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28-11-4
Section 28-11-4 Purpose of rules. Pursuant to its rulemaking authority, the board shall adopt
rules that have the full force and effect of law, for purposes of the following: (1) Establishing
permits for the distribution of tobacco, tobacco products, electronic nicotine delivery systems,
and alternative nicotine products. (2) Preventing the distribution of tobacco, tobacco products,
electronic nicotine delivery systems, and alternative nicotine products to minors. (3) Conducting
annual random compliance tests to assure compliance with applicable state and federal laws
and guidelines regarding the distribution of tobacco, tobacco products, electronic nicotine
delivery systems, and alternative nicotine products. The tests involving any person or location
engaged in the distribution of tobacco may utilize minors. (Acts 1997, No. 97-423, p. 721,
§4; Act 2019-233, §2.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-11-4.htm - 1K - Match Info - Similar pages
28-11-11
Section 28-11-11 Annual report. The board shall issue an annual report to the Governor, the
Legislature, and the Attorney General concerning compliance by state retail merchants with
this chapter. The report shall contain all of the following: (1) The total number of retail
distributors of tobacco, tobacco products, electronic nicotine delivery systems, and alternative
nicotine products categorized by type of retail outlet. (2) The number of citations reported
to the board, categorized by type of retail outlet. (3) The total number of successful compliance
checks, categorized by type of retail outlet. (4) The extent and nature of organized educational
and government activities intended to promote, encourage, or otherwise secure compliance with
state and federal laws prohibiting the sale or distribution of tobacco products to minors.
(5) Information as to the level of access and availability of tobacco products to minors.
(6) Noted impediments to implementation of this chapter, as well...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-11-11.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-11-7.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-11-2.htm - 6K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-11-9.htm - 5K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/20-2-190.htm - 25K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-11-16.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-11-8.htm - 2K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-12-3.1.htm - 4K - Match Info - Similar pages
41-15B-2.2
Section 41-15B-2.2 Allocation of trust fund revenues. (a) For each fiscal year, beginning October
1, 1999, contingent upon the Children First Trust Fund receiving tobacco revenues and upon
appropriation by the Legislature, an amount of up to and including two hundred twenty-five
thousand dollars ($225,000), or equivalent percentage of the total fund, shall be designated
for the administration of the fund by the council and the Commissioner of Children's Affairs.
(b) For the each fiscal year, beginning October 1, 1999, contingent upon the Children First
Trust Fund receiving tobacco revenues, the remainder of the Children First Trust Fund, in
the amounts provided for in Section 41-15B-2.1, shall be allocated as follows: (1) Ten percent
of the fund shall be allocated to the Department of Public Health for distribution to one
or more of the following: a. The Children's Health Insurance Program. b. Programs for tobacco
control among children with the purpose being to reduce the consumption...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-15B-2.2.htm - 22K - Match Info - Similar pages
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