Okla. Stat. tit. 63, § 63-1-229.35: Vapor manufacturers to attest to applying for or

receiving a marketing order.

A. Beginning July 1, 2023, every manufacturer of a vapor

product that is sold or intended to be sold in this state, whether

directly or through a distributor, retailer, or similar intermediary

or intermediaries, shall execute and deliver an attestation under

penalty of perjury to the Oklahoma Alcoholic Beverage Laws

Enforcement (ABLE) Commission certifying that, as of the date of

such attestation:

1. The vapor product was available for purchase in the United

States as of August 8, 2016, and the manufacturer has applied for a

marketing order for the vapor product by submitting a Premarket

Tobacco Product Application on or before September 9, 2020, to the

United States Food and Drug Administration (FDA); or

2. The manufacturer has received a marketing order or other

authorization for the vapor product from the FDA pursuant to Section

387j of Title 21 of the United States Code.

B. The manufacturer shall notify the ABLE Commission within

thirty (30) days of any material change to the attestation,

including whether the FDA has issued or not issued a market order or

other authorization or has ordered the manufacturer to remove the

vapor product, either temporarily or permanently, from the United

States market.

C. The ABLE Commission shall develop a directory listing all of

the manufacturers that have provided attestations that comply with

subsection A of this section and all vapor products that are listed

in such attestations. The ABLE Commission shall:

1. Make the directory available for public inspection on its

website on or before October 1, 2023; and

2. Update the directory as necessary to correct mistakes and to

add or remove manufacturers or vapor products to maintain the

directory in conformity with the requirements of this section.

D. It shall be unlawful for any person, directly or indirectly,

to knowingly manufacture, distribute, sell, barter, or furnish in

this state any vapor product that is not included in the directory.