§ 26-57-259 - Nonpreemption. - Arkansas Statutes

26-57-259. Nonpreemption.

(a) This act and the rules, regulations and other actions of the Arkansas Tobacco Control Board shall not be construed or interpreted so as to preempt or in any other manner qualify or limit the enactment and enforcement of any federal, state, county, municipal, or other local regulation of the manufacture, sale, storage, or distribution of tobacco products that is more restrictive than this act or the rules and regulations promulgated by the board.

(b) This act and the rules, regulations and other actions of the board shall not be construed or interpreted so as to preempt or otherwise limit any legal or equitable claims or causes of action brought under the common law or any federal or state statutes.

(c) Nothing in this act nor any rule or regulation of the board shall be construed or interpreted so as to require any state, county, municipal, or other local authority to exhaust any administrative remedies through the board including, but not limited to, the right to seize and forward to the board the state license of any vendor or retailer found to have illegally sold tobacco products to a person less than eighteen (18) years of age, provided that the vendor or retailer shall be given a hearing before the board within five (5) business days of the seizure.