Code of Alabama

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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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28-11-4
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.)...
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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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8-17-2
Section 8-17-2 Registration and permit for sale or distribution. (a) Before any brake fluid
shall be sold, offered for sale, kept for sale or distributed in the State of Alabama, the
manufacturer, packer, or distributor thereof shall register the product with the Commissioner
of Agriculture and Industries and obtain a permit authorizing the sale of the product. (b)
Applications for registration and permits upon forms furnished by the Commissioner of Agriculture
and Industries shall contain: (1) Name, address, and location of the applicant's brake fluid
manufacturing company, packing or distributing establishment and the address of applicant's
sales office, if any, in the State of Alabama. (2) The brand name of the brake fluid which
the applicant proposes to offer for sale or distribution in the State of Alabama. (3) A copy
of the label or brand which will be affixed to or imprinted upon packages in which brake fluid
will be sold, offered for sale or distribution. (4) A copy of the...
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20-2-188
Section 20-2-188 Exceptions to requirements for sale or transfer of chemicals, and to licensing
requirements. (a) The provisions of this article shall not apply to the sale or transfer of
products which include a listed precursor chemical if the product may be sold lawfully with
a prescription or over the counter without a prescription under the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. Section 301 et seq.), or under a rule adopted pursuant to that act.
(b) Notwithstanding any other provision of this article, no person shall be required to obtain
a listed precursor license or permit for the sale, receipt, transfer, manufacture, or possession
of a listed precursor chemical when: (1) Such person is a duly licensed physician, dentist,
veterinarian, podiatrist, or pharmacist, when the sale, receipt, transfer, manufacture, or
possession of such listed precursor chemical is a transaction otherwise lawfully authorized;
(2) A domestic lawful distribution in the usual course of business...
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40-25-4
Section 40-25-4 Method and time of affixing stamps. The license taxes imposed by this article
shall be paid by affixing stamps in the manner and at the time herein set forth. In the case
of cigars, stogies, cheroots, chewing tobacco, and like products, the stamps shall be affixed
to the box or container in which or from which normally sold at retail. In the case of cigarettes,
smoking tobacco, and snuff, the stamps shall be affixed to each individual package. Time allowed
for affixing stamps shall be as follows: Every wholesale or retail dealer in this state, except
wholesalers who are issued a permit by the Department of Revenue, shall immediately after
receipt of any unstamped cigars, stogies, cheroots, chewing tobacco, cigarettes, smoking tobacco,
or snuff, unless sooner offered for sale, cause the same to have the requisite denominations
and amount of stamp or stamps to represent the tax affixed as stated herein. The stamping
of the cigars, stogies, cheroots, chewing tobacco,...
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40-17-380
Section 40-17-380 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE MAY 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. For the purposes of this
article, the following words have the following meanings: (1) DEPARTMENT. The Alabama Department
of Revenue. (2) DIESEL FUEL. Any liquid that is advertised, offered for sale, or sold for
use as or used as a motor fuel in a diesel-powered engine. Diesel fuel includes #1 and #2
fuel oils, kerosene, special fuels, and blended fuels which contain diesel fuel, but does
not include gasoline or aviation fuel. (3) DYED DIESEL FUEL. Diesel fuel that meets the dyeing
and marking requirements of 26 U.S.C §4082. (4) GASOLINE. Any product commonly or commercially
known as gasoline, or any substitute therefor, regardless of classification, that is advertised,
offered for sale, or sold for use as or used as fuel in an internal combustion engine, including
gasohol and blended fuel which contains gasoline. Gasoline...
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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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13A-8-23
Section 13A-8-23 Tampering with availability of gas, electricity, or water. (a) The following
terms shall have the meanings ascribed thereto unless the context clearly indicates otherwise:
(1) OWNER. Includes any part owner, joint owner, tenant-in-common, joint tenant, or tenant
by the entirety of the whole or part of any building. (2) PERSON. Includes a corporation,
firm, company, or association. (3) TENANT or OCCUPANT. Shall include any person who occupies
the whole or a part of any building whether alone or with others and shall include the owner.
(4) UTILITY. Any public or private utility authorized to provide electricity, natural gas,
or water or any combination thereof for sale to consumers in any particular service area.
(5) UTILITY SERVICES. The products, commodities, and services provided by a utility to its
customers. (b) It shall be unlawful for a tenant, occupant, or any other person to commit
any of the following acts which could, or in fact does, make gas, electricity, or...
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20-2-182
Section 20-2-182 License required for furnishing listed precursor chemical; licensing procedure;
record of transactions. (a) A manufacturer, wholesaler, retailer, or other person who sells,
transfers, manufactures, purchases for resale, or otherwise furnishes any listed precursor
chemical defined in Section 20-2-181 must first obtain on a biennial basis a license issued
by the Board of Pharmacy upon payment of a fee as prescribed by rule of the board to the secretary
of the board. Licenses shall be issued biennially beginning in 2010. All licenses shall expire
on December 31 of even-numbered years. Every holder of such a license in order to continue
to be licensed shall pay a biennial renewal fee to be prescribed by rule of the board. The
renewal fee shall be due on October 31 and shall be delinquent after December 31 of even-numbered
years. The payment of the renewal fee shall entitle the holder thereof to renewal of his or
her license at the discretion of the board. If any holder of...
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