Code of Alabama - Title 28: Intoxicating Liquor, Malt Beverages and Wine - Chapter 11 - Sale of Tobacco Products Regulated by the Alcoholic Beverage Control Board

• Section 28-11-1 Legislative intent
  It is the intent of the Legislature to prohibit access to tobacco and tobacco products by minors and thereby prevent all of the following: (1)...
• 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...
• Section 28-11-3 Minors enlisted to help board enforce state and federal laws
  The board, in conjunction with federal, state, and local law enforcement agencies, shall enforce state and federal laws that prohibit the distribution of tobacco or...
• 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)...
• Section 28-11-5 Tobacco prevention materials; funding
  The board may use funding, if available, from the Department of Mental Health, other state or federal agencies, grants, and private or public organizations to...
• Section 28-11-6 Distribution of tobacco or tobacco products
  No tobacco or tobacco product, except cigars, shall be distributed unless in an original factory-wrapped container. This prohibition also applies to the distribution of single...
• Section 28-11-6.1 Vending machines
  (a) No tobacco or tobacco product shall be distributed by use of a vending machine unless such machine: (1) Is located in an area in...
• Section 28-11-6.2 Self-service displays
  No tobacco or tobacco product shall be distributed at retail through a self-service display unless such display is a vending machine as permitted under Section...
• 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...
• 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...
• 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...
• Section 28-11-10 Disposition of funds
  All funds collected pursuant to this chapter shall be deposited into the State General Fund.
• 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....
• Section 28-11-12 Advisory board
  (a) An advisory board shall be established to monitor the implementation of this chapter. The advisory board shall meet at least quarterly. Representation shall consist...
• 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...
• Section 28-11-14 Fines for unlawful possession of contraband
  Any tobacco or tobacco product or false proof of identification found in the possession of a minor is contraband and subject to seizure by law...
• Section 28-11-15 Posting of signs regarding sale to minors and proof of age requirements
  Any person who distributes tobacco or tobacco products within this state shall post conspicuously and keep so posted at each location of distribution and vending...
• 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...
• 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...
• Section 28-11-18 Child-resistant packaging; warning signs
  (a) All liquid nicotine containers offered for sale that are intended to be vaporized in an electronic nicotine delivery system shall be contained in child-resistant...
• Section 28-11-19 Limitations on location of retail businesses
  (a) Beginning January 1, 2020, a county may not issue a license to conduct business as a specialty retailer of electronic nicotine delivery systems if...

Last modified: May 3, 2021