Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 4 - FOOD, DRUGS, AND COSMETICS (§§ 20-56-201 — 20-64-1103) › Chapter 56 - GENERAL PROVISIONS (§§ 20-56-201 — 20-56-413) › Subchapter 4 - HEMP-DERIVED PRODUCTS (§§ 20-56-401 — 20-56-413) › Section 20-56-406 - [See Note] Permits - Annual privilege fees

(a)
The annual privilege fee for each permit authorized by this subchapter is established as follows:
(1)
Wholesale Hemp-derived Products Permit...............$5,000
(2)
Retail Hemp-derived Products Permit...............$5,000
(3)
Manufacturer Hemp-derived Products Permit...............$5,000
(b)
(1)
All permits issued under this subchapter shall expire on June 30 following the effective date of issuance.
(2)
(A)
Upon the failure to timely renew a permit issued under this subchapter, a late fee of two (2) times the amount of the appropriate permit fee shall be owed in addition to the annual privilege fee for the permit.
(B)
An expired permit that is not renewed before September 1 following the expiration of the permit shall not be renewed, and the holder of the expired permit shall submit an application for a new permit.
(3)
A permit shall not be issued to the applicant until the late fee and the permit fee have been paid.
(c)
A permit issued under this subchapter shall not be renewed for a permit holder who is delinquent more than ninety (90) days on a privilege fee, tax relating to the sale or dispensing of hemp-derived products, or any other state and local tax due to the Secretary of the Department of Finance and Administration.
(d)
A person who is delinquent more than ninety (90) days on a state or local tax may not renew or obtain a permit issued under this subchapter except upon certification that the permit holder has entered into a repayment agreement with the Department of Finance and Administration and is current on the payments.
(e)
A permit holder who has unpaid fees, civil penalties, or an unserved permit suspension may not transfer, sell, or give hemp-derived product inventory of the business associated with the permit to a third party until all fees and civil penalties are paid in full and all suspensions are completed successfully, nor shall any third party be issued a new permit for the business location.
(f)
Each manufacturer, wholesaler, and retailer shall retain copies of all invoices for the purchase or sale of any hemp-derived products for a period of at least ten (10) years subject to examination by the Secretary of the Department of Finance and Administration and the Director of Arkansas Tobacco Control or their authorized agents upon demand at any time during regular business hours.
(g)
A retailer shall:
(1)
Maintain copies of at least the last three hundred sixty-five (365) days of hemp-derived product invoices, which the retailer shall provide immediately upon demand;
(2)
(A)
Make the invoices that are older than three hundred sixty-five (365) days available upon demand at any time during normal business hours in the retail store.
(B)
Except as provided in subdivision (g)(2)(C) of this section, an agent of Arkansas Tobacco Control may determine a reasonable time frame for which invoices are to be provided under subdivision (g)(2)(A) of this section.
(C)
An invoice that is provided seventy-two (72) hours or more after the demand shall not be considered for purposes of determining a violation of this subsection;
(3)
Retain invoices for all hemp-derived products in the retail store even if the invoice for the hemp-derived products is older than three (3) years;
(4)
Maintain a copy of the signed server awareness forms for each employee of the retailer who engages in the sale of hemp-derived products, which the retailer shall provide immediately upon demand;
(5)
(A)
Maintain a copy of any complete transfer forms showing:
(i)
The hemp-derived products that were transferred;
(ii)
The permitted location from which the hemp-derived products were transferred; and
(iii)
When the transfer occurred.
(B)
A transfer form shall be completed contemporaneously with the transfer and shall be provided immediately by the retailer upon demand; and
(6)
If any inventory was submitted with a permit application, maintain a copy of the submitted inventory form, which the retailer shall provide immediately upon demand.
(h)
A wholesaler and manufacturer shall:
(1)
Maintain ten (10) years of hemp-derived product invoices that are available upon demand during normal business hours in the permitted location; and
(2)
Permit Arkansas Tobacco Control and authorized personnel of Arkansas Tobacco Control to enter into and inspect stock of hemp-derived products, and any documents and records relating to receipts and disbursements of hemp-derived products.
(i)
An invoice from a wholesaler to a retailer shall contain the name or other identifying information of the wholesaler and the retailer.
(j)
(1)
A nonresident wholesaler shall also keep a record of all hemp-derived products purchased for distribution within this state.
(2)
All books, records, and memoranda pertaining to the purchase and sale of the hemp-derived products under subdivision (j)(1) of this section shall be subject to inspection by Arkansas Tobacco Control.
(k)
Authorized personnel of Arkansas Tobacco Control shall not release to the Arkansas Tobacco Control Board or to the public any information identifying customers of the manufacturer, wholesaler, or warehouse except when necessary to notify the board of alleged violations of this subchapter.
Added by Act 2023, No. 629,§ 10, eff. only upon the certification of the Arkansas Attorney General that the State of Arkansas is currently enjoined from enforcing Sections 2-5 of this act relating to delta-8 tetrahydrocannabinol and delta-10 tetrahyrdocannabinol, but no earlier than August 1, 2023..