Code of Alabama

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28-11-8
Section 28-11-8 Failure to obtain or display permit. (a) It shall be unlawful for any
person to sell or offer for sale tobacco or tobacco products without first obtaining the appropriate
permit from the board. Selling or offering for sale tobacco or tobacco products without obtaining
and displaying a valid permit by January 1, 1998, shall result in issuance of a warning citation.
The board shall conduct an information and education campaign by its Responsible Vendor Program
to inform distributors of tobacco products at retail or in vending machines or self-service
displays of the requirements of this law. Failure to obtain or display a valid permit pursuant
to this chapter after January 1, 1998, shall constitute a misdemeanor offense. (b) It shall
be unlawful for any person to sell or offer for sale electronic nicotine delivery systems
or alternative nicotine products without first obtaining the appropriate permit from the board.
Failure to obtain or display a valid permit by October...
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28-11-7
Section 28-11-7 Distribution permits. (a) Any person who distributes tobacco, tobacco
products, electronic nicotine delivery systems, or alternative nicotine products within this
state shall first obtain a permit from the board for each location of distribution. There
is no fee for the permit. (b) Any person who maintains a tobacco, tobacco product, electronic
nicotine delivery system, or alternative nicotine product vending machine on his or her property
in this state shall first obtain a permit from the board for each machine at each machine
location. The permit for each machine shall be posted in a conspicuous place on the machine.
(c) A permit shall be valid only for the location specified in the permit application. (d)
A permit is not transferable or assignable and shall be renewed annually. Notwithstanding
the foregoing, if a location for which a permit is obtained is sold or transferred, the permit
shall be transferred to the person obtaining control of the location and shall be...
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28-11-2
Section 28-11-2 Definitions. For purposes of this chapter, the following terms have
the following meanings unless the context clearly indicates otherwise: (1) ALTERNATIVE NICOTINE
PRODUCT. The term alternative nicotine product includes any product that consists of or contains
nicotine that can be ingested into the body by chewing, smoking, absorbing, dissolving, inhaling,
snorting, sniffing, or by any other means. The term does not include a tobacco product, electronic
nicotine delivery system, or any product that has been approved by the United States Food
and Drug Administration for sale as a tobacco cessation product or for other medical purposes
and that is being marketed and sold solely for that purpose. (2) BOARD. The Alabama Alcoholic
Beverage Control Board. (3) CHILD-RESISTANT PACKAGING. Liquid nicotine container packaging
meeting the requirements of 15 U.S.C. §1472a. (4) DISTRIBUTION. To sell, barter, exchange,
or give tobacco or tobacco products for promotional purposes or...
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13A-12-3.8
Section 13A-12-3.8 Permit requirements; violations. (a) No person may conduct a delivery
sale of electronic nicotine delivery systems or alternative nicotine products unless the seller
has obtained a valid permit to conduct delivery sales of electronic nicotine delivery systems
or alternative nicotine products issued by the board pursuant to Section 28-11-4. (b)
No person may conduct a delivery sale of electronic nicotine delivery systems or alternative
nicotine products to a person under the legal minimum age. (c) A person holding a permit to
conduct delivery sales of electronic nicotine delivery systems or alternative nicotine products
may not accept a purchase or order from any person without first obtaining the full name,
birth date, and residential address of that person and verifying this information through
an independently operated third-party database or aggregate of databases, which includes data
from government sources, that are regularly used by government and businesses...
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28-11-9
Section 28-11-9 Suspension or revocation of permit; hearing commission; fines. (a) Subject
to the Alabama Administrative Procedure Act, Chapter 22 of Title 41, the board shall have
full and final authority as to the suspension or revocation for cause of any permit issued
pursuant to this chapter. (1) The board may appoint a hearing commission of at least three
persons which may do all of the following: a. Hear and decide all contested applications for
permits. b. Hear and decide all charges against any permit holder or employee of a permit
holder for violations of this chapter, the law, or the rules of the board. c. Revoke or suspend
permits as provided in this chapter. d. Levy administrative fines upon permit holders or employees
of permit holders. (2) No member of the hearing commission shall participate in the hearing
or disposition of any application for a permit or charge against a permit holder or an employee
of a permit holder if he or she has an interest therein or was involved...
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20-2-190
Section 20-2-190 Penalties; sale of ephedrine, etc.; Alabama Drug Abuse Task Force.
(a) Any person who manufactures, sells, transfers, receives, or possesses a listed precursor
chemical violates this article if the person: (1) Knowingly fails to comply with the reporting
requirements of this article; (2) Knowingly makes a false statement in a report or record
required by this article or the rules adopted thereunder; (3) Is required by this article
to have a listed precursor chemical license or permit, and is a person as defined by this
article, and knowingly or deliberately fails to obtain such a license or permit. An offense
under this subsection shall constitute a Class C felony. (b) Notwithstanding the provisions
of Section 20-2-188, a person who possesses, sells, transfers, or otherwise furnishes
or attempts to solicit another or conspires to possess, sell, transfer, or otherwise furnish
a listed precursor chemical or a product containing a precursor chemical or ephedrine or...

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28-11-16
Section 28-11-16 Advertising electronic nicotine delivery system or alternative nicotine
product. (a)(1) A retailer or manufacturer of electronic nicotine delivery systems or alternative
nicotine products may not advertise an electronic nicotine delivery system or an alternative
nicotine product in any of the following ways: a. As a tobacco cessation product. b. As a
healthier alternative to smoking. c. As available for purchase in any variety of flavors other
than tobacco, mint, or menthol on any outdoor billboard. d. On any outdoor billboard located
within 1,000 feet of any public or private K-12 school or public playground. (2) Paragraphs
a. and b. of subdivision (1) are not applicable to products that have received an order from
the FDA permitting the product to be marketed as a modified risk tobacco product, and are
marketed in accordance with that order. (b)(1) A violation of subsection (a) shall result
in a one hundred dollar ($100) fine for the first occurrence. (2) A second or...
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28-11-13
Section 28-11-13 Unlawful for minors to purchase, use, possess, or transport tobacco,
tobacco product, electronic nicotine delivery system, or alternative nicotine product. (a)
It is unlawful for any minor to purchase, use, possess, or transport tobacco, a tobacco product,
an electronic nicotine delivery system, or an alternative nicotine product within this state.
It shall not be unlawful for a minor employee of a tobacco, tobacco product, electronic nicotine
delivery system, or alternative nicotine product permit holder to handle, transport, or sell
tobacco, a tobacco product, an electronic nicotine delivery system, or an alternative tobacco
product if the minor employee is acting within the line and scope of employment and the permit
holder, or an employee of the permit holder who is 21 years of age or older, is present. (b)
It is unlawful for any minor to present or offer to another person proof of identification
which is false, fraudulent, or not actually his or her own proof of...
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20-1-144
Section 20-1-144 Violation of article; enforcement. (a) A person who produces milk,
milk products, or frozen dessert in a producing plant and sells or offers for sale, consigns
or offers for consignment, or offers for remuneration of milk, milk products, frozen desserts,
or single-service container or closure without first obtaining the required permit or violates
a rule or order issued pursuant to this article shall be guilty of a Class A misdemeanor.
(b) The State Board of Health shall institute a civil action in any circuit court in the State
of Alabama to enforce the provisions of this article. Any person who operates without a valid
permit may be enjoined from the operation by the circuit court without prior resort to criminal
remedies. (Acts 1993, No. 93-718, p. 1403, §5.)...
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40-25-19
Section 40-25-19 Transporting and distributing tobacco products. Each and every person,
firm, corporation, club, or association transporting and distributing in any manner whatsoever
any tobacco products as enumerated and defined herein within the State of Alabama who has
not a privilege license as prescribed in Sections 40-12-72 and 40-12-73 shall before transporting
or distributing any of such tobacco products as enumerated and defined herein secure a permit
from the Department of Revenue. The Department of Revenue shall, before issuing such permit,
charge and collect annually a fee of $50 from each such person, firm, corporation, club, or
association for transporting or distributing in any manner whatsoever any tobacco products
as enumerated and defined herein. Each person, firm, corporation, club, or association securing
a permit as hereinbefore provided for, shall be allowed for each such permit so secured one
vehicle for the purpose of transporting or distributing such tobacco...
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