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6-12-3
Section 6-12-3 Election between settlement and escrow fund. (a) Any tobacco product
manufacturer selling cigarettes to consumers within the state, whether directly or through
a distributor, retailer, or similar intermediary or intermediaries, after June 9, 1999, shall
do one of the following: (1) Become a participating manufacturer, as that term is defined
in Section II(jj) of the Master Settlement Agreement, and generally perform its financial
obligations under the Master Settlement Agreement. (2) a. Place into a qualified escrow fund,
by April 15 of the year following the year in question, the following amounts, as such amounts
are adjusted for inflation: 1999: $.0094241 per unit sold after June 9, 1999; 2000: $.0104712
per unit sold; For each of 2001 and 2002: $.0136125 per unit sold; For each of 2003 through
2006: $.0167539 per unit sold; For each of 2007 and each year thereafter: $.0188482 per unit
sold. b. A tobacco product manufacturer that places funds into escrow pursuant to...
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6-12-2
Section 6-12-2 Definitions. As used in this chapter, the following terms shall have
the following meanings: (1) ADJUSTED FOR INFLATION. Increased in accordance with the formula
for inflation adjustment set forth in Exhibit C to the Master Settlement Agreement. (2) AFFILIATE.
A person who directly or indirectly owns or controls, is owned or controlled by, or is under
common ownership or control with, another person. Solely for purposes of this definition,
the terms "owns," "is owned," and "ownership" mean ownership
of an equity interest, or the equivalent thereof, of ten percent or more, and the term "person"
means an individual, partnership, committee, association, corporation, or any other organization
or group of persons. (3) ALLOCABLE SHARE. Allocable share as that term is defined in the Master
Settlement Agreement. (4) CIGARETTE. Any product that contains nicotine, is intended to be
burned or heated under ordinary conditions of use, and consists of or contains (i) any roll
of...
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6-12A-3
Section 6-12A-3 Tobacco product manufacturer certification; directory; stamping, sale,
or import of cigarettes not in directory. (a) Certification. Every tobacco product manufacturer
whose cigarettes are sold in this state whether directly or through a distributor, retailer,
or similar intermediary or intermediaries shall execute and deliver on a form prescribed by
the commissioner, a certification to the commissioner no later than the thirtieth day of April
each year, certifying that, as of the date of the certification, the tobacco product manufacturer
either: Is a participating manufacturer or is in full compliance with Section 6-12-3,
including all quarterly installment payments required by subsection (e) of Section
6-12A-5. (1) Each participating manufacturer shall include in its certification a list of
its brand families. The participating manufacturer shall update its list 30 days prior to
any addition or modification to its brand families by executing and delivering a...
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8-19-5
Section 8-19-5 Unlawful trade practices. The following deceptive acts or practices in
the conduct of any trade or commerce are hereby declared to be unlawful: (1) Passing off goods
or services as those of another, provided that this section shall not prohibit the
private labeling of goods or services. (2) Causing confusion or misunderstanding as to the
source, sponsorship, approval, or certification of goods or services. (3) Causing confusion
or misunderstanding as to the affiliation, connection, or association with, or certification
by another, provided that this section shall not prohibit the private labeling of goods
or services. (4) Using deceptive representations or designations of geographic origin in connection
with goods or services. (5) Representing that goods or services have sponsorship, approval,
characteristics, ingredients, uses, benefits, or qualities that they do not have or that a
person has sponsorship, approval, status, affiliation, or connection that he or she does...
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6-12A-2
Section 6-12A-2 Definitions. For the purposes of this chapter, unless otherwise indicated,
the following terms shall have the meanings respectively ascribed to them by this section:
(1) BRAND FAMILY. All styles of cigarettes sold under the same trade mark and differentiated
from one another by means of additional modifiers or descriptors, including, but not limited
to, menthol, lights, kings, and 100s and includes any brand name (alone or in conjunction
with any other word) trademark, logo, symbol, motto, selling message, recognizable pattern
of colors, or any other indicia of product identification identical or similar to, or identifiable
with, a previously known brand of cigarettes. (2) CIGARETTE. As defined under subdivision
(4) of Section 6-12-2. (3) COMMISSIONER. The Commissioner for the Department of Revenue
for the State of Alabama. (4) DISTRIBUTOR. A person, wherever resident or located, who purchases
non-tax-paid cigarettes and stores, sells, or otherwise disposes of the...
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8-17-271
Section 8-17-271 Definitions. As used in this article, the following terms shall have
the following meanings: (1) AGENT. Any person authorized by the Department of Revenue to purchase
and affix stamps on packages of cigarettes. (2) CIGARETTE. Any of the following: a. Any roll
of tobacco wrapped in paper or in any substance not containing tobacco. b. Any roll of tobacco
wrapped in any substance containing tobacco which, because of its appearance, the type of
tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or
purchased by, consumers as a cigarette described in paragraph a. (3) MANUFACTURER. Any of
the following: a. Any entity which manufactures or otherwise produces cigarettes or causes
cigarettes to be manufactured or produced anywhere that the manufacturer intends to be sold
in this state, including cigarettes intended to be sold in the United States through an importer.
b. Any entity that becomes a successor of an entity described in paragraph a....
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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. ยง1472a. (4) DISTRIBUTION. To sell, barter, exchange,
or give tobacco or tobacco products for promotional purposes or...
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6-12-1
Section 6-12-1 Legislative findings. The Legislature of Alabama finds as follows: (1)
Cigarette smoking presents serious public health concerns to the state and to the citizens
of the state. The Surgeon General has determined that smoking causes lung cancer, heart disease,
and other serious diseases, and that there are hundreds of thousands of tobacco-related deaths
in the United States each year. These diseases most often do not appear until many years after
the person in question begins smoking. (2) Cigarette smoking also presents serious financial
concerns for the state. Under certain health care programs, the state may have a legal obligation
to provide medical assistance to eligible persons for health conditions associated with cigarette
smoking, and those persons may have a legal entitlement to receive such medical assistance.
(3) Under these programs, the state pays millions of dollars each year to provide medical
assistance for these persons for health conditions associated...
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6-12A-5
Section 6-12A-5 Reporting to commissioner; disclosure; escrow fund. (a) Reporting by
wholesalers and distributors. Not later than 20 days after the end of each month, and more
frequently if so directed by the commissioner, each wholesaler and distributor shall submit
all the information the commissioner requires to facilitate compliance with this chapter,
including, but not limited to, a list by brand family of the total number of cigarettes or
in the case of roll your own, the equivalent stick count for which the wholesalers and distributors
affixed stamps during the previous month or otherwise paid the tax due for any cigarettes.
The wholesaler or distributor shall maintain, and make available to the commissioner, all
invoices and documentation of sales of all non-participating manufacturer cigarettes and any
other information relied upon in reporting to the commissioner for a period of five years.
(b) Disclosure of information. Notwithstanding any other law or rule, including...
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40-25-2
Section 40-25-2 Who is liable for tax; amount; local tax or fee. (a) In addition to
all other taxes of every kind now imposed by law, every person, firm, corporation, club, or
association, within the State of Alabama, who sells or stores or receives for the purpose
of distribution to any person, firm, corporation, club, or association within the State of
Alabama, cigars, cheroots, stogies, cigarettes, smoking tobacco, chewing tobacco, snuff, or
any substitute therefor, either or all, shall pay to the State of Alabama for state purposes
only a license or privilege tax which shall be measured by and graduated in accordance with
the volume of sales of such person, firm, corporation, club, or association in Alabama. There
is hereby levied license or privilege taxes on articles containing tobacco enumerated in this
article in the following amounts: (1) LITTLE CIGARS. Upon cigars of all descriptions, including
filtered cigars, made of tobacco, or any substitute therefor, and weighing not...
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