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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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28-11-17
Section 28-11-17 Distribution, sale, etc., in violation of federal law or FDA rule. (a) It
is unlawful to distribute, sell, or offer for sale any electronic nicotine delivery system
or alternative nicotine product that cannot be legally marketed under federal law or FDA rule,
regulation, or guidance. (b) Each violation of subsection (a) shall be a Class C misdemeanor.
(Act 2019-233, §3.)...
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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
Section 13A-12-3 Selling cigarettes to minors. Any person who sells, barters, exchanges or
gives to any minor any tobacco, tobacco product, electronic nicotine delivery system, or alternative
nicotine product, on conviction, shall be fined not less than one hundred dollars ($100) nor
more than three hundred dollars ($300) and may also be imprisoned in the county jail for not
more than 30 days. (Code 1896, §5336; Code 1907, §6466; Code 1923, §3567; Code 1940, T.
14, §95; Code 1975, §13-6-5; Act 2019-233, §2.)...
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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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13A-12-3.1
Section 13A-12-3.1 Definitions. For purposes of this article, the following terms shall have
the following meanings: (1) ALTERNATIVE NICOTINE PRODUCT. The same meaning as in Section 28-11-2.
(2) BOARD. The same meaning as in Section 28-11-2. (3) BRAND STYLE. A variety of cigarettes
distinguished by the tobacco used, tar and nicotine content, flavoring used, size of cigarette,
filtration on the cigarette, or packaging. (4) CLEAR AND CONSPICUOUS STATEMENT. A statement
that is of sufficient type size to be clearly readable by the recipient of the communication.
(5) COMMISSIONER. The Commissioner of the Alabama Department of Revenue. (6) CONSUMER. An
individual who acquires or seeks to acquire cigarettes, or any one or more articles taxed
herein, for personal use. (7) DELIVERY SALE. Any sale of cigarettes to a consumer within this
state, regardless of whether the seller is located in this state, where either of the following
is true: a. The purchaser submits the order for such sale by...
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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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28-11-8
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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