretary of the Department of Labor and Licensing or his or her designee shall promulgate rules to establish minimum standards for the qualifications of those individuals performing blasting in Arkansas. (b) The secretary or his or her designee shall implement, enforce, and administer this subchapter and the rules adopted pursuant to this subchapter. (c) Rules under this section shall be adopted pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (d)(1) The secretary or his or her designee may establish by rule fees for certifying individuals as qualified to perform blasting in Arkansas. (2) The fees shall not exceed the sum of thirty dollars ($30.00) per applicant.

Ark. Code Ann. § 20-27-1103 Exemptions.

This subchapter shall not apply to the following: (1) Blasting conducted at a surface coal mine regulated by the Division of Environmental Quality pursuant to the Arkansas Surface Coal Mining and Reclamation Act of 1979, § 15-58-101 et seq.; and (2) Blasting conducted during seismic operations regulated by the Oil and Gas Commission pursuant to § 15-71-114.

Ark. Code Ann. § 20-27-1201 Sewage disposal plans — Fees — Definitions.

(a) As used in this section: (1) [Repealed.] (2) “Mobile home” means a transportable, single-family dwelling unit suitable for year-round occupancy and containing the same water supply, waste disposal, and electrical conveniences as immobile housing; and (3) “Travel trailer” means a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational, and vacation uses, permanently identified “travel trailer” by the manufacturer of the trailer and, when factory-equipped for the road, it shall have a body width not exceeding eight feet (8') and a length not exceeding thirty-two feet (32'). (b) When a mobile home park or travel trailer park is hereafter constructed utilizing a noncentralized method of sewage disposal, properly prepared plans and specifications for the construction shall be submitted to the Division of Environmental Health Protection of the Department of Health for approval before any work is begun. (c) The plan review fee shall be as follows: (1) Two (2) — twenty-five (25) spaces $25.00 (2) Twenty-six (26) — fifty (50) spaces 50.00 (3) Fifty-one (51) — seventy-five (75) spaces 75.00 (4) Seventy-six (76) or more spaces 100.00 (d) All fees collected under this section are special revenues and shall be deposited into the State Treasury to the credit of the Public Health Fund to be used exclusively for the operation of the department. (e) Subject to such rules as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the department may transfer all unexpended funds received from the collection of plan review fees, as certified by the Chief Fiscal Officer of the State, which shall be carried forward and made available for expenditure for the same purpose for any following fiscal year.

Ark. Code Ann. § 20-27-1301 Title.

This subchapter may be called the “Arkansas Quarry and Open Pit Mine Blasting Control Act”.

Ark. Code Ann. § 20-27-1302 Definitions.

As used in this subchapter: (1) “Blasting” means the use of explosives or a blasting agent; (2) “Blasting agent” means any material or mixture, consisting of fuel and oxidizer, that is intended for blasting if the finished product, as mixed for use or shipment, cannot be detonated by means of a No. 8 test blasting cap when unconfined; (3) “Contractor” means any person conducting blasting at a quarry or open pit mine other than the owner or operator and its employees; (4) [Repealed.] (5) [Repealed.] (6) “Explosives” means any substance classified as an explosive by either state or federal law; (7) “Mine” means any quarry or open pit; (8) “Operator” means any person conducting surface mining operations at a quarry or open pit; (9) “Owner” means the actual owner of the mine; (10) “Person” means any individual, partnership, corporation, business, or other entity; and (11) “Quarry” or “open pit mine” means any open excavation, prospect opening, pit, bank, or open-cut workings for the surface extraction of minerals, stone, or other product for commercial use, excluding coal.

Ark. Code Ann. § 20-27-1303 Blasting Standards.

(a) Blasting shall be conducted to prevent injury to persons, damage to public or private property, adverse impact on any underground mine, and change in the course, channel, or availability of surface or ground water outside the mine's perimeter. (b)(1) In blasting operations, airblast shall not exceed the maximum limits set forth in 30 C.F.R. § 816.67(b), at the location of any structure, residence, public building, school, church, or commercial or institutional building outside the perimeter of a mine and owned or leased by a person other than the mine owner or operator. (2)(A) If necessary to prevent damage, the Secretary of the Department of Labor and Licensing or his or her designee may require lower maximum allowable airblast levels than those specified in subdivision (b)(1) of this section for use in the vicinity of a specific blasting operation. (B) Such an action shall only be taken following consultation with whatever expert or experts the secretary or his or her designee deems appropriate. (3)(A) The secretary or his or her designee may require airblast measurement of any or all blasts and may specify the locations at which such measurements are taken. (B) The measuring system shall have an upper-end flat frequency response of at least two hundred hertz (200 Hz). The measuring system shall also have a low-end frequency response of two hertz (2 Hz) and be within minus three decibels (-3 dB) at two hertz (2 Hz). (c)(1) Flyrock from blasting operations, traveling in the air or along the ground, should not be cast from the mine site. (2) In the event that flyrock is cast from the mine site, the owner or operator and contractor shall be liable and responsible for any damages, including cleanup and removal of the flyrock. (d)(1)(A) In blasting operations, ground vibration shall not exceed the maximum limits established in accordance with either the maximum peak particle velocity limits contained in 30 C.F.R. § 816.67(d)(2), or the scaled-distance equation established at 30 C.F.R. § 816.67(d)(3), at the location of any structure, residence, public building, school, church, or commercial or institutional building outside the perimeter of a mine and owned or leased by a person other than the mine owner or operator. (B) If a seismographic record for a blast exists or is required, the maximum limit for ground vibration shall be the peak particle velocity limits contained in 30 C.F.R. § 816.67(d)(2), at any structure, residence, public building, school, church, or commercial or institutional building. (2)(A) If necessary to prevent damage, the secretary or his or her designee may require lower maximum allowable ground vibration levels than those specified in subdivision (d)(1) of this section for use in the vicinity of a specific blasting operation. (B) Such action shall only be taken following consultation with whatever expert or experts the secretary or his or her designee deems appropriate. (3) The secretary or his or her designee may require an owner or operator to conduct seismic monitoring of any blasts or may specify the location at which the measurements are taken and the degree of detail necessary in the measurement. (e)(1) The maximum limits for airblast and ground vibration as specified in subdivisions (b)(1) and (d)(1) of this section shall be construed as the threshold below which blasting damage is unlikely to occur. However, the secretary or his or her designee shall have the authority to promulgate rules requiring more or less restrictive limits, as appropriate. (2) Such an action shall only be taken following consultation with whatever expert or experts the secretary or his or her designee deems appropriate. ′ (f)(1) If a pit or quarry is closer than three hundred feet (300 ) from any public highway, road, or street, no blasting shall be conducted without the prior written approval of the secretary or his or her designee. (2) Notwithstanding subdivision (f)(1) of this section, any quarry or pit in existence on July 1, 1995, shall be allowed to continue operations without obtaining the written approval of the secretary or his or her designee. (g)(1) All blasting operations shall be conducted between sunrise and sunset, unless extraordinary circumstances arise which would necessitate conducting a blast outside these hours. (2) Such circumstances shall be documented in the blast records required by § 20-27-1305. (h)(1) Before the firing of a blast, the owner or operator or contractor shall follow a definite plan of warning signals that can be clearly seen or heard by anyone in the blasting area. (2) The owner or operator shall inform all employees at the operation as to the established procedure.

Ark. Code Ann. § 20-27-1304 Notice of blasting operations.

(a)(1) Any owner or operator and contractor conducting blasting operations in this state on July 1, 1995, shall notify the Secretary of the Department of Labor and Licensing or his or her designee of each site or location on which blasting operations are conducted. (2) Such notice shall be filed with the Department of Labor and Licensing no later than October 1, 1995. (b) Any owner or operator and contractor which, after July 1, 1995, begins blasting at a new site or location, or at a site on which no blasting has occurred for a period of six (6) consecutive months, shall notify the secretary or his or her designee of its operation at least twenty- four (24) hours in advance of the initial blast. (c) The notice required by subsections (a) and (b) of this section shall be on a form approved by the secretary or his or her designee and shall include, but not be limited to, the following information: (1) The name, address, and telephone number of the mine owner or operator; (2) The name, address, and telephone number of the operator or contractor performing the blast; (3) The location of the quarry site or open pit mine; and (4) The location where the records of the blasting operations are to be maintained. (d) All owners and operators and contractors shall notify the secretary or his or her designee in writing of any change of address or location.

Ark. Code Ann. § 20-27-1305 Recordkeeping.

(a)(1) The owner or operator shall retain a record of all blasts for at least three (3) years. (2) Upon request, copies of these records shall be made available to the Division of Labor for inspection. (3) The records shall contain the following data: (A) The name of the operator or contractor conducting the blast; (B) The location, date, and time of the blast; (C) The name and signature and the state certification number of the blaster conducting the blast; (D) The identification and direction and distance, in feet, from the nearest blast hole to the nearest structure, residence, public building, school, church, or commercial or institutional building outside the perimeter of the mine which is owned or leased by a person other than the mine owner or operator; (E) The weather conditions, including those which may cause possible adverse blasting effects; (F) The type of material blasted; (G) The sketches of the blast pattern, including number of holes, burden, spacing, decks, and delay pattern; (H) The diameter and depth of the holes; (I) The types of explosives used; (J) The total weight of explosives used per hole; (K) The maximum weight of explosives detonated in an eight-millisecond period; (L) The initiation system; (M) The type and length of stemming; (N) The mats or other protection used; (O) The seismographic and airblast records, if required, which shall include: (i) The type of instrument, the sensitivity, and the calibration signal or certification of annual calibration; (ii) The exact location of the instrument and the date, time, and distance from the blast; (iii) The name of the person and firm who set up the instrument; (iv) The name of the person and firm taking the reading; (v) The name of the person and firm analyzing the seismographic record; and (vi) The vibration level or airblast level, or both, recorded; (P) The reasons and conditions for each unscheduled blast; and (Q) The reasons and conditions for any blast conducted before sunrise or after sunset. (b)(1) The records required by subsection (a) of this section shall be maintained at the mine where the blast was conducted or at the regular business location of the owner or operator. (2) Copies of the records required by subsection (a) of this section shall be maintained by the contractor.

Ark. Code Ann. § 20-27-1306 Insurance.

(a) All owners, operators, and contractors covered by this subchapter shall maintain a policy of insurance issued by an insurance company authorized to do business in Arkansas and insuring the owner, operator, or contractor against liability for personal injury or property damage arising out of the operation or use of the mine in the minimum amount of one million dollars ($1,000,000) for each incident or occurrence. (b) Proof of such coverage shall be made available to the Secretary of the Department of Labor and Licensing or his or her authorized representative upon request.

Ark. Code Ann. § 20-27-1307 Exemptions — Owners and operators.

(a) This subchapter shall not apply to any mine in existence or operation on July 1, 1995, unless the mine or quarry site has been the subject of a criminal or civil proceeding resulting from its blasting operations within the three-year period before January 1, 1995. (b) Notwithstanding subsection (a) of this section, the authority of the Secretary of the Department of Labor and Licensing or his or her designee shall not be restricted with respect to: (1) Mines or quarries which were in existence and operation on July 1, 1995, but which change owners or operators after July 1, 1995; or (2) New or existing mines or quarries which were not in operation on July 1, 1995.

Ark. Code Ann. § 20-27-1308 Powers and duties generally.

(a) In addition to other powers and authority provided by law, the Secretary of the Department of Labor and Licensing or his or her authorized representative shall have the following authority: (1) To promulgate rules for the administration and enforcement of this subchapter after public hearing and opportunity for public comment; (2) To establish by rule standards for the performance of blasting operations at mines after public hearing and opportunity for public comment; (3) To investigate as to any violation of this subchapter or any rule or order issued under this subchapter; (4) To administer oaths, take or cause to be taken the depositions of witnesses, and require by subpoena the attendance and testimony of witnesses and the production of all records and other evidence relative to any matter under investigation or hearing; (5) To enter and inspect during normal business hours any mine, any place of business of a mine owner or operator, or any place of business of any contractor engaged in blasting operations at any mine for the purpose of ascertaining compliance with this subchapter and any rule or order issued under this subchapter. This right of entry includes the right to examine, inspect, and copy any appropriate records and to question any employees; (6) To issue cease and desist orders, as well as orders directing that affirmative measures be taken to comply with this subchapter and any rule issued under this subchapter; (7) To require, at his or her discretion, a mine owner or operator or contractor to offer a pre-blast survey of all buildings or structures up to a radius of one-half (½) of a mile of the perimeter of the mine before the initiation of blasting or the continuation of blasting under such terms and conditions as may be established by order of the secretary or his or her designee; (8) To require, at his or her discretion, a mine owner or operator or contractor to develop and submit a blasting plan for approval; (9) To require, at his or her discretion, a mine owner or operator or contractor to monitor and measure air blasts or ground vibration, or both, under such terms and conditions as may be established by order of the secretary or his or her designee or to conduct such monitoring and measuring through his or her authorized representative; (10) To issue a variance from any specific requirement of this subchapter or any rule issued under this subchapter, provided that literal compliance would constitute an undue hardship and that reasonable safety of persons and property is secured; (11) To certify to official acts; (12) To assess civil penalties as provided in § 20-27-1313; and (13) To enforce generally this subchapter and the rules and orders issued under this subchapter. (b) In determining whether to order a pre-blast survey or whether to order monitoring and measurement of air blasts and ground vibration, the secretary or his or her designee may consider the nature of any written complaints made against that owner or operator or contractor or any written complaints about that specific mine location, as well as the number and frequency of such complaints. (c) In case of failure of any person to comply with any subpoena lawfully issued under this section or upon the refusal of any witness to produce evidence or to testify to any matter regarding which he or she may be lawfully interrogated, it shall be the duty of any circuit court or judge thereof, upon application of the Division of Labor, to compel obedience by proceedings for contempt, as in the case of disobedience of the requirements of a subpoena issued by the court or a refusal to testify therein.

Ark. Code Ann. § 20-27-1309 Hearings, orders, and notices.

(a) All hearings conducted by the Secretary of the Department of Labor and Licensing or his or her designee and all orders, notices, and assessments shall conform to the requirements of the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (b) Service of any notice, order, or assessment may be made by delivery to the person to be ordered or notified or by mailing it, postage prepaid, addressed to the person at his or her principal place of business as last of record with the Division of Labor. (c)(1) Any administrative order issued by the secretary or his or her designee shall be final, unless within twenty (20) days after service of notice thereof, the person charged with the violation or any complainant entitled to such notice notifies the secretary or his or her designee in writing that the order is contested. (2) A complainant entitled to notice is any person who has made a written complaint within the past three (3) years to the division regarding the blasting operations of the person charged with the violation. (d) If an order is contested, a final administrative order shall be made after hearing. (e) Any final administrative action is subject to appeal pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Ark. Code Ann. § 20-27-1310 Cooperation with State Fire Marshal.

(a) The Secretary of the Department of Labor and Licensing or his or her designee shall consult the State Fire Marshal regarding the adoption of any rules. (b) The Division of Labor and the State Fire Marshal shall cooperate and coordinate their activities in order to avoid duplication of services.

Ark. Code Ann. § 20-27-1311 Existing rules — Orders — Remedies.

(a) All existing rules of any other state agency relating to subjects embraced within this subchapter shall remain in full force and effect unless expressly repealed, amended, or superseded by the state agency affected. (b) All orders entered, permits granted, and pending legal proceedings instituted by any person, public or private, relating to subjects embraced within this subchapter shall remain unimpaired and in full force and effect until superseded by actions taken by the Secretary of the Department of Labor and Licensing or his or her designee under this subchapter. (c) No existing civil or criminal remedies, public or private, for any wrongful action relating to subjects embraced by this subchapter shall be excluded or impaired by this subchapter.

Ark. Code Ann. § 20-27-1312 Criminal penalties.

(a) Except as provided in subsection (b) of this section, any person who violates any provision of this subchapter or who violates any rule or order issued under this subchapter shall be guilty of a Class A misdemeanor. (b)(1) It shall be unlawful for a person to: (A) Violate any provision of this subchapter or any rule or order issued under this subchapter and leave the state or remove his or her person from the jurisdiction of this state; (B) Purposely, knowingly, or recklessly conduct blasting in a manner prohibited by this subchapter or any rule or order issued under this subchapter and thereby create a substantial likelihood of adversely affecting the health, safety, welfare, or property of any person, including the state or any political subdivision of the state; or (C) Purposely or knowingly make any false statement, representation, omission, or certification in any document required to be maintained under this subchapter or to falsify, tamper with, or render inaccurate any monitoring device, method, or record required to be maintained under this subchapter. (2) A person who violates this subsection shall be guilty of a Class D felony.

Ark. Code Ann. § 20-27-1313 Civil penalties.

(a)(1) Any person who violates any provision of this subchapter or who violates any rule or order issued under this subchapter may be assessed an administrative civil penalty by the Secretary of the Department of Labor and Licensing or his or her designee in an amount not to exceed ten thousand dollars ($10,000) per violation. (2) Each day of a continuing violation may be deemed a separate violation for purposes of penalty assessment. (b)(1) Assessment of a civil penalty by the secretary or his or her designee shall be made no later than three (3) years from the date of the occurrence of the violation. (2)(A) In his or her discretion, the secretary or his or her designee may accept payment of assessed civil penalties in installments. (B) The assessment by the secretary or his or her designee shall be final, unless, within twenty (20) days after service of notice thereof by certified mail, the person charged with the violation or any complainant entitled to such notice notifies the secretary or his or her designee in writing that the proposed assessment is contested. (C) If an assessment is contested, a final administrative determination shall be made pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (c) When finally determined, the amount of any assessment may be recovered in a civil action brought by the secretary or his or her designee in a court of competent jurisdiction without paying costs or giving bond for costs. (d)(1) Sums collected as reimbursement for expenses, costs, and damages to the Division of Labor shall be deposited into the operating fund of the division. (2) Sums collected as civil penalties shall be deposited into the General Revenue Fund Account of the State Apportionment Fund. (e) Notice of any assessment by the secretary or his or her designee shall be served on any person who has made a written complaint within the past three (3) years to the division regarding the blasting operations of the person charged with the violation.

Ark. Code Ann. § 20-27-1314 Restraint In addition to the civil penalty provided in § 20-27-1313, the Secretary of the Department of Labor and Licensing or his or her designee may petition any court of competent jurisdiction without paying costs or giving bond for costs to:

(1)(A) Enjoin or restrain any violation of or compel compliance with this subchapter and any rules or orders issued under this subchapter. (B) In situations in which there is an imminent threat to public or worker safety or to property, the secretary or his or her designee may seek a temporary restraining order for the cessation of any blasting; (2) Affirmatively order that such remedial measures be taken as may be necessary or appropriate to implement or effectuate the purposes and intent of this subchapter; and (3) Recover all costs, expenses, and damages to the Division of Labor and any other agency or subdivision of the state in enforcing or effectuating this subchapter.

Ark. Code Ann. § 20-27-1315 Private right of action.

Any person adversely affected by a violation of this subchapter or any rules or orders issued pursuant to this subchapter shall have a private right of action for relief against the violator.

Ark. Code Ann. § 20-27-1316 Joint and several liability.

The owner or operator of any quarry or open pit mine where a blast is conducted and any contractor conducting the blast shall be jointly and severally liable for violations of this subchapter and any rules issued under this subchapter.

Ark. Code Ann. § 20-27-1317 Injunctive relief.

In addition to all other remedies provided by this subchapter, the Attorney General and the prosecuting attorney of a county may apply to the circuit court or the judge in vacation of the county where the quarry or open pit mine is located for an injunction to restrain, prevent, or abate a public nuisance related to the subjects embraced by this subchapter or any violation of this subchapter or the rules or orders issued under this subchapter.

Ark. Code Ann. § 20-27-1401 Use of CPVC pipe authorized for certain residential structures.

Chlorinated polyvinyl chloride SDR11 pipe and fittings may hereafter be used in the above-concrete installation of potable hot and cold water distribution systems in residential structures containing no more than four (4) living units.

Ark. Code Ann. § 20-27-1601 Title.

This subchapter shall be known as the “Children's Product Safety Act of Arkansas”.

Ark. Code Ann. § 20-27-1602 Definitions.

As used in this subchapter: (1)(A) “Children's product” means a product, including, but not limited to, a full-size crib, non-full-size crib, toddler bed, bed, car seat, chair, high chair, booster chair, hook-on chair, bath seat, gate, or other enclosure for confining a child in a play yard, stationary activity center, carrier, stroller, walker, swing, toy, or play equipment that meets the following criteria: (i) The product is designed or intended for the care of or use by children under six (6) years of age or is designed or intended for the care of or use by both children under six (6) years of age and children six (6) years of age or older; and (ii) The product is designed or intended to come into contact with the child while the product is used. (B) “Children's product” does not mean a product that: (i) May be used by or for the care of a child under six (6) years of age but is designed or intended for use by the general population or segments of the general population and not solely or primarily for use by or for the care of a child; or (ii) Is a medication, drug, or food that is intended to be ingested; (2) “Commercial user” means any person who deals in children's products or who otherwise by his or her occupation holds himself or herself out as having knowledge or skill peculiar to children's products, or any person who is in the business of remanufacturing, retrofitting, selling, leasing, subletting, or otherwise placing in the stream of commerce children's products; (3) “Crib” means a bed or containment designed to accommodate an infant; (4) “Full-size crib” means a full-size crib as defined in 16 C.F.R. § 1508.3, as it exists on January 1, 2001, regarding the requirements for full-size cribs; (5) “Infant” means any person less than thirty-five inches (35") tall and less than three (3) years of age; (6) “Non-full-size crib” means a non-full-size crib as defined in 16 C.F.R. § 1509.3, as it exists on January 1, 2001, regarding the requirements for non-full-size cribs; and (7) “Person” means a natural person, firm, corporation, limited liability company, or association or an employee or agent of a natural person or an entity.

Ark. Code Ann. § 20-27-1603 Unsafe children's products — Prohibition.

(a) No commercial user shall remanufacture, retrofit, sell, contract to sell or resell, lease, sublet, or otherwise place in the stream of commerce a children's product that is unsafe. (b) A children's product is unsafe for purposes of this subchapter if it meets any of the following criteria: (1) It does not conform to federal law and regulatory standards for the children's product; (2) It has been recalled for any reason by an agency of the United States Government or by the product's manufacturer, distributor, or importer, and the recall has not been rescinded; or (3) An agency of the United States Government has issued a warning that a specific product's intended use constitutes a safety hazard, and the warning has not been rescinded. (c)(1) The Attorney General shall create, maintain, and update quarterly a comprehensive list of children's products that have been identified as recalled children's products as determined by the United States Consumer Product Safety Commission. (2) The Attorney General shall make the comprehensive list available to the public at no cost by posting it on the internet and encouraging links from the internet site. (d) A crib is unsafe if it does not conform to the standards existing on January 1, 2001, endorsed or established by the United States Consumer Product Safety Commission, including, but not limited to, Title 16 of the Code of Federal Regulations and the American Society for Testing and Materials, as follows: (1) 16 C.F.R. § 1508 and any regulations adopted to amend or supplement the regulations; (2) 16 C.F.R. § 1509 and any regulations adopted to amend or supplement the regulations; (3) 16 C.F.R. § 1303 and any regulations adopted to amend or supplement the regulations; and (4) The following standards and specifications as exist on January 1, 2001, of the American Society for Testing and Materials for corner posts of baby cribs and structural integrity of baby cribs: (A) American Society for Testing and Materials F 966-90, concerning corner post standard; (B) American Society for Testing and Materials F 1169-88, concerning structural integrity of full-size baby cribs; and (C) American Society for Testing and Materials F 1822-97, concerning non-full-size cribs. (e) Cribs that are unsafe shall include, but not be limited to, cribs that have any of the following dangerous features or characteristics: (1) Corner posts that extend more than one-sixteenth inch (1/16"); (2) Spaces between side slats more than two and three hundred seventy-five hundredths inches (2.37"); (3)(A) Mattress support that can be easily dislodged from any point of the crib. (B) A mattress segment can be easily dislodged if it cannot withstand at least a twenty-five-pound upward force from underneath the crib; (4) Cutout designs on the end panels; (5) Rail height dimensions that do not conform to both of the following: (A) The height of the rail and end panel as measured from the top of the rail or panel in its lowest position to the top of the mattress support in its highest position is at least nine inches (9"); and (B) The height of the rail and end panel as measured from the top of the rail or panel in its highest position to the top of the mattress support in its lowest position is at least twenty-six inches (26"); (6) Any screws, bolts, or hardware that are loose and not secured; (7) Sharp edges, points, or rough surfaces or any wood surfaces that are not smooth and free from splinters, splits, or cracks; (8) Tears in mesh or fabric sides in a non-full-size crib; (9) A non-full-size crib that folds in a “V” shape design that does not have top rails that automatically lock into place when the crib is fully set up; or (10) The mattress pad in a non-full-size mesh or fabric crib exceeds one inch (1"). (f)(1) An unsafe children's product may be retrofitted if the retrofit has been approved by the agency of the United States Government issuing the recall or warning or the agency responsible for approving the warning. (2) A retrofitted children's product may be sold if it is accompanied at the time of sale by a notice declaring that it is safe to use for a child under six (6) years of age. (3) The notice shall include: (A) A description of the original problem which made the recalled product unsafe; (B) A description of the retrofit which explains how the original problem was eliminated and declaring that it is now safe to use for a child under six (6) years of age; and (C)(i) The name and address of the commercial user who accomplished the retrofit certifying that the work was done, along with the name and model number of the product retrofitted. (ii) The commercial user is responsible for ensuring that the notice is present with the retrofitted product at the time of sale. (g) A retrofit is exempt from this subchapter if: (1) The retrofit is for a children's product that requires assembly by the consumer; (2) The approved retrofit is provided with the product by the commercial user; (3) The retrofit is accompanied at the time of sale by instructions explaining how to apply the retrofit; or (4) The seller of a previously unsold product accomplishes before sale the repair approved or recommended by an agency of the United States Government.

Ark. Code Ann. § 20-27-1604 Remedies and enforcement.

(a) Any act or practice which is a violation of this subchapter shall constitute an unfair and deceptive act or practice as defined by the Deceptive Trade Practices Act, § 4-88-101 et seq. (b) All remedies, penalties, and authority granted to the Attorney General under the Deceptive Trade Practices Act, § 4-88-101 et seq., shall be available to the Attorney General for the enforcement of this subchapter. (c) Nothing in this section limits the rights or remedies which are otherwise available to any person under any law.

Ark. Code Ann. § 20-27-1605 Unsafe children's products — Childcare facilities.

(a)(1) A childcare facility may not use or have on the premises an unsafe children's product as described in this subchapter. (2) This subsection does not apply to an antique or collectible children's product if it is not used by or accessible to any child in the childcare facility. (b)(1) Within sixty (60) calendar days after August 13, 2001, the Attorney General shall send a letter to all licensed childcare facilities informing them of the provisions of this subchapter. (2)(A) The Attorney General shall notify licensed childcare facilities of the provisions of this subchapter and of recalled children's products as identified by the United States Consumer Product Safety Commission by maintaining a list of those products on its website. (B) The list shall be updated quarterly. (c) The Department of Human Services may promulgate rules to carry out this section. (d)(1) Each childcare facility shall maintain a file containing the list of recalled children's products maintained on the Attorney General's or the United States Consumer Product Safety Commission's website and any updates to the list and shall make the file accessible to the facility staff members and to parents of the children who attend the facility. (2) A childcare facility may request the Attorney General's office to assist it in obtaining the list by providing its name and mailing address to the United States Consumer Product Safety Commission for the purpose of receiving the list of recalled children's products and quarterly updates through a mailing sent directly from the United States Consumer Product Safety Commission or by providing the United States Consumer Product Safety Commission with the facility's electronic mail address so it may receive the list and updates by electronic mail notification. (e)(1) As part of the licensing, licensing renewal, or periodic update process conducted by the department, each childcare facility shall certify in writing on forms provided by the department, that it has reviewed the list of recalled children's products maintained by the office of the Attorney General or the United States Consumer Product Safety Commission and any updates to the list, and that after a thorough inspection, to the best of its knowledge, there are no unsafe children's toys, furniture, or equipment in the facility. (2) The office of the Attorney General shall prepare a certification form, and the department shall require each facility to complete the certification form in the process of licensing, licensing renewal, or periodic update. (3) The department shall retain the certification form completed by each facility in each respective facility's licensing file.

Ark. Code Ann. § 20-27-1606 Revocation of childcare facility licenses.

The Department of Human Services may revoke or refuse to renew the license of any childcare facility or refuse to issue a full license to the permit holder if the licensee or permit holder fails to comply with § 20-27-1605(d) and (e).

Ark. Code Ann. § 20-27-1701 Legislative findings and purpose.

(a) The General Assembly finds that: (1) The unexpected death of infants and children is an important public health concern; (2) The collection of data on the causes of unexpected deaths will enable the State of Arkansas to protect some infants and children from preventable deaths and help reduce the incidence of these deaths; and (3) Multidisciplinary and multiagency review of infant and child deaths can assist this state in investigating infant and child deaths, developing a greater understanding of the incidence and causes of these deaths and the methods for prevention, and identifying the gaps in services to children and families. (b) The purpose of this subchapter is to: (1) Identify the causes of death of children under eighteen (18) years of age; and (2) Reduce the incidence of injury and death to children by requiring a death review to be performed in all cases of unexpected deaths of children under eighteen (18) years of age.

Ark. Code Ann. § 20-27-1702 Definitions.

As used in this subchapter: (1) “Child” means a person under eighteen (18) years of age; and (2) “Unexpected death” means: (A) A death involving a child who has not been in the care of a licensed physician for treatment of an illness that is the cause of death; (B) A clinical diagnosis of death due to Sudden Infant Death Syndrome; or (C) A death due to an unknown cause.

Ark. Code Ann. § 20-27-1703 Arkansas Child Death Review Panel — Creation.

(a) The Arkansas Child Death Review Panel is created within the Arkansas Child Abuse/Rape/Domestic Violence Commission. (b) The Arkansas Child Death Review Panel shall consist of the following members: (1) A representative from the State Medical Examiner's office; (2) A coroner who is registered with the American Board of Medicolegal Death Investigators; (3) A representative from the Arkansas Center for Health Statistics of the Department of Health; (4) A representative from the Crimes Against Children Division of the Department of Arkansas State Police; (5) A representative from the Division of Children and Family Services of the Department of Human Services; (6) A representative from the Arkansas Child Abuse/Rape/Domestic Violence Commission; (7) A physician who specializes in child abuse; (8) A representative from the College of Public Health of the University of Arkansas for Medical Sciences; (9) A representative from the office of the Prosecutor Coordinator; and (10) Any other individuals the Arkansas Child Death Review Panel determines are necessary for a review.

Ark. Code Ann. § 20-27-1704 Duties.

The Arkansas Child Death Review Panel may: (1) Establish local and regional review panels and delegate some or all of its responsibilities under this subchapter; (2) Analyze data available from state agencies or other agencies that may decrease unexpected deaths of children; (3) Collect, review, and analyze all death investigation reports prepared under this subchapter and other appropriate information to prepare reports for the General Assembly concerning the causes of unexpected deaths of children and methods to decrease those deaths; (4) Identify trends relevant to unexpected deaths of children; (5) Educate the citizens of Arkansas regarding the incidence and causes of injury to and death of children and of the public's role to assist in reducing this risk; (6) Establish training criteria for county coroners; and (7) Determine the information to be included in a child death investigation report and provide this information to county coroners, medical providers, and other agencies to be used in preparing a death investigation report.

Ark. Code Ann. § 20-27-1705 Investigation.

(a)(1) A copy of a child death investigation report required under this subchapter, including information from law enforcement agencies, coroners, fire departments, or medical providers, or any other information relative to the death investigation shall be provided to the Arkansas Child Death Review Panel within thirty (30) days from the date the Arkansas Child Death Review Panel requests the information. (2) Subdivision (a)(1) of this section is not applicable to a death that is under criminal investigation or prosecution or has been adjudicated in a court of law. (b)(1) The Arkansas Child Death Review Panel or a local or regional review panel may access medical records and vital records in the custody of physicians, hospitals, clinics, other healthcare providers, and the Department of Health concerning the unexpected death of the child being investigated. (2) The Arkansas Child Death Review Panel may request any other information, documents, or records pertaining to the completed investigation of unexpected deaths of children. (c) Nothing in this subchapter shall alter or restrict the authority or jurisdiction of a county coroner. (d) When the Arkansas Child Death Review Panel determines that a parent or guardian was treating a child according to the tenets and practices of a recognized religious method of treatment that has a reasonable proven record of success, the Arkansas Child Death Review Panel is not required to make a finding of negligent treatment or maltreatment.

Ark. Code Ann. § 20-27-1706 Records — Confidentiality.

(a)(1) All records, reports, and other information obtained by the Arkansas Child Death Review Panel or local or regional review panel and the result of any child death investigation report shall be confidential. (2) The records, reports, and other information obtained by the Arkansas Child Death Review Panel or local or regional review panel shall not be: (A) Subject to a subpoena; (B) Disclosed or compelled to be produced in any civil, administrative, or other proceeding; or (C) Admissible as evidence in any civil, administrative, or other proceeding. (3) The records, reports, and other information obtained by the Arkansas Child Death Review Panel or local or regional review panel shall be available to law enforcement agencies and prosecuting attorneys. (b) Any person, agency, or entity furnishing confidential information shall not be liable for releasing the confidential information if the information was furnished in good faith under this subchapter. (c) The Arkansas Child Death Review Panel may publish statistical compilations reflecting unexpected deaths of children that do not identify individual cases, physicians, hospitals, clinics, or other healthcare providers. (d)(1) State, local, or regional review panel members shall be immune from civil and criminal liability in connection with their good-faith participation on the review panel and all activities related to the review panel. (2) No civil or criminal immunity exists if a state, local, or regional review panel member knowingly or willingly violates this subchapter. (e) Pursuant to the Health Insurance Portability and Accountability Act of 1996, disclosure of protected health information is allowed for public health, safety, and law enforcement purposes, and providing case information on unexpected deaths of children for review by the review panel is not a violation of the Health Insurance Portability and Accountability Act of 1996.

Ark. Code Ann. § 20-27-1707 Reporting.

(a)(1) The Arkansas Child Death Review Panel shall report on or before December 31 of each year to the Legislative Council the number and causes of unexpected deaths of children. (2) The Legislative Council shall forward the report to the Senate Committee on Children and Youth and the House Committee on Aging, Children and Youth, Legislative and Military Affairs. (b) The report shall include: (1) The Arkansas Child Death Review Panel's finding and recommendations for each of its duties under § 20-27-1704; (2) An analysis of factual information obtained from the review of the child death investigation reports under § 20-27-1705; and (3) Reports of the Arkansas Child Death Review Panel and any local or regional review panels that do not violate the confidentiality provisions under § 20-27-1706.

Ark. Code Ann. § 20-27-1801 Title.

This subchapter shall be known as the “Arkansas Clean Indoor Air Act of 2006”.

Ark. Code Ann. § 20-27-1802 Findings.

(a) Information available to the General Assembly based upon scientific research data has shown that nonsmokers often receive damage to their health from the smoking of tobacco by others. (b) Direct smoking of tobacco and indirect smoking of tobacco through inhaling the smoke of those who are smoking nearby are major causes of preventable diseases and death. (c) Secondhand smoke is a known cause of lung cancer, heart disease, chronic lung ailments such as bronchitis and asthma, particularly in children, and low birth-weight births. (d) Implementing laws that prohibit tobacco usage in certain public areas, buildings, and facilities is an effective approach to reducing secondhand smoke exposure among nonsmokers. (e) It is therefore declared to be the public policy of this state that the rights of Arkansans be protected in the manner provided in this subchapter.

Ark. Code Ann. § 20-27-1803 Definitions.

As used in this subchapter: (1) “Bar” means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, including, but not limited to: (A) Taverns; (B) Nightclubs; (C) Cocktail lounges; and (D) Cabarets; (2) “Business” means any corporation, sole proprietorship, partnership, limited partnership, professional corporation, enterprise, franchise, association, trust, joint venture, or other entity, whether for profit or nonprofit; (3) “Employee” means an individual who is employed by a business in consideration for direct or indirect monetary wages or profit; (4) “Employer” means an individual or a business that employs one (1) or more individuals; (5) “Enclosed area” means all space between a floor and ceiling that is enclosed on all sides by solid walls or windows, exclusive of doorways, that extend from the floor to the ceiling; (6)(A) “Healthcare facility” means an office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including weight control clinics, homes for the chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, dentists, and all specialists within these professions. (B) “Healthcare facility” includes the building or buildings in which a medical facility operates, together with all property owned or operated by a medical facility that is contiguous to the building or buildings in which medical services are provided. (C) “Healthcare facility” does not include: (i) Medical facilities under § 20-27-704 et seq.; (ii) Psychiatric hospitals as defined by the Department of Health's rules for hospitals and related institutions; or (iii) Long-term care facilities; (7) “Infiltrate” means to permeate an enclosed area by passing through its walls, ceilings, floors, windows, or ventilation systems to the extent that an individual can smell secondhand smoke; (8) “Local governing authority” means a county or municipal corporation of the state; (9) “Long-term care facility” means a nursing home, residential care facility, assisted living facility, an adult day-care facility, or any other facility which provides long-term medical or personal care; (10)(A) “Place of employment” means an enclosed area under the control of a public or private employer that employees utilize during the course of employment, including, but not limited to: (i) Work areas; (ii) Employee lounges; (iii) Restrooms; (iv) Conference rooms; (v) Meeting rooms; (vi) Classrooms; (vii) Employee cafeterias; and (viii) Hallways. (B) A private residence is not a place of employment unless it is used as a licensed childcare, adult day care, or healthcare facility; (11)(A) “Public place” means an enclosed area to which the public is invited or in which the public is permitted, including, but not limited to: (i) Banks; (ii) Bars; (iii) Educational facilities; (iv) Healthcare facilities; (v) Laundromats; (vi) Public transportation facilities; (vii) Reception areas; (viii) Restaurants; (ix) Retail food production and marketing establishments; (x) Retail service establishments; (xi) Retail stores; (xii) Shopping malls; (xiii) Sports arenas; (xiv) Theaters; and (xv) Waiting rooms. (B) A private residence is not a public place unless it is used as a licensed childcare, adult day care, or healthcare facility; (12)(A) “Restaurant” means: (i) An eating establishment that gives or offers for sale food to the public, guests, or employees; and (ii) A kitchen or a catering facility in which food is prepared on the premises for serving elsewhere. (B) “Restaurant” includes, but is not limited to: (i) Coffee shops; (ii) Cafeterias; (iii) Sandwich stands; and (iv) Private and public school cafeterias. (C) “Restaurant” does include a bar area within any restaurant; (13) “Retail tobacco store” means a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental; (14) “Secondhand smoke” means smoke: (A) Emitted from lighted, smoldering, or burning tobacco when the person smoking is not inhaling; (B) Emitted at the mouthpiece during puff drawing; and (C) Exhaled by the person smoking; (15) “Service line” means an indoor line in which one (1) or more persons are waiting for or receiving service of any kind, whether or not the service involves the exchange of money; (16) “Shopping mall” means an enclosed public walkway or hall area that serves to connect retail or professional establishments; (17) “Smoking” means inhaling, exhaling, burning, or carrying any: (A) Lighted tobacco product, including cigarettes, cigars, and pipe tobacco; and (B) Other lighted combustible plant material; and (18) “Sports arena” means a stadium, a sports pavilion, a gymnasium, a health spa, a boxing arena, a swimming pool, a roller rink, an ice rink, a bowling alley, and other similar place where members of the general public assemble to engage in physical exercise, participate in athletic competition, or witness sports or other events.

Ark. Code Ann. § 20-27-1804 Prohibitions on smoking.

(a) Effective July 21, 2006, smoking is prohibited in all vehicles and enclosed areas owned, leased, or operated by the state, its agencies and authorities, and any political subdivision of the state, municipal corporation, or local board or authority created by general, local, or special act of the General Assembly or by ordinance or resolution of the governing body of a county or municipal corporation individually or jointly with other political subdivisions or municipalities of the state. (b)(1) Smoking is prohibited in all public places and enclosed areas within places of employment, including, but not limited to: (A) Common work areas; (B) Auditoriums; (C) Classrooms; (D) Conference and meeting rooms; (E) Private offices; (F) Elevators; (G) Hallways; (H) Healthcare facilities; (I) Cafeterias; (J) Employee lounges; (K) Stairs; (L) Restrooms; and (M) All other enclosed areas. (2) An individual, a person, an entity, or a business subject to the smoking prohibitions of this section shall not discriminate or retaliate in any manner against a person for making a complaint of a violation of this section or furnishing information concerning a violation to a person, an entity, or a business or to an enforcement authority. (3) The prohibitions on smoking in this section and the provisions of subdivision (b)(2) of this section shall be communicated to all current employees by their employer within thirty (30) days of July 21, 2006, and to each prospective employee upon application for employment.

Ark. Code Ann. § 20-27-1805 Exemptions.

An owner or operator of any of the following areas may exempt itself from this subchapter: (1) Private residences except when used as a licensed childcare, adult daycare, or healthcare facility; (2)(A) Hotel and motel rooms that are rented to guests and are designated as smoking rooms. (B) However, if a hotel or motel has more than twenty-five (25) guest rooms, not more than twenty percent (20%) of rooms rented to guests in the hotel or motel may be designated as exempt from this subchapter; (3)(A) All workplaces of any employer with fewer than three (3) employees. (B) This exemption does not apply to any public place; (4) A retail tobacco store, if secondhand smoke from the store does not infiltrate into areas in which smoking is prohibited under this subchapter; (5)(A) An area within a long-term care facility that is designated by the long-term care facility as a smoking area for supervised patient and supervisory staff smoking; or (B) An area outside of the long-term care facility that is designated for visitors and staff that is beyond twenty-five feet (25') of any primary entryway or opening of a long-term care facility; (6) Outdoor areas of places of employment; (7) All workplaces of any manufacturer, importer, or wholesaler of tobacco products, of any tobacco leaf dealer or processor, and all tobacco storage facilities; (8)(A) All restaurants and bars licensed by the State of Arkansas that prohibit at all times all persons less than twenty-one (21) years of age from entering the premises if secondhand smoke does not infiltrate into areas in which smoking is prohibited under this subchapter. (B) All restaurants and bars that are exempt under this subdivision (8) shall prominently display a health warning sign as defined by the State Board of Health; and (9) Designated smoking areas on the gaming floor of any casino licensee of the Arkansas Racing Commission.

Ark. Code Ann. § 20-27-1806 Notice of prohibition of smoking.

(a) “No Smoking” signs or the international “No Smoking” symbol consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it may be clearly and conspicuously posted by the owner, operator, manager, or other person in control in every public place and place of employment in which smoking is prohibited by this subchapter. (b) The owner, operator, manager, or other person in control of any area in which smoking is prohibited by this subchapter shall remove all ashtrays from the area unless an ashtray is permanently affixed to an existing structure before July 21, 2006. (c) The Department of Health may treat a violation of this section as a deficiency to be assessed against any licensee or facility over which it has statutory jurisdiction.

Ark. Code Ann. § 20-27-1807 Rules — Promulgation and enforcement authority.

(a) The State Board of Health may adopt reasonable rules that it determines are necessary or useful to carry out the purposes or facilitate enforcement of this subchapter. (b)(1) The Department of Health and its authorized agents may enforce compliance with this subchapter and any rules adopted and promulgated under this subchapter by the board. (2) Under rules of the board, the department and its authorized agents may enter upon and inspect the premises of any public place or enclosed area within a place of employment at any reasonable time and in a reasonable manner.

Ark. Code Ann. § 20-27-1808 Subchapter deemed cumulative.

(a) This subchapter is cumulative to and does not prohibit the enactment of any other general or local laws, rules, or regulations of state or local governing authorities or local ordinances prohibiting smoking that are more restrictive than or are in direct conflict with this subchapter. (b) This subchapter may not be construed to permit smoking where it is otherwise restricted by other applicable laws or employer policies.

Ark. Code Ann. § 20-27-1809 Penalties.

Any person who violates any provision of this subchapter is guilty of a violation and upon conviction shall be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500).

Ark. Code Ann. § 20-27-1901 Title.

This subchapter shall be known and may be cited as the “Arkansas Protection from Secondhand Smoke for Children Act of 2006”.

Ark. Code Ann. § 20-27-1902 Definition.

As used in this subchapter, “motor vehicle” means any motor vehicle, except a school bus, a church bus, or other public conveyance, that is required by federal or state law, rule, or regulation to be equipped with a passenger restraint system.

Ark. Code Ann. § 20-27-1903 Tobacco use — Prohibitions.

(a) A person shall not knowingly smoke tobacco in a motor vehicle in which a child who is less than fourteen (14) years of age is a passenger. (b)(1) A person who violates this section upon conviction is guilty of a violation and shall be punished by a fine of not more than twenty-five dollars ($25.00). (2) If a person is convicted, pleads guilty, pleads nolo contendere, or forfeits bond for violation of this section, court costs under § 16-10-305 or other costs or fees shall not be assessed. (3) A person who proves to the court that he or she has entered into a smoking cessation program may have his or her fine eliminated for a first offense violation of this section.

Ark. Code Ann. § 20-27-2001 Breastfeeding in public.

A woman may breastfeed a child in a public place or any place where other individuals are present.

Ark. Code Ann. § 20-27-2101 Title.

This subchapter shall be known and may be cited as the “Arkansas Cigarette Fire Safety Standard Act”.

Ark. Code Ann. § 20-27-2102 Purpose.

The purpose of this subchapter is to make the laws of this state with regard to cigarette fire safety uniform with the laws of those states that have enacted reduced cigarette ignition propensity laws as of January 1, 2010.

Ark. Code Ann. § 20-27-2103 Definitions.

As used in this subchapter: (1) “Cigarette” means: (A) A roll of tobacco wrapped in paper or in a substance not containing tobacco; or (B) A roll of tobacco wrapped in a substance containing tobacco that because of its appearance, the type of tobacco used in the filler, or its packaging and labeling is likely to be offered to or purchased by consumers as a cigarette as defined in subdivision (1)(A) of this section; (2) “Manufacturer” means: (A) An entity that manufactures or otherwise produces cigarettes or causes cigarettes to be manufactured or produced anywhere that the manufacturer intends to be sold in this state, including cigarettes intended to be sold in the United States through an importer; or (B) An entity that is a successor of an entity defined in subdivision (2)(A) of this section; (3)(A) “Quality control and quality assurance program” means the laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors, and equipment-related problems do not affect the results of the testing. (B) A “quality control and quality assurance program” ensures that the testing repeatability remains within the required repeatability values stated in § 20-27-2104(b)(6) for all test trials used to certify cigarettes under this subchapter; (4) “Repeatability” means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall ninety-five percent (95%) of the time; (5) “Retailer” means a person who purchases tobacco products from a licensed wholesaler for the purpose of selling them over the counter at retail to consumers; (6)(A) “Sale” means a transfer of title or possession, or both, exchange or barter, conditional or otherwise, in any manner or by any means or any agreement for sale. (B) “Sale” includes the giving of cigarettes as samples, prizes, or gifts, and the exchanging of cigarettes for any consideration other than money; (7) “Sell” means to sell or to offer to do the same; and (8) “Wholesaler” means a person who is not a manufacturer or owned or operated by a manufacturer that does business in this state at or from an established place of business that purchases unstamped or untaxed cigarettes or other tobacco products directly from manufacturers that distribute tobacco products in Arkansas and that sells to properly licensed cigarette vendors or retailers.

Ark. Code Ann. § 20-27-2104 Test method and performance standard — Definition.

(a) Except as provided in subsection (h) of this section, cigarettes shall not be offered for sale in this state or offered for sale or sold to persons located in this state unless: (1) The cigarettes have been tested in accordance with the test method and meet the performance standard specified in this section; (2) A written certification has been filed by the manufacturer with the Director of Arkansas Tobacco Control under § 20-27-2105; and (3) The cigarettes have been marked in accordance with § 20-27-2106. (b)(1) Testing of cigarettes shall be conducted in accordance with the ASTM International standard E2187-04: Standard Test Method for Measuring the Ignition Strength of Cigarettes. (2) Testing shall be conducted on ten (10) layers of filter paper. (3)(A) No more than twenty-five percent (25%) of the cigarettes tested in a test trial under this section shall exhibit full-length burns. (B) Forty (40) replicate tests shall compose a complete test trial for each cigarette tested. (4) The performance standard required by this section shall be applied only to a complete test trial. (5) Written certifications shall be based on testing conducted by a laboratory that has been accredited under standard ISO/IEC 17025 of the International Organization for Standardization or other comparable accreditation standard required by the director. (6)(A) Laboratories conducting testing under this section shall implement a quality control and quality assurance program that includes a procedure that will determine the repeatability of the testing results. (B) The repeatability value shall be no greater than nineteen hundredths (0.19). (7) This section does not require additional testing if cigarettes are tested consistent with this subchapter for any other purposes. (8) Testing performed or sponsored by the director to determine a cigarette's compliance with the performance standard required by this section shall be conducted in accordance with this section. (c)(1) Each cigarette listed in a certification submitted under § 20-27-2105 that uses lowered permeability bands in the cigarette paper to achieve compliance with the performance standard under this section shall have at least two (2) nominally identical bands on the paper surrounding the tobacco column. (2) At least one (1) complete band shall be located at least fifteen millimeters (15 mm) from the lighting end of the cigarette. (3) For cigarettes on which the bands are positioned by design there shall be at least two (2) bands fully located at least fifteen millimeters (15 mm) from the lighting end and ten millimeters (10 mm) from the filter end of the tobacco column or ten millimeters (10 mm) from the labeled end of the tobacco column for nonfiltered cigarettes. (d)(1) A manufacturer of a cigarette that the director determines cannot be tested by the test method under subdivision (b)(1) of this section shall propose a test method and performance standard for the cigarette to the director. (2) Upon approval of the proposed test method and determination by the director that the performance standard proposed by the manufacturer is equivalent to the performance standard under subdivision (b)(3) of this section, the manufacturer may employ the test method and performance standard to certify the cigarette under § 20-27-2105. (3) Unless the director demonstrates a reasonable basis why a proposed alternative test should not be accepted under this subchapter, the director shall authorize a manufacturer to employ an alternative test method and performance standard to certify a cigarette for sale in this state if the director: (A) Determines that another state has enacted reduced cigarette ignition propensity standards that include a test method and performance standard that are the same as those contained in this subchapter; and (B) Finds that the officials responsible for implementing those requirements have approved the proposed alternative test method and performance standard for a particular cigarette proposed by a manufacturer as meeting the fire safety standards of that state's law or rules under a legal provision comparable to this section. (4) All other applicable requirements of this section shall apply to the manufacturer. (e)(1) Each manufacturer shall maintain copies of the reports of all tests conducted on all cigarettes offered for sale for a period of three (3) years and shall make copies of these reports available to the director and the Attorney General upon written request. (2) A manufacturer who fails to make copies of these reports available within sixty (60) days of receiving a written request shall be subject to a civil penalty not to exceed ten thousand dollars ($10,000) for each day after the sixtieth day that the manufacturer does not make the copies available. (f) The director may adopt a subsequent ASTM International Standard Test Method for Measuring the Ignition Strength of Cigarettes upon a finding that the subsequent method does not result in a change in the percentage of full-length burns exhibited by a tested cigarette when compared to the percentage of full-length burns the same cigarette would exhibit when tested in accordance with ASTM International standard E2187-04 and the performance standard in subdivision (b)(3) of this section. (g)(1) The director shall review the effectiveness of this section and report every three (3) years his or her findings and recommendations to the Speaker of the House of Representatives and the President Pro Tempore of the Senate for legislation to improve the effectiveness of this subchapter. (2) The report and legislative recommendations shall be submitted no later than June 30 following the conclusion of each three-year period. (h) The requirement of subsections (a) and (b) of this section shall not prohibit: (1) A wholesaler or retailer from selling their existing inventory of cigarettes on or after January 1, 2010, if the wholesaler or retailer can establish that the inventory was in its possession before January 1, 2010, and the wholesaler or retailer can establish that the inventory was purchased before January 1, 2010, in comparable quantity to the inventory purchased during the same period of the prior year; or (2)(A) The sale of cigarettes solely for the purpose of consumer testing. (B) For purposes of this subsection, the term “consumer testing” means an assessment of cigarettes that is conducted by a manufacturer or under the control and direction of a manufacturer for the purpose of evaluating consumer acceptance of the cigarettes, utilizing only the quantity of cigarettes that is reasonably necessary for assessment.

Ark. Code Ann. § 20-27-2105 Certification and product change.

(a) A manufacturer shall submit to the Director of Arkansas Tobacco Control a written certification attesting that each cigarette listed in the certification: (1) Has been tested within the last thirty-six (36) months in accordance with § 20-27-2104; and (2) Meets the performance standard under § 20-27-2104. (b) A cigarette listed in the certification shall be described with the following information: (1) Brand or trade name on the package; (2) Style, such as light or ultra light; (3) Length in millimeters; (4) Circumference in millimeters; (5) Flavor, such as menthol or chocolate, if applicable; (6) Filter or nonfilter; (7) Package description, such as soft pack or box; (8) Marking under § 20-27-2106; (9) The name, address, and telephone number of the laboratory if different than the manufacturer that conducted the test; and (10) The date that the testing occurred. (c) The director shall make the certifications available to the Attorney General and the Secretary of the Department of Finance and Administration for purposes consistent with this subchapter. (d) A cigarette certified under this section shall be recertified every three (3) years. (e)(1)(A) For each brand family of cigarettes listed for certification, a manufacturer shall pay a fee of one thousand dollars ($1,000) to the director. (B) The fee shall be applied to all cigarettes within the certified brand family and shall include any new cigarette certified within the brand family during the three-year certification period. (2) The director may adjust annually this fee to ensure it defrays the actual costs of processing, enforcement, and oversight activities required by this subchapter. (f)(1) If a manufacturer has certified a cigarette under this section and subsequently makes a change to the cigarette that is likely to alter its compliance with the reduced cigarette ignition propensity standards required by this subchapter, the cigarette shall not be sold or offered for sale in this state until the manufacturer retests the cigarette in accordance with the testing standards under § 20-27-2104. (2) An altered cigarette that does not meet the performance standard in § 20-27-2104 shall not be sold in this state.

Ark. Code Ann. § 20-27-2106 Marking of cigarette packaging.

(a)(1) Cigarettes that are certified by a manufacturer under § 20-27-2105 shall be marked to indicate compliance with the requirements of § 20-27-2104. (2) The marking shall be in 8-point type or larger and consist of the letters “FSC”, which signifies Fire Standard Compliant, permanently printed, stamped, engraved, or embossed on the package at or near the UPC code. (b) A manufacturer shall use only one (1) marking and shall apply the marking uniformly for all packages, including without limitation to packs, cartons, and cases, and brands marketed by the manufacturer. (c)(1) Manufacturers certifying cigarettes under § 20-27-2105 shall provide a copy of the certifications to all wholesalers to which they sell cigarettes. (2) Wholesalers and retailers shall permit the Director of Arkansas Tobacco Control, the Director of the Department of Finance and Administration, the Attorney General, and their employees to inspect markings of cigarette packaging marked in accordance with this section.

Ark. Code Ann. § 20-27-2107 Penalties.

(a)(1) A manufacturer, wholesaler, or any other person or entity that knowingly sells or offers to sell cigarettes, other than through retail sale, in violation of § 20-27-2104 is subject to a civil penalty in an amount not to exceed one hundred dollars ($100) for each pack of such cigarettes sold or offered for sale. (2) The penalty against a person or entity shall not exceed one hundred thousand dollars ($100,000) during any thirty-day period. (b)(1) A retailer that knowingly sells or offers to sell cigarettes in violation of § 20-27-2104 is subject to a civil penalty in an amount not to exceed one hundred dollars ($100) for each pack of such cigarettes sold or offered for sale. (2) The penalty against a retailer shall not exceed twenty-five thousand dollars ($25,000) for sales or offers to sell during any thirty-day period. (c) In addition to any penalty prescribed by law, a corporation, partnership, sole proprietor, limited partnership, or association engaged in the manufacture of cigarettes that knowingly makes a false certification under § 20-27-2105 is subject to a civil penalty of at least seventy-five thousand dollars ($75,000) and not to exceed two hundred fifty thousand dollars ($250,000) for each false certification. (d) A person who violates any other provision of this subchapter is subject to a civil penalty for a first offense in an amount not to exceed one thousand dollars ($1,000) and for a subsequent offense in an amount not to exceed five thousand dollars ($5,000) for each violation. (e) It is a defense in an action for civil penalties that a wholesaler, retailer, or a person in the stream of commerce relied in good faith on a manufacturer's certificate or marking that the cigarettes comply with this subchapter. (f)(1) An authorized representative of the Secretary of the Department of Finance and Administration or the Director of Arkansas Tobacco Control may seize and take possession of cigarettes: (A) For which no certification has been filed as required by § 20-27-2105; or (B) That have not been marked as required by § 20-27-2106. (2)(A) Cigarettes seized under this section shall be destroyed. (B) Before the destruction of cigarettes seized under this section, the true holder of the trademark rights in the cigarette brand shall be permitted to inspect the cigarettes. (g)(1) In addition to any other remedy provided by law, the Attorney General may file an action in circuit court for a violation of this subchapter, including petitioning: (A) For preliminary or permanent injunctive relief against a manufacturer, importer, wholesaler, retailer, or any other person or entity to enjoin the person or entity from selling, offering to sell, or affixing tax stamps to cigarettes that do not comply with the requirements of this subchapter; or (B) To recover costs or damages suffered by the state because of a violation of this subchapter, including enforcement costs relating to the specific violation and attorney's fees. (2) Each violation of this subchapter or of the rules adopted under this subchapter constitutes a separate civil violation for which the director or the Attorney General may obtain relief. (3) Upon obtaining judgment for injunctive relief under this section, the director or the Attorney General shall provide a copy of the judgment to all wholesalers to which the cigarettes have been sold.

Ark. Code Ann. § 20-27-2108 Implementation.

(a) The Director of Arkansas Tobacco Control may promulgate rules under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., necessary to effectuate the purposes of this subchapter. (b)(1) The Secretary of the Department of Finance and Administration, the director, and their employees, in the regular course of conducting inspections of wholesalers and retailers, as authorized under the Arkansas Tobacco Products Tax Act of 1977, § 26-57-201 et seq., may inspect cigarettes to determine if the cigarettes are marked as required by § 20-27-2106. (2) If the secretary discovers cigarettes that are not marked as required, the secretary shall notify the director.

Ark. Code Ann. § 20-27-2109 Inspection.

(a) To enforce the provisions of this subchapter, the Attorney General, the Secretary of the Department of Finance and Administration, the Director of Arkansas Tobacco Control, and their authorized representatives may examine the books, papers, invoices, and other records of a person in possession, control, or occupancy of premises where cigarettes are placed, stored, sold, or offered for sale, as well as the stock of cigarettes on the premises. (b) Every person in possession, control, or occupancy of premises where cigarettes are placed, stored, sold, or offered for sale shall give the Attorney General, the secretary, the director, and their authorized representatives the means, facilities, and opportunity for the examinations authorized by this section.

Ark. Code Ann. § 20-27-2110 Sale outside of Arkansas.

This subchapter does not prohibit a person or entity from manufacturing or selling cigarettes that do not meet the requirements of § 20-27-2104 if: (1) The cigarettes: (A) Are or will be stamped for sale in another state; or (B) Are packaged for sale outside the United States; and (2) The person or entity has taken reasonable steps to ensure that the cigarettes will not be sold or offered for sale in this state.

Ark. Code Ann. § 20-27-2111 Preemption.

This subchapter shall be repealed if a federal reduced cigarette ignition propensity standard is adopted and becomes effective.

Ark. Code Ann. § 20-27-2112 Local regulation.

This subchapter preempts any local law, ordinance, or regulation that conflicts with any provision of this subchapter or any policy of the state implemented in accordance with this subchapter and, notwithstanding any other provision of law, a governmental unit of this state may not enact or enforce an ordinance, local law, or regulation that conflicts with or is preempted by this subchapter.

Ark. Code Ann. § 20-27-2201 Definitions.

As used in this subchapter: (1) “Consumer” means an individual who is provided access to a tanning facility; (2)(A) “Operator” means an individual designated by the tanning facility owner or tanning equipment lessee to operate or to assist and instruct the consumer in the operation and use of the tanning facility or tanning equipment. (B) However, an operator in an apartment or a condominium need not exercise direct supervision or be physically on the premises at all times; (3) “Person” means an individual, corporation, partnership, limited liability company, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state, any other state, or political subdivision or agency of this state, and any legal successor, representative, agent, or agency of these entities; (4) “Tanning equipment” means ultraviolet or other lamps and equipment containing these lamps intended to induce skin tanning through the irradiation of any part of the living human body with ultraviolet radiation; (5)(A) “Tanning facility” means a location, place, area, structure, or business or a part of a location, place, area, structure, or business which provides consumers access to tanning equipment. (B) “Tanning facility” includes without limitation regardless of whether a fee is charged for access to the tanning equipment: (i) Apartments; (ii) Condominiums; (iii) Health clubs; and (iv) Tanning salons; and (6) “Ultraviolet radiation” means electromagnetic radiation with wavelengths in air between two hundred nanometers (200 nm) and four hundred nanometers (400 nm).

Ark. Code Ann. § 20-27-2202 Consent required.

Before allowing an initial exposure at a tanning facility of a person under eighteen (18) years of age, the owner or operator shall witness the person's parent or legal guardian signing and dating a warning statement as follows: “WARNING STATEMENT This statement must be read and signed by a parent or legal guardian of any person under eighteen (18) years of age before allowing the initial exposure at this tanning facility. DANGER — ULTRAVIOLET RADIATION WARNING Follow instructions. Avoid overexposure. As with natural sunlight, overexposure can cause eye and skin injury and allergic reactions. Repeated exposure may cause premature aging of the skin and skin cancer. Wear protective eyewear. FAILURE TO USE PROTECTIVE EYEWEAR MAY RESULT IN SEVERE BURNS OR LONG-TERM INJURY TO THE EYES. Medications or cosmetics may increase your sensitivity to the ultraviolet radiation. Consult a physician before using sunlamp or tanning equipment if you are using medications or have a history of skin problems or believe yourself to be especially sensitive to sunlight. I have read the above warning and understand what it means before undertaking any tanning equipment exposure. Signature of Operator of Tanning Facility or Equipment Signature of parent or legal guardian Print name of minor and parent or legal guardian Date OR The consumer is illiterate or visually impaired, or both, and I have read the warning statement aloud and in full to the consumer in the presence of the below signed witness. Signature of Operator of Tanning Facility or Equipment Witness Date”

Ark. Code Ann. § 20-27-2301 Definition.

(a) As used in this section, “imitation firearm” means a toy that is identical in appearance to an original firearm that was manufactured, designed, and produced after 1898, including only: (1) Air-soft guns firing nonmetallic projectiles; (2) Replica nonguns; and (3) Water guns. (b) “Imitation firearm” does not include: (1) A nonfiring, collector replica of an antique firearm developed before 1898; (2) Traditional BB, paintball, or pellet-firing air guns that expel a projectile through the force of air pressure; or (3) A device: (A) For which an orange solid plug or marking is permanently affixed to the muzzle end of the barrel for a depth of not more than six millimeters (6 mm); (B) For which the entire exterior surface is predominately colored other than black, brown, blue, silver, or metallic; or (C) That is constructed of transparent or translucent materials that permit unmistakable observation of the complete contents of the device.

Ark. Code Ann. § 20-27-2302 Sale of imitation firearms prohibited — Penalty.

(a) Except as provided under subsection (b) of this section, it is unlawful to sell or offer for sale within this state, by mail or in any other manner, an imitation firearm. (b) A person may sell or offer for sale an imitation firearm if the device is sold solely for purposes of: (1) Export in interstate or foreign commerce; (2) Lawful use in a theatrical production; (3) Use in a certified or regulated sporting event or competition; (4) Use in a military or civil defense activity or ceremonial activity; or (5) A public display authorized by a public or private school. (c) A person who violates subsection (a) of this section is subject in an action brought by the city attorney or prosecuting attorney to a civil penalty of not more than one thousand dollars ($1,000) for each violation.

Ark. Code Ann. § 20-27-2401 Findings.

The General Assembly finds that: (1) Herbal snuff is a tobaccoless snuff, available as loose composition or in pouches, that is primarily marketed as an adult alternative for moist smokeless tobacco; (2) Herbal snuff is marketed in flavors that are similar to those of the leading moist smokeless tobacco brands; (3) Herbal snuff is not a tobacco product and therefore is not subject to tobacco taxes, advertising restrictions, or merchandising restrictions; (4) Even though herbal snuff is regulated by the United States Food and Drug Administration as a food product and manufacturers are required to follow United States Food and Drug Administration guidelines, herbal snuff is intended to be an adult-oriented product; (5) Even though some companies have a strict and long-standing policy of not marketing to minors, children can legally purchase herbal snuff; (6) Children should not be emulating adult smokeless tobacco consumers and should not enter into the habit of dipping snuff; (7) Herbal snuff is used in adult tobacco cessation programs; and (8) Herbal snuff should be marketed only to adults to avoid any possibility of herbal snuff's being regarded as a gateway product for children.

Ark. Code Ann. § 20-27-2402 Definitions.

As used in this subchapter: (1) “Herbal chewing snuff” means a tobacco-free and nicotine-free version of chewing snuff, a product used orally by chewing the contents until juice is released and absorbed into the body; (2) “Herbal dipping snuff” means a tobacco-free and nicotine-free version of moist snuff, a product used orally by placing either a loose or pouched form along the gum line behind the lip; (3)(A) “Herbal snuff” means a tobaccoless chewing and snuff composition that mimics smokeless tobacco. (B) “Herbal snuff” includes: (i) Herbal chewing snuff; (ii) Herbal dipping snuff; and (iii) Herbal snus; and (4) “Herbal snus” means a tobacco-free and nicotine-free substitute of snus, a spitless product of either loose or pouched form that is usually placed along the gum line beneath the upper lip.

Ark. Code Ann. § 20-27-2403 Prohibition on sales of herbal snuff — Penalties.

(a) It is unlawful to sell or offer for sale herbal snuff in this state to persons under eighteen (18) years of age. (b)(1) A person who pleads guilty or nolo contendere to or is found guilty of violating this section is guilty of a violation and is subject to a fine not to exceed one hundred dollars ($100) per violation. (2) Each violation and conviction shall be deemed a separate offense.

Ark. Code Ann. § 20-27-2404 Rules — Enforcement.

(a) The Arkansas Tobacco Control Board may adopt rules to implement this subchapter. (b)(1) The board, Arkansas Tobacco Control, and their authorized agents may enforce compliance with this subchapter and any rules adopted under this section by the board. (2) Arkansas Tobacco Control and its authorized agents may enter and inspect the premises of a public place at a reasonable time and in a reasonable manner.

Ark. Code Ann. § 20-27-2501 Title.

This subchapter shall be known and may be cited as the “Arkansas Lead-Based Paint Hazard Act of 2011”.

Ark. Code Ann. § 20-27-2502 Legislative intent.

In the interest of public health and safety and the environment and to qualify the Department of Health to adopt, administer, and enforce a program for licensing lead-based paint activities, training programs, procedures, and requirements for the licensing and certification of individuals and firms engaged in lead-based paint activities and work practice standards for performing such activities, the General Assembly finds that it is necessary to enact this subchapter.

Ark. Code Ann. § 20-27-2503 Definitions.

As used in this subchapter: (1)(A) “Abatement” means any measures or set of measures that results in the permanent elimination of lead-based paint hazards. (B) “Abatement” includes without limitation: (i) The removal of lead-based paint and lead-contaminated dust; (ii) The permanent enclosure or encapsulation of lead-based paint; (iii) The replacement of lead-painted surfaces or fixtures; (iv) The removal or covering of soil contaminated with lead from lead-based paint activities or lead-contaminated paint that has deteriorated; and (v) All preparation, cleanup, disposal, and post-abatement clearance testing activities associated with activities listed in subdivisions (1)(B)(i)-(iv) of this section. (C) Specifically, “abatement” includes without limitation: (i) Projects for which there is a written contract or other documentation that provides that an individual or firm will be conducting activities in or to a residential dwelling or child-occupied facility that: (a) Result in the permanent elimination of lead-based paint hazards; or (b) Are designed to permanently eliminate lead-based paint hazards and are described in subdivision (1)(B) of this section; (ii) Projects resulting in the permanent elimination of lead-based paint hazards conducted by licensed consultants or contractors or individuals certified under this subchapter, unless the projects are covered by subdivision (1)(D) of this section; (iii) Projects resulting in the permanent elimination of lead-based paint hazards conducted by licensed consultants or contractors or individuals who, through their company name or promotional literature, represent, advertise, or hold themselves out to be in the business of performing lead-based paint activities as identified and defined by this section, unless the projects are covered by subdivision (1)(D) of this section; or (iv) Projects resulting in the permanent elimination of lead-based paint hazards that are conducted in response to state or local abatement orders. (D)(i) “Abatement” does not include renovations, remodeling, landscaping, or other activities when the activities are not designed to permanently eliminate lead-based paint hazards but instead are designed to repair, restore, or remodel a given structure or dwelling, even though these activities may incidentally result in a reduction or elimination of lead-based paint hazards. (ii) “Abatement” also does not include interim controls, operations, and maintenance activities or other measures and activities designed to temporarily but not permanently reduce lead-based paint hazards; (2) “Certificate” means a document issued by the Department of Health to an individual who satisfactorily completes training and examination under this subchapter and meets any other applicable requirements established by the department; (3)(A) “Child-occupied facility” means a building or operation of a building constructed before 1978, visited regularly by the same child six (6) years of age or under on at least two (2) different days within any week, Sunday through Saturday period, if each day's visit lasts at least three (3) hours and the combined weekly visit lasts at least six (6) hours. (B) Child-occupied facilities may include without limitation daycare centers, preschools, and kindergarten classrooms; (4) “Consultant” means a person or other legal entity, however organized, that acts as an agent for the owner and performs lead-based paint activities and meets all other requirements established by the department; (5) “Contractor” means a company, partnership, corporation, sole proprietorship, association, or other business entity that performs lead-based paint activities as an agent for the owner and meets all other requirements of the department; (6) “Inspector” means an individual who has been trained by an accredited training program as certified by this subchapter or the United States Environmental Protection Agency to conduct inspections and meets all other requirements established by the department. A certified inspector also samples for the presence of lead in dust and soil for the purposes of abatement clearance testing; (7) “Lead-based paint” means paint or other surface coatings that contain lead equal to or in excess of one milligram per square centimeter (1.0 mg/cm2) or more than five-tenths percent (0.5%) by weight; (8) “Lead-based paint activities” means inspection, risk assessment, and abatement of target housing and child-occupied facilities as defined in this subchapter; (9) “Lead-based paint hazard” means a condition that causes exposure to dust or soil contaminated by lead-based paint activities or lead-contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects as established by the Toxic Substances Control Act of 1976, section 403, 15 U.S.C. § 2601 et seq.; (10) “License” means a document issued by the department to a firm or training provider that meets all applicable requirements as established by the department; (11) “Project designer” means an individual who plans and designs or who has been trained by an accredited training program as certified by this subchapter or the United States Environmental Protection Agency to plan and design abatement projects; (12)(A) “Risk assessor” means an individual who has been trained by an accredited training program as certified by this subchapter or the United States Environmental Protection Agency to conduct risk assessments and meets all other requirements established by the department. (B) A risk assessor also samples for the presence of lead in dust and soil for the purposes of abatement clearance testing; (13) “Supervisor” means an individual who has been trained by an accredited training program as certified by this subchapter or the United States Environmental Protection Agency to supervise and conduct abatements and to prepare occupant protection plans and abatement reports and meets all other requirements established by the department; (14) “Target housing” means any housing constructed before 1978, except housing for the elderly or persons with disabilities, unless any one (1) or more children six (6) years of age or under resides or is expected to reside in such housing for the elderly or persons with disabilities, or any zero-bedroom dwelling; (15) “Training provider” means any person or other legal entity, however organized, that conducts courses for the purposes of certifying individuals for purposes of this subchapter and meets all other requirements established by the department; and (16) “Worker” means an individual who has been trained by an accredited training program as certified by this subchapter or the United States Environmental Protection Agency to perform abatements and meets all other requirements established by the department.

Ark. Code Ann. § 20-27-2504 Criminal, civil, and administrative penalties.

(a)(1) A firm, person, or corporation that violates this subchapter or an order or rule adopted under this subchapter commits a misdemeanor punishable by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) or by imprisonment not exceeding one (1) month, or both. (2) Each day of violation under subdivision (a)(1) of this section is a separate offense. (b)(1)(A)(i) A firm, person, or corporation that violates a rule adopted by the State Board of Health or who violates a condition of a license, permit, certificate, or another type of registration issued by the board may be assessed a civil penalty by the board. (ii) A penalty assessed under subdivision (b)(1)(A)(i) of this section shall not exceed five thousand dollars ($5,000) for each violation. (iii) Each day of a continuing violation may be deemed a separate violation for purposes of penalty assessments under this subdivision (b)(1)(A). (B) However, a civil penalty shall not be assessed until the person charged with the violation has been given an opportunity for a hearing on the violation. (2) A civil penalty collected under this section shall be deposited into the State Treasury and credited to the Public Health Fund to be used to defray the costs of administering this subchapter. (3) Subject to rules implemented by the Chief Fiscal Officer of the State, the disbursing officer for the Department of Health may require unexpended funds from civil penalties collected under this section, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for the following fiscal year.

Ark. Code Ann. § 20-27-2505 Powers and duties.

The Department of Health shall administer and enforce this subchapter with the powers and duties to: (1) Require and regulate training and examinations for individuals engaged in performing lead-based paint activities under this subchapter; (2) Establish standards and procedures for the licensing and certification of firms and individuals engaged in lead-based paint activities and training providers engaged in training individuals for certification under this subchapter; (3) Enforce rules necessary or appropriate to the implementation of this subchapter, including without limitation taking legal action in a court of competent jurisdiction; (4) Issue licenses and certifications to all applicants that satisfy the requirements of this subchapter and any rule adopted under this subchapter; (5) Renew the licenses and certifications under this subchapter; and (6) Suspend or revoke the licenses and certifications under this subchapter for cause and after notice and opportunity for a hearing.

Ark. Code Ann. § 20-27-2506 State Board of Health — Rules.

The State Board of Health shall adopt rules necessary to: (1) Establish annual license and certification fees for firms, training providers, and individuals; (2) Recover the costs of processing license applications and the issuance of licenses and certifications; and (3) Establish other fees necessary to recover the costs of enforcing this subchapter.

Ark. Code Ann. § 20-27-2507 Collection of fees.

The Department of Health shall collect fees, rates, tolls, or charges for the services delivered by the department in a manner the department deems necessary to support the activities under this subchapter.

Ark. Code Ann. § 20-27-2508 License required — Exceptions.

(a) A consultant, contractor, or training provider shall obtain a license from the Department of Health to conduct lead-based paint activities before actively engaging in any lead-based paint hazard activities in this state. (b)(1) An application for a license shall be made in the manner and form required by the department. (2) An application for a license or renewal of a license shall be accompanied by proof of liability insurance coverage, except for training providers, in the form and amount required by the department, and proof of such training and examination as required by the department. (c)(1) The department shall license and certify all applicants for licenses and certifications under this subchapter that satisfy the requirements of this subchapter. (2) A license or certification under this subchapter shall be valid for a period of one (1) year. (3) A license or certification under this subchapter shall be renewable upon application and upon satisfying the renewal requirements of the department. (d) Except for training providers, the state and political subdivisions of the state are exempt from the license requirements of this subchapter.

Ark. Code Ann. § 20-27-2509 Unlawful acts.

It is unlawful for a person to: (1) Conduct lead-based paint activities without having first obtained a license or certification, or both, from the Department of Health when acting as a contractor, consultant, training provider, inspector, project designer, risk assessor, supervisor, or worker; (2) Violate this subchapter or any rule or order adopted or issued under this subchapter; (3) Knowingly make any false statement, representation, or certification in any application, record, report, or other document filed or required to be maintained under this subchapter or rules adopted under this subchapter, or to falsify, tamper with, or knowingly render inaccurate any monitoring device or method required to be maintained under this subchapter or any rules adopted under this subchapter; or (4) Participate in any lead-based paint-hazard activity contrary to the rules or orders issued under this subchapter and the rules adopted under this subchapter, whether or not the person is required to have a license under this subchapter.

Ark. Code Ann. § 20-27-2601 Advertisements for gambling activities to include information concerning compulsive gambling disorders — Definitions.

(a) As used in this section: (1) “Gambling activity” means: (A) Casino gambling; (B) Horse racing; (C) Greyhound racing; (D) Electronic games of skill under § 23-113-103; (E) Lotteries conducted under the Arkansas Scholarship Lottery Act, § 23-115-101 et seq.; and (F) Lotteries of other states advertising in the state; and (2) “Gambling operator” means the operator of a gambling activity. (b) Except as provided in subdivisions (g)(1)(A) and (g)(2) of this section, an advertisement by a gambling operator for a gambling activity published or broadcast in this state shall include a toll-free helpline telephone number providing information and referral services concerning compulsive gambling disorders. (c)(1) In all printed, written, graphic, or internet advertising, the toll-free helpline telephone number required under this section shall be displayed in a manner that is clear, identifiable, and conspicuous, but the number shall not be displayed in a size smaller than provided in subdivision (c)(2) of this section. (2)(A) Except as provided in subdivision (g)(1)(A) of this section, in outdoor advertising by a gambling operator for a gambling activity, the toll-free helpline telephone number required under this section shall be displayed in not less than 36-point type print and not more than 50-point type print. (B) In all other printed, written, graphic, or internet advertising by a gambling operator for a gambling activity, the toll-free helpline telephone number required under this section shall not be displayed in less than 8-point type print. (d) In all television advertising, the toll-free helpline telephone number required under this section shall: (1) Be clearly and conspicuously displayed; and (2) Remain on the screen for at least three (3) seconds. (e) Except as provided in subdivision (g)(2) of this section, in all radio advertising, the toll-free helpline telephone number required under this section shall be stated in a manner that is clear and understandable. (f) If a gambling operator operates a website that provides information about or access to a gambling activity, the toll-free telephone number required under this section shall be displayed on the website in a manner that is clear, identifiable, and conspicuous, but the number shall not be displayed in less than 8-point type print. (g)(1)(A) This section does not apply to a billboard leased to a gambling operator as of July 27, 2011. (B) This section applies to a billboard leased to a gambling operator if the lease was executed by the gambling operator after July 27, 2011. (2) This section does not apply to a radio advertisement fifteen (15) seconds or less in length.

Ark. Code Ann. § 20-27-2701 Definitions.

As used in this subchapter: (1) “Bedding” means a mattress, upholstered spring, comforter, pad, cushion, pillow, box springs, foundation, or studio couch made, in whole or in part, from new or secondhand fabric, filling materials, or other materials, which can be used for sleeping or reclining purposes; (2) [Repealed.] (3) [Repealed.] (4) “Manufacture” means the making of bedding out of new material; (5) “New material” means any fabric, filling material, other material, or article of bedding that has not been previously used in the manufacturing, distributing, or retailing process or for which the legal title has not been transferred by a manufacturer, distributor, or retailer to a final purchaser, including by-products of any textile or manufacturing process that are free from dirt, insects, and other contamination; (6) “Person” means an individual, sole proprietorship, partnership, limited liability company, corporation, joint venture, association, trust, and any other entity and the agents, servants, and employees of the entity; (7) “Renovator” means a person that repairs, makes over, recovers, restores, sanitizes, germicidally treats, cleans, or renews bedding; (8) “Sanitizer” means a person that sanitizes, germicidally treats, or cleans but does not otherwise alter any fabric, filling material, other materials, or article of bedding for use in manufacturing or renovating bedding; (9) “Secondhand material” means any fabric, filling material, other material, or article of bedding that has been previously used for any purpose, including without limitation floor samples from any source other than a seller's own business and factory-returned materials or bedding, or is derived from a postconsumer or industrial waste and that may be used in place of new material in manufacturing or renovating bedding; and (10) “Seller” means a person that offers or exposes for sale, barters, trades, delivers, consigns, leases, possesses with intent to sell, or disposes of bedding in any commercial manner at the wholesale, retail, or other level of trade.

Ark. Code Ann. § 20-27-2702 Bedding labels.

(a)(1) All bedding manufactured, renovated, sanitized, or sold by a seller within the state shall bear a clear and conspicuous label that explicitly states whether the bedding is made from all new materials or is made in whole or in part from secondhand materials. (2) The label on bedding made from all new materials shall be white in color and shall state, “ALL NEW MATERIAL”. (3) The label on bedding made in whole or in part from secondhand materials shall be yellow in color and shall state, “SECONDHAND MATERIAL”. (4) The labels shall also comply with rules adopted by the Department of Health regarding label dimension, format, informational content, wording, letter size, material, means of placement and affixing to the bedding, and other relevant factors. (5) Labels required by this section shall be permanently affixed. (b) A person shall not remove, deface, or alter in whole or in part a label or any statement on a label with the intent to defeat the provisions of this section. (c) A person shall not make a false or misleading statement on any label required under this section. (d) The Secretary of the Department of Health shall approve the form and size of labels, the fabric of which the labels are made, and the wording and statements on labels provided for under this section. (e) Labels required under this section shall be securely attached to the article of bedding or filling material at the site of the manufacturer in a conspicuous place where the label can be easily examined. (f) Labels required by this section shall have printing only on one (1) side. (g) Advertising matter shall not be placed on any label or any other printed matter not required by the provisions of this section. (h) The following statements and headings shall be shown on labels: (1) “UNDER PENALTY OF LAW THIS TAG SHALL NOT BE REMOVED EXCEPT BY THE CONSUMER” shall appear at the top of the label; (2) Headings shall read “All New Material” when the bedding material is wholly new material; (3) “Secondhand Material” when the bedding material in whole or in part is composed of secondhand material; (4) Description of filling material as provided in the applicable rules shall be included on the label; (5) The registry number assigned or approved by the department shall be included on the label; (6) Certification by the manufacturer that the materials in this article are described in accordance with law shall be included on the label; and (7) For renovated articles, the name and address of the owner.

Ark. Code Ann. § 20-27-2703 Bedding materials.

(a) The contents and uses and percentage of filling materials used in articles of bedding and in bulk form shall be stated on the label. (b) Percentages shall be computed on the basis of avoirdupois weight of the filling material present and shall be designated on the label in order of predominance with the component with the largest content listed first. (c) The Department of Health may establish grades, specifications, and tolerances for the kinds and qualities of materials that may be used in the manufacture, repair, or renovation of bedding composed of new materials or secondhand materials and may approve or adopt designations and rules which are not in conflict with any provisions of this section for the labeling of bedding filled with such materials. (d) The repairer or renovator of any bedding that is subsequently sold shall affix the secondhand material label, which shall be attached to the bedding before delivery to the owner. (e)(1) Bedding shall not be manufactured in whole or in part from any secondhand material unless such material has been sanitized, germicidally treated, or cleaned by a method approved by the department. (2) All bedding containing material that is sanitized, germicidally treated, or cleaned in accordance with subdivision (e)(1) of this section shall bear a clear and conspicuous label that states the following: (3) In addition, the label shall state: (A) The specific methods of sanitizing, germicidal treatment, or cleaning applied; (B) The date on which the article was sanitized, treated, or cleaned; (C) The name, address, and permit number of the person applying the sanitizing, treatment, or cleaning; and (D) Specifically which materials or articles have been sanitized, treated, or cleaned. “THIS BEDDING CONTAINS PREVIOUSLY USED MATERIALS THAT HAVE BEEN CLEANED AND SANITIZED IN AN APPROVED MANNER TO KILL GERMS AND INSECTS AND TO PREVENT INFECTION.”

Ark. Code Ann. § 20-27-2704 Bedding inspections.

(a) The Department of Health, at its discretion, may randomly conduct bedding and materials product tests and inspections of the premises of any bedding manufacturer, renovator, or sanitizer for the purpose of determining compliance with the provisions of this section and the department's rules adopted under this section. (b) If the department finds probable cause to believe that an article of bedding violates any provisions of this section, the department may embargo, remove, recall, condemn, destroy, or otherwise dispose of bedding found to violate any provisions of this section. (c)(1)(A)(i) The department may deny, suspend, or revoke an initial or renewal permit of any person that violates any provision of this section. (ii) Each day of a continuing violation constitutes a separate violation. (B) A person who violates any provision of this section commits a Class A misdemeanor. (2) The court may order restitution in addition to any other penalty provided in this subchapter. (3) The department may petition for an injunction to restrain a continuing violation of this section or a threat of a continuing violation of this section, provided such violation or threatened violation creates an immediate threat to public health and safety. (4)(A) A manufacturer, renovator, or seller that knowingly attaches to bedding or sells bedding bearing a label stating that the product is made from all new materials when the person has actual knowledge or reason to believe or suspect that such bedding is made in whole or in part from secondhand materials commits a Class A misdemeanor. (B) Each bedding product that is found to be falsely labeled in this respect constitutes a separate violation.

Ark. Code Ann. § 20-27-2705 Rules.

(a) The Department of Health may adopt rules to implement this section, including without limitation rules regarding the following: (1) Mandatory label dimensions; (2) Format; (3) Informational content, including the name, address, and permit number of the manufacturer, renovator, or sanitizer; (4) Letter size; (5) Material; (6) Placement; (7) Affixing specifications; (8) Other relevant requirements; (9) The procedures and requirements for the application, issuance, renewal, denial, suspension, and revocation of each class of permit, including, but not limited to, manufacturers, renovators, sanitizers, and sellers; (10) Adequate notice and opportunity for hearing for persons potentially subject to denial, suspension, or revocation; (11) Approved manufacturers and sellers of labels required by this section; and (12) Any other substantive, interpretative, or procedural rules necessary to implement this subchapter. (b) In setting standards and procedures under this section, including those to protect public health and safety, the department may issue rules incorporating by reference uniform standards, norms, or testing procedures that are issued, promulgated, or accepted by recognized government, public, or industry organizations.

Source: Public.Resource.Org / UniCourt, Official Code of Arkansas Annotated, Release 78 (2020) (unicourt.github.io/cic-code-ar)URL: https://unicourt.github.io/cic-code-ar/transforms/ar/ocar/r78/gov.ar.code.title.20.htmlFetched: 11/8/2026