The Alabama Legislature

This act substantially amends Chapter 11 of Title 28, Code of Alabama 1975, to: (1) impose a $150 fee to obtain a retail permit to sell tobacco, tobacco products, and non-vapor based alternative nicotine products, which permit also authorizes the permitholder to sell certain FDA-approved electronic nicotine delivery systems and e-liquids; (2) increase the fines and administrative penalties for retailers who violate the sale, advertising, and permitting requirements; (3) further provide for the ABC Board’s authority to seize and dispose of prohibited tobacco and ENDS products; (4) establish the Vaping Licensing and Enforcement Fund for the deposit of all fees and funds collected by the ABC Board, which will be distributed for enforcement and drug education; (5) revise the signage standards for retailers of ENDS products; and (6) allow the manufacturer of an ENDS product containing nicotine derived from a source other than tobacco who applied for an FDA marketing order by May 14, 2022, to be added to the ENDS Directory maintained by the Department of Revenue for retail sale in the state. This act also adds Section 28-11-7.1 and 28-11-7.2 to the Code of Alabama 1975, to: (1) provide that, except for FDA-approved ENDS products, all ENDS products otherwise authorized for sale in the state must be sold by a permitted specialty retailer of ENDS products, subject to an annual $1,000 permit fee; (2) require patrons to be 21 or older to enter the retail establishment of a specialty retailer of ENDS products and require permittees to implement a third-party age verification system; and (3) provide that in order for an ENDS product to be added to the ENDS Directory, it must be manufactured in the United States or have received a marketing order by the FDA. The act also: (1) requires the State Board of Education, by September 1, 2025, to adopt a model policy, which must be adopted by each local board, for the establishment of a vape awareness, education, and prevention program to prohibit the possession and use of tobacco and ENDS products in public K-12 schools; (2) requires the model policy to include a graduated series of consequences for violations; and (3) requires the State Department of Education, in coordination with the Drug Education Council and subject to approval by the state board, to establish a vaping awareness, education, and prevention class. This act also repeals Sections 28-11-15 and 28-11-19, Code of Alabama 1975, relating to the sale of tobacco products and electronic nicotine delivery systems.