Title 28 — Title 28

It is the intent of the Legislature to prohibit access to tobacco, tobacco products, alternative nicotine products, and electronic nicotine delivery systems to individuals under the age of 21 years and prevent all of the following: (1) The possibility of addiction to tobacco, tob…

The Vaping Licensing and Enforcement Fund is created in the State Treasury. All fees and other monies collected pursuant to this chapter shall be deposited into the State Treasury to the credit of the fund. Amounts deposited into the fund shall be budgeted and allotted in accorda…

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 prod…

(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 of one representative from each of the following: (1) The Office of the Governor. (2) The Office of the Attorne…

Transporting, Etc., Tobacco, Electronic Nicotine Delivery System, Etc.; Exceptions; Violations. (a)(1) It is unlawful for any individual under 21 years of age to purchase, use, possess, or transport tobacco, a tobacco product, alternative nicotine product, e- liquid, tobacco subs…

(a)(1) Any tobacco, tobacco product, alternative nicotine product, e-liquid, electronic nicotine delivery system, or false proof of identification found in the possession of an individual under 21 years of age is contraband and subject to seizure by any law enforcement officer. (…

Years and Proof of Age Requirements. (Repealed by Act 2025-403) THIS SECTION WAS REPEALED BY ACT 2025-403, EFFECTIVE JUNE 1, 2025. History: (Acts 1997, No. 97-423, p. 721, §15; Act 2009-578, p. 1697, §1; Act 2021- 453, §6; Act 2025-403, §5.)

(a)(1) A retailer or manufacturer of electronic nicotine delivery systems, e-liquids, or alternative nicotine products may not advertise an electronic nicotine delivery system, e-liquid, or an alternative nicotine product in any of the following ways: a. As a tobacco cessation pr…

(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 misdem…

Manufacturers of Alternative Nicotine Products; Directory; Violations; Penalties. (a)(1) Beginning October 1, 2025, or other date not more than 30 days following a premarket tobacco application submission deadline issued by the FDA, whichever is later, every e-liquid manufacturer…

(a)(1) The Legislature finds and declares the following: a. Electronic nicotine delivery systems, commonly called electronic cigarettes or e- cigarettes, or simply “vapes,” are battery-powered devices that use a heating mechanism to vaporize a mixture containing nicotine or other…

(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 packaging. (b) A retailer of tobacco, tobacco products, alternative nicotine products, e-liquids, or electronic ni…

403) THIS SECTION WAS REPEALED BY ACT 2025-403, EFFECTIVE JUNE 1, 2025. History: (Act 2019-233, §3; Act 2025-403, §6.)

For purposes of this chapter, the following terms have the following meanings unless the context clearly indicates otherwise: (1) ALTERNATIVE NICOTINE PRODUCT. Any product that consists of or contains nicotine that can be ingested into the body by chewing, smoking, absorbing, dis…

Reinstatement of Permit; Rulemaking Authority. (a)(1) No manufacturer or distributor shall sell, offer to sell, or deliver any tobacco, tobacco products, electronic nicotine delivery systems, or alternative nicotine products to any retailer in this state for any consideration oth…

Grant Monies. (a) The Department of Mental Health shall be responsible for ensuring that the state is in compliance with and satisfies all reporting and enforcement obligations of the United States Department of Health and Human Services (HHS) pursuant to 42 U.S.C. § 300x-26, as …

The Alcoholic Beverage Control Board shall adopt rules to implement and administer this chapter. History: (Act 2025-403, §4.)

The board, in conjunction with federal, state, and local law enforcement agencies, shall enforce state and federal laws that prohibit the distribution of tobacco, tobacco products, alternative nicotine products, e-liquids, and electronic nicotine delivery systems to individuals u…

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 …

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 enforce this chapter and to provide and distribute prevention materials related to tobacco, tobacco products, alternative…

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 cigarettes and packages containing less than 20 cigarettes. History: (Acts 1997, No. 97-423, p. 721, §6.…

No tobacco, tobacco product, alternative nicotine product, e-liquid, or electronic nicotine delivery system shall be distributed by use of a vending machine. History: (Act 2009-578, p. 1697, §2; Act 2021-453, §4; Act 2025-403; §1.)

(a) No tobacco, tobacco product, alternative nicotine product, or electronic nicotine delivery system shall be sold, offered for sale, furnished, or given away at retail through a self-service display unless the display is located in a tobacco specialty store or at a specialty re…

(a) Any person who distributes tobacco, tobacco products, or non-vapor based alternative nicotine products within this state shall first obtain a permit from the board for each location of distribution. Upon application, there shall be a one-time, nonrefundable filing fee of fift…

Application and Requirements; Sales Limitations; Age Restrictions on Premises. (a) A person desiring to operate as a specialty retailer of electronic nicotine delivery systems shall apply for a permit from the board. The board, by rule, shall establish requirements for the 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…

(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 th…