Tobacco Product (includes vapor product, tobacco OR shisha instruments or paraphernalia)
Some of the laws that govern tobacco product, vapor product, tobacco or shisha instruments or paraphernalia can be found in the Arizona Revised Statutes (A.R.S.). This includes persons involved in the manufacture, sales and distribution of cigarettes. You may also wish to consult your attorney for assistance.
Manufacturers and their brands of cigarettes and roll-your-own (RYO) tobacco must be certified with the Attorney General’s Office and be placed on the Arizona Cigarette Directory before those products can be stamped, sold or possessed for sale in Arizona (including for sale within or outside of Arizona). See A.R.S. 44-7111.
In Arizona, it is unlawful to sell cigarettes in any non-hand-to-hand sales (i.e., remote sales such as via mail, phone, internet) to anyone, with very limited exceptions. A.R.S. 36-798.06. The only permissible remote sales are Arizona licensed tobacco distributors (A.R.S. 42-3401) buying from wholesalers or other Arizona licensed tobacco distributors or retailers buying from Arizona licensed tobacco distributors. One effect of this law is to prohibit remote sales to Arizona consumers. (19)
Contact: Office of the Attorney General, Tobacco Enforcement Unit, 602.542.7715
If you are a retailer or distributor selling cigarettes or other tobacco products or a consumer acquiring cigarettes on which Arizona tobacco tax has not been paid, you will need to obtain the Tobacco License from the Arizona Department of Revenue. (12)
You should read the Arizona Department of Revenue, Publication 541, Tobacco Tax, carefully. It provides you with important information regarding tobacco tax rates, including the tobacco tax rates on Indian reservations. It also provides information about the tax stamps that must be affixed to packages of cigarettes.
For federal regulations on tobacco-related businesses, visit the website of the Alcohol and Tobacco Tax and Trade Bureau of the U.S. Department of the Treasury. (10)
Contact: U.S. Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau: TTB Regulated Industry - Tobacco, 877.882.3277 (Toll Free)
All cigarettes (as defined in A.R.S. 41-2070.2) sold in the State of Arizona must comply with the State Fire Marshal’s Fire Safe Cigarette Standards. Any manufacturer who intends for its cigarettes to be sold must have its cigarettes listed as compliant in the Arizona State Fire Marshal Directory of Fire Standards Compliant Cigarettes.
Contact: Arizona Department of Forestry and Fire Management, Fire Marshal, 602.771.1400
The U.S. Food and Drug Administration (FDA) regulates the manufacture, import, packaging, labeling, advertising, promotion, sale, and distribution of hookah tobacco. This includes components and parts of tobacco products regulated by the 2016 rule, but excludes accessories such as lighters, tongs, or external burners.
If you make, modify, mix, manufacture, fabricate, assemble, process, label, repack, relabel, or import hookah (waterpipe) tobacco, you must comply with the requirements for manufacturers.
Tobacco products imported or offered for import into the United States must comply with all the applicable requirements under the Federal Food, Drug, and Cosmetic Act (FD&C Act). (19)
Arizona Department of Revenue, Arizona Tobacco Tax FAQs Issued: LTN 15-05, which provides answers to frequently asked questions regarding tobacco tax in Arizona, has been issued.
U.S. Food and Drug Administration: Tobacco Products - includes information on Guidance, Regulations & Compliance, and Electronic Cigarettes (e-Cigarettes)