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Can I sell products or services online without violating e-commerce laws in Arkansas? What are the requirements?
To sell products or services online in Arkansas, you must comply with the state’s e-commerce laws. The requirements for selling tobacco products, vapor products, alternative nicotine products, or e-liquid products are outlined in ARCO 26-57-207, ARCO 26-57-232, and ARCO 26-57-233. Wholesalers and salespersons must secure a permit from the Director of Arkansas Tobacco Control, sell only to properly permitted persons, affix proper tax stamps, and supply invoices and tax stamps to retailers. Failure to comply with these requirements may result in a violation for the first offense and a Class C misdemeanor for each additional offense [1.2][1.4].
For selling prescription-only drugs, pharmacies must comply with ARCO 17-92-1004. The pharmacy must be properly regulated by the Arkansas State Board of Pharmacy, and the pharmacist filling the prescription order must comply with the requirements of the section. Practitioners who write prescription orders through an internet site or electronic mail must be licensed and comply with all applicable laws [1.1].
For selling liquor, wholesalers must comply with ARCO 3-4-606. The requirements include being a citizen and bona fide resident of Arkansas, attaching a list of stockholders, managers, directors, and officers to the permit application, and not transferring stock to ineligible individuals. Failure to comply may result in the cancellation and revocation of the permit [2.1].
It is important to note that these are not the only requirements for selling products or services online in Arkansas. Other laws and regulations may apply depending on the nature of the products or services being sold. Therefore, it is recommended to consult with a legal professional to ensure compliance with all applicable laws and regulations [3.1].
Source(s):
- [1.1] Privilege to do business.
- [1.2] Salesperson — Restrictions — Violations.
- [1.4] Registration and permitting required before doing business.
- [2.1] Requirements for internet sales.
- [3.1] Wholesalers — Additional requirements.
- [1.1] Preemption for vapor products, alternative nicotine products, and e-liquid products.
Jurisdiction
Arkansas