SB 1102: Vapor products; modifying and adding requirements for certain attestation; requiring certain notice and directing seizure of certain products. Emergency. - Oklahoma

SB1102 (3-11-25) (COLEMAN) FA1.PDF → Floor (Senate) · 5 edits

MODERATE

The bill was updated to shift key compliance deadlines from 2026 to 2025, likely to align with new fiscal or regulatory cycles. The text was reorganized to clearly define 'vapor products' and establish a mandatory annual attestation process for manufacturers, requiring them to certify FDA approval status and pay specific fees to the Attorney General. These changes aim to tighten oversight of vapor products by creating a clear, enforceable reporting mechanism with financial penalties for non-compliance.

Scope change

The scope of applicability remains focused on vapor product manufacturers selling in Oklahoma, but the specific dates for compliance and the structure of the reporting requirements have been significantly altered.

TIMELINE

Critical compliance deadlines were moved forward from September 1, 2026, to September 1, 2025, in multiple sections of the bill.

REQUIREMENT

A new mandatory annual attestation process was established, requiring manufacturers to submit sworn statements to the Attorney General certifying their product's FDA status.

FISCAL

New fees were introduced for the attestation process: a $5,000 initial fee and a $2,500 annual renewal fee for each manufacturer.

DEFINITION

Clear definitions were added for 'vapor product' and 'timely filed premarket tobacco product application' to clarify which items are subject to the new rules.

TECHNICAL

The document structure was changed from a committee amendment format to a formal Senate Floor version, incorporating bolded text to denote specific committee amendments.

Proposed Policy Committee Substitute 1 → SB1102 (3-11-25) (COLEMAN) FA1.PDF · 2 edits

MINOR

The bill was amended to replace the entire text with a cleaner version and to shift the effective date of the new regulations from September 1, 2026, to September 1, 2025. This change accelerates the implementation of rules regarding nicotine product labeling, packaging, and marketing restrictions by one year.

Scope change

The bill's scope remains focused on regulating alternative nicotine products in Oklahoma, but the timeline for compliance has been moved up by one year.

TIMELINE

The effective date for the new regulations was changed from September 1, 2026, to September 1, 2025, requiring businesses to comply with new rules one year earlier.

TECHNICAL

The entire text of the bill was replaced with a revised version that includes updated formatting and a clearer title.

Engrossed → Proposed Policy Committee Substitute 1 · 5 edits

MODERATE

The bill was completely rewritten to replace the original text with a new version titled the 'Alternative Nicotine Products Regulatory Act of 2026'. This revision updates the legal definitions of vape products, establishes new safety requirements like child-proof caps and tamper-evident packaging, and modifies the attestation process for manufacturers to align with current regulations.

Scope change

The bill's scope shifted from an older regulatory framework to a comprehensive 2026 act that explicitly defines 'Alternative nicotine products' and includes specific prohibitions on marketing terms appealing to minors, such as candy or cartoon references.

DEFINITION

The definition of 'vapor product' was replaced with a new term 'Alternative nicotine product' to broaden the scope of regulated items.

REQUIREMENT

New mandatory safety requirements were added, including the use of child-proof caps on e-liquid bottles and tamper-evident packaging for all products.

The attestation process was updated to require manufacturers to certify they have received FDA marketing authorization or have submitted a premarket application.

New restrictions prohibit the use of specific marketing terms (e.g., 'candy', 'bubble gum') and imagery that imitates food brands or toys to prevent appeal to minors.

TIMELINE

The original effective date of July 1, 2023, was removed and replaced with a new 2026 effective date framework.

Introduced → Engrossed · 3 edits · Mar 31, 2025

MINOR

The bill was updated from its 'Introduced' draft to its 'Engrossed' version, incorporating changes approved by the House of Representatives. The most significant substantive change is the update of the mandatory attestation deadline from July 1, 2023, to July 1, 2025, giving manufacturers more time to comply. The text also includes formatting adjustments and the addition of new sponsors to the bill.

Scope change

The bill's scope remains focused on regulating vapor products and requiring manufacturer attestation, but the compliance timeline has been extended.

TIMELINE

The deadline for manufacturers to submit annual attestation forms was changed from July 1, 2023, to July 1, 2025.

TECHNICAL

The bill header was updated to reflect the addition of House sponsors (Coleman and Frix of the Senate, and Roe of the House).

Page numbering and formatting were adjusted to reflect the bill's progression through the legislative process.

Vapor products; modifying and adding requirements for certain attestation; requiring certain notice and directing seizure of certain products. Emergency.

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