Title 28 — Title 28

This chapter may be cited as the “Alabama Responsible Vendor Act.” History: (Acts 1990, No. 90-525, p. 767, §1.)

It is the intent of the Legislature through the provisions of this chapter: (1) To eliminate the sale of alcoholic beverages to, and consumption of alcoholic beverages by underaged persons; (2) To reduce intoxication and to reduce accidents, injuries, and deaths in the state whic…

The following terms shall have the following meanings unless the context clearly indicates otherwise: (1) BOARD. The Alcoholic Beverage Control Board of the State of Alabama. (2) VENDOR. A person who is licensed by the board to sell alcoholic beverages for on-the-premises consump…

The Alcoholic Beverage Control Board (the board) shall establish or cause to be established a responsible vendors program designed to encourage vendors and their employees and customers to treat alcoholic beverages in a responsible manner. The program must include, without limita…

Regulations; Enforcement Personnel. (a) A vendor who seeks to qualify as a responsible vendor must provide to the board, pursuant to procedures adopted by the board, evidence of compliance with the requirements of this chapter. Upon satisfactory proof that the vendor has complied…

In order to qualify for certification, the vendor shall comply with the following requirements: (1) Provide a course of instruction for its employees approved by the board which shall include subjects dealing with alcoholic beverages as follows: a. Laws regarding the sale of alco…

Mitigation of Administrative Penalties or Fines. (a) The license of a vendor certified as a responsible vendor under this chapter may not be suspended or revoked for an employee’s illegal sale of an alcoholic beverage to a person who is not of lawful drinking age if the employee …

There is hereby imposed on each licensee of the board who is licensed and applies for certification as a responsible vendor for the sale of alcoholic beverages for on- the-premises consumption and/or off-the-premises consumption a fee of $35.00 payable upon the issuance or renewa…

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…

(a) The purpose of this chapter is to protect the health and safety of Alabama residents from consumable products, often marketed toward children, that purportedly contain hemp-derived compounds. Many of these products have not been tested nor do they meet quality and safety stan…

As used in this chapter, the following terms have the following meanings: (1) BATCH. A specific quantity of a specific product containing cannabinoids which: (i) is manufactured at the same time and using the same methods, equipment, and ingredients that are uniform and intended …

(a) On and after January 1, 2026, no consumable hemp product may be distributed into or within the state, nor offered for sale or sold at retail within the state, unless the product: (1) Has a corresponding certificate of analysis described in Section 28-12-22 issued by an indepe…

In order to protect the health, safety, and welfare of the residents of this state from dangerous foreign products, an independent testing laboratory must meet all of the following requirements: (1) Is accredited by a third-party accrediting body as a competent testing laboratory…

(a) The protocols for testing a consumable hemp product by an independent testing laboratory shall include the following, as well as a determination of corresponding tolerance limits: (1) Cannabinoid content and potency, including, but not limited to, all of the following: a. Tot…

(a)(1) For a beverage or any edible product, one serving size of a consumable hemp product may not contain more than 10 milligrams of total THC. (2) For any topical, sublingual, or other consumable hemp product not addressed in subdivision (1), one container of a consumable hemp …

The packaging of consumable hemp products: (1) May not bear the likeness or contain cartoon-like characteristics of a real or fictional person, animal, or fruit that appeals to children; (2) May not be modeled after a brand of products primarily consumed by or marketed to childre…

Each container of a consumable hemp product must be labeled to include, at a minimum: (1) A list of all ingredients in descending order of predominance; (2) A scannable barcode or quick response code linked to the certificate of analysis; (3) The manufacture date and expiration d…

Contraband. (a) Effective January 1, 2026, consumable hemp products distributed into or within the state and offered for sale and sold to consumers in this state shall be governed by this chapter. The Alcoholic Beverage Control Board shall administer and enforce this chapter and …

(a) The Consumable Hemp Product Compliance Fund is created within the State Treasury and shall be administered by the board. All filing fees, annual license fees, and label approval fees collected under this chapter shall be deposited into the fund. Amounts deposited into the fun…

(a) Effective January 1, 2026, consumable hemp products may only be sold in this state by retailers licensed by the board in accordance with this article to adults 21 years of age or older. (b) The board may not issue a license under this article unless the local governing body o…

(a) A retailer license shall be renewed annually upon the filing of an application and payment of the applicable license fee. A licensee must file a renewal application, as prescribed by the board, by rule, by August 1 annually. (b) A license may be renewed without penalty during…

The board may suspend or revoke a license in accordance with Section 28-3A-24 or 28-3A-26; provided, however, the board may suspend a license without a hearing in situations of imminent danger to the public or for purposes of protecting the public welfare, peace, safety, and heal…

(a) A licensee shall keep and preserve all records, including invoices, canceled checks, and other documentation relating to the purchase, sale, exchange, or receipt of all consumable hemp products for a period of three years. This includes the applicable certificates of analysis…

(a) Effective January 1, 2026, any person who sells, attempts to sell, furnishes, provides, or gives away a consumable hemp product without a license shall be subject to the following penalties: (1) For a first offense, the board shall levy a civil penalty of five thousand dollar…