HB8ENGROSSED
Page 0
HB8
PS6P9RR-2
By Representative Drummond
RFD: Judiciary
First Read: 04-Feb-25
PFD: 08-Jul-24
1
2
3
4
5
6 HB8 Engrossed
Page 1
PFD: 08-Jul-24
A BILL
TO BE ENTITLED
AN ACT
Relating to the Alcoholic Beverage Control Board; to
amend Sections 28-11-2, 28-11-3, 28-11-5, 28-11-6.1,
28-11-6.2, 28-11-7, 28-11-9, 28-11-10, 28-11-12, 28-11-14,
28-11-16, 28-11-17.1, and 28-11-18, Code of Alabama 1975, and
Section 28-11-13, Code of Alabama 1975, as last amended by Act
2024-79, 2024 Regular Session, to revise the definition of
"electronic nicotine delivery system" to include battery
powered devices that deliver substances other than tobacco
through the inhalation of vapor; to further provide
restrictions on the sale of tobacco and other related products
to minors; to prohibit the distribution of tobacco, tobacco
products, electronic nicotine delivery systems, e-liquids, and
alternative nicotine products through a vending machine; to
provide license fees for the retail sale of certain tobacco
products; to further provide for the authorized penalties for
certain violations; to establish the Tobacco Licensing and
Compliance Fund in the State Treasury and provide for its
administration; to further provide for the membership of the
advisory board to the Alcoholic Beverage Control Board; to
further provide for the requirement of tobacco retailers to
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 HB8 Engrossed
Page 2
further provide for the requirement of tobacco retailers to
post signage warning of the dangers of tobacco product use; to
require the board to adopt rules; to require the State Board
of Education to establish a model vaping awareness, education,
and prevention program and require each local board of
education to adopt a policy based on the model policy; and to
repeal Sections 28-11-15 and 28-11-19, Code of Alabama 1975.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 28-11-2, 28-11-3, 28-11-5,
28-11-6.1, 28-11-6.2, 28-11-7, 28-11-9, 28-11-10, 28-11-12,
28-11-14, 28-11-16, 28-11-17.1, and 28-11-18, Code of Alabama
1975, and Section 28-11-13, Code of Alabama 1975, as last
amended by Act 2024-79, 2024 Regular Session, are amended to
read as follows:
"§28-11-2
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
nicotine product includes any Any product that consists of or
contains nicotine that can be ingested into the body by
chewing, smoking, absorbing, dissolving, inhaling, snorting,
sniffing, or by any other means. The term does not include a
tobacco product, electronic nicotine delivery system, or any
product that has been approved by the United States Food and
Drug Administration for sale as a tobacco cessation product or
for other medical purposes and that is being marketed and sold
solely for that purpose.
(2) BOARD. The Alabama Alcoholic Beverage Control
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56 HB8 Engrossed
Page 3
(2) BOARD. The Alabama Alcoholic Beverage Control
Board.
(3) CHILD-RESISTANT PACKAGING. Liquid nicotine
container packaging meeting the requirements of 15 U.S.C. §
1472a.
(4) COMMISSIONER. The Commissioner of the Department of
Revenue.
(5) DELIVERY SALE. The delivery sale of tobacco,
tobacco products, electronic nicotine delivery systems,
e-liquids, or alternative nicotine products.
(5)(6) DISTRIBUTION. To sell, barter, exchange, or give
tobacco or tobacco products for promotional purposes or for
gratis.
(6)(7) ELECTRONIC NICOTINE DELIVERY SYSTEM. Any
electronic device that uses a battery and heating element in
combination with an e-liquid or tobacco , or substitutes
thereof, to produce a vapor that delivers nicotine or other
substances to the individual inhaling from the device to
simulate smoking, and includes, but is not limited to,
products that may be offered to, purchased by, or marketed to
consumers as an electronic cigarette, electronic cigar,
electronic cigarillo, electronic pipe, electronic hookah, vape
pen, vape tool, vaping device, or any variation of these
terms. The term also includes any e-liquid intended to be
vaporized in any device included in this subdivision.
(7)(8) ELECTRONIC NICOTINE DELIVERY SYSTEM RETAILER.
Any retail business which offers for sale electronic nicotine
delivery systems.
(8)(9) E-LIQUID. A liquid that contains nicotine or
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84 HB8 Engrossed
Page 4
(8)(9) E-LIQUID. A liquid that contains nicotine or
other substances and may include flavorings or other
ingredients that are intended for use in an electronic
nicotine delivery system. The term includes e-liquid
substitutes, tobacco substitutes, and any other product that
may be used in conjunction with an electronic nicotine
delivery system, or other substances, including, but not
limited to, CBD oil.
(9)(10) E-LIQUID MANUFACTURER. Any person who
manufactures, fabricates, assembles, processes, mixes,
prepares, labels, repacks, or relabels an e-liquid to be
sealed in final packaging intended for consumer use. This term
includes an owner of a brand or formula for an e-liquid who
contracts with another person to complete the fabrication and
assembly of the product to the brand or formula owner's
standards.
(10)(11) FDA. The United States Food and Drug
Administration.
(11)(12) LIQUID NICOTINE CONTAINER. A bottle or other
container of a liquid product that is intended to be vaporized
and inhaled using an electronic nicotine delivery system. The
term does not include a container holding liquid that is
intended for use in a vapor product if the container is
pre-filledprefilled and sealed by the manufacturer and is not
intended to be opened by the consumer.
(12)(13) MINOR. Any individual under the age of 19 21
years of age.
(13)(14) PERSON. Any natural person, firm, partnership,
association, company, corporation, or other entity. Person
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112 HB8 Engrossed
Page 5
association, company, corporation, or other entity. Person
does not include a manufacturer or wholesaler of tobacco or
tobacco products nor does it include employees of the permit
holder.
(14)(15) PROOF OF IDENTIFICATION. Any one or more of
the following documents used for purposes of determining the
age of an individual purchasing, attempting to purchase, or
receiving tobacco, tobacco products, electronic nicotine
delivery systems, or alternative nicotine products:
a. A valid driver'sdriver license issued by any state
and bearing the photograph of the presenting individual.
b. United States Uniform Service Identification.
c. A valid passport.
d. A valid identification card issued by any state
agency for the purpose of identification and bearing the
photograph and date of birth of the presenting individual.
e. For legal mail order purposes only, a valid signed
certification that will verify the individual is 21 years of
age or older.
(15)(16) RESPONSIBLE VENDOR PROGRAM. A program
administered by the board to encourage and support vendors in
training employees in legal and responsible sales practices.
(16)(17) SAMPLER. Any business or person who
distributes tobacco ,or tobacco products , electronic nicotine
delivery systems, alternative nicotine products, or e-liquids
for promotional purposes.
(17)(18) SELF-SERVICE DISPLAY. A display that contains
tobacco,or tobacco products , electronic nicotine delivery
systems, alternative nicotine products, or e-liquids and is
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140 HB8 Engrossed
Page 6
systems, alternative nicotine products, or e-liquids and is
located in an area openly accessible to purchasers at retail
and from which the purchasers can readily access tobacco or
tobacco products without the assistance of the tobacco permit
holder or an employee of the permit holder. A display case
that holds tobacco or tobacco products behind locked doors
does not constitute a self-service display.
(18)(19) SPECIALTY RETAILER OF ELECTRONIC NICOTINE
DELIVERY SYSTEMS. A business establishment at which any of the
following are true:
a. The trade name includes the words vape, vapor, or
any variation of the terms which may indicate that the
business sells electronic nicotine delivery systems,
alternative nicotine products, or e-liquids.
a. The sale of electronic nicotine delivery systems
accounts for more than 35 percent of the total quarterly gross
receipts for the establishment b. The provided list of intended
inventory includes 50 percent or more of electronic nicotine
delivery systems or alternative nicotine products, or both, by
quantity, by value, or both.
c. At any time after a permit has been issued, the
inventory maintained by the business includes 50 percent or
more of electronic nicotine delivery systems or alternative
nicotine products, or both, by quantity, by value, or both.
b.d. Twenty percent or more of the public retail floor
space is allocated for the offering, displaying, or storage of
electronic nicotine delivery systems.
c.e. Twenty percent or more of the total shelf space,
including retail floor shelf space and shelf space in areas
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168 HB8 Engrossed
Page 7
including retail floor shelf space and shelf space in areas
accessible only to employees, is allocated for the offering,
displaying, or storage of electronic nicotine delivery
systems.
d.f. The retail space features a self-service display
for electronic nicotine delivery systems.
e.g. Samples of electronic nicotine delivery systems
are offered to customers.
f.h. Liquids intended to be vaporized through the use
of an electronic nicotine delivery system are may be produced
at the facility or are may be produced by the owner of the
establishment or any of its agents or employees for sale at
the establishment .
(19)(20) TOBACCO or TOBACCO PRODUCT. Any product made
or derived from tobacco that is intended for human
consumption, including any component, part, or accessory of a
tobacco product, except for raw materials other than tobacco
used in manufacturing a component, part, or accessory of a
tobacco product, but does not include an article that is a
drug under Section 201(g)(1) of the Federal Food, Drug, and
Cosmetic Act, a device under Section 201(h) of the Federal
Food, Drug, and Cosmetic Act, or a combination product
described in Section 503(g) of the Federal Food, Drug, and
Cosmetic Act.
(20)(21) TOBACCO PERMIT. A permit issued by the board
to allow the permit holder to engage in the distribution of
tobacco, tobacco products, electronic nicotine delivery
systems, e-liquids, or alternative nicotine products at the
location identified in the permit.
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196 HB8 Engrossed
Page 8
location identified in the permit.
(21)(22) TOBACCO SPECIALTY STORE. A business that
derives at least 75 percent of its revenue from tobacco or
tobacco products.
(23) TOBACCO SUBSTITUTE. Products, including electronic
nicotine cigarettes or other electronic or battery-powered
devices, which contain or are designed to deliver nicotine or
other substances into the body through the inhalation of vapor
and which have not been approved by the U.S. Food and Drug
Administration for tobacco cessation or other medical
purposes."
"§28-11-3
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 under
the age of 21 years of age. Notwithstanding the foregoing, for
purposes of inspections and enforcement actions undertaken
pursuant to this section, individuals under the age of 21
years of age may be enlisted to attempt to purchase or
purchase tobacco, tobacco products, alternative nicotine
products, e-liquids, and electronic nicotine delivery systems,
provided that individuals under the age of 18 years of age
shall have the prior written consent of a parent or legal
guardian, and provided further that the individuals shall be
directly supervised during the conduct of each inspection or
enforcement action by an enforcement agent of the board or a
law enforcement officer , or by a sheriff or head of police of
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224 HB8 Engrossed
Page 9
law enforcement officer , or by a sheriff or head of police of
any county, city, town, or other political subdivision, or by
a deputy or officer thereof. No individual under the age of 21
years may misrepresent his or her age for the purpose of
purchasing or attempting to purchase tobacco, tobacco
products, alternative nicotine products, or electronic
nicotine delivery systems. If questioned about his or her age
during an attempt to purchase or receive tobacco, tobacco
products, alternative nicotine products, or electronic
nicotine delivery systems, an individual under the age of 21
years shall state his or her true age. A photograph or video
recording of any individual under the age of 21 years
assisting in an inspection or enforcement action shall be
taken prior to the investigation. The appearance of an
individual under the age of 21 years participating in an
inspection or enforcement action shall not be altered at the
time of the inspection ."
"§28-11-5
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 nicotine
products, e-liquids, and electronic nicotine delivery systems
and nicotine prevention materials to retail tobacco merchants
and specialty retailers of electronic nicotine delivery
systems. The materials shall provide information regarding
state and federal laws that prohibit access to tobacco,
tobacco products, alternative nicotine products, e-liquids,
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252 HB8 Engrossed
Page 10
tobacco products, alternative nicotine products, e-liquids,
and electronic nicotine delivery systems by individuals under
the age of 21 years of age and other appropriate information.
The board may also provide consultation services for
establishing programs to minimize or eliminate sales of
tobacco, tobacco products, alternative nicotine products,
e-liquids, and electronic nicotine delivery systems to
individuals under the age of 21 years of age pursuant to the
responsible vendor program."
"§28-11-6.1
(a) No tobacco, tobacco product, alternative nicotine
product, e-liquid, or electronic nicotine delivery system
shall be distributed by use of a vending machine unless the
machine:
(1) Is located in an area in which individuals under
the age of 21 years are not permitted access; or
(2) Dispenses tobacco, tobacco products, alternative
nicotine products, or electronic nicotine delivery systems
through the operation of a device that requires the tobacco
permit holder or an employee of the permit holder to control
the distribution of the product.
(b) No tobacco, tobacco product, alternative nicotine
product, or electronic nicotine delivery system shall be
distributed at retail by use of a vending machine if placed
together with any non-tobacco product or non-nicotine product,
other than matches, in the machine ."
"§28-11-6.2
(a) No tobacco, tobacco product, alternative nicotine
product, e-liquid, or electronic nicotine delivery system
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
273
274
275
276
277
278
279
280 HB8 Engrossed
Page 11
product, e-liquid, or electronic nicotine delivery system
shall be distributed sold, furnished, or given away at retail
through a self-service display unless the display is a vending
machine as permitted under Section 28-11-6.1 or is located in
a tobacco specialty store or at a specialty retailer of
electronic nicotine delivery systems and is located in an area
in which individuals under 21 years of age are not permitted
access.
(b) A violation of this section shall be subject to the
penalties provided in Section 28-11-9. "
"§28-11-7
(a)(1) Any person who distributes tobacco, tobacco
products, electronic nicotine delivery systems, or alternative
nicotine products within this state shall first obtain a
permit from the board for each location of distribution. There
is no fee for the permit. Upon application, there shall be a
one-time, nonrefundable filing fee of fifty dollars ($50), in
addition to a permit fee of one hundred fifty dollars ($150),
which shall be renewed annually. The one-time filing fee shall
apply only to new applicants for a permit on or after the
effective date of the act amending this section.
(2) The fees collected under this subsection shall be
distributed as follows:
a. Seventy-five percent shall be deposited into the
Tobacco Licensing and Compliance Fund to be used for
operational costs of enforcing this chapter and tobacco and
nicotine prevention education.
b. Twenty-five percent shall be deposited into the
Public Safety Fund of the Alabama State Law Enforcement Agency
281
282
283
284
285
286
287
288
289
290
291
292
293
294
295
296
297
298
299
300
301
302
303
304
305
306
307
308 HB8 Engrossed
Page 12
Public Safety Fund of the Alabama State Law Enforcement Agency
to be used for the enforcement of this chapter.
(b) Any person who maintains No person may maintain a
tobacco, tobacco product, electronic nicotine delivery system,
e-liquid, or alternative nicotine product vending machine on
his or her property in this state shall first obtain a permit
from the board for each machine at each machine location. The
permit for each machine shall be posted in a conspicuous place
on the machine.
(c) A permit shall be valid only for the location
specified in the permit application.
(d) A permit is not transferable or assignable and
shall be renewed annually. Notwithstanding the foregoing, if If
a location for which a permit ishas been obtained is sold or
transferred, the permit , after submission of an application to
transfer and a transfer fee of fifty dollars ($50), shallmay
be transferred to the person obtaining control of the location
and shall be valid for 30 days after the transfer during which
time a new permit shall be obtained , subject to approval by
the board. The transferee shall meet any requirements,
established by the rule of the board, required for a permit
holder. The permitted transfer shall be effective for the
duration of the license year, and the transferee shall renew
the permit annually as provided in subsection (a). If a
permitted business moves to a new location within the same
governing jurisdiction, the business owner may apply for a
location transfer as provided in this subsection. No more than
one of each transfer type shall occur during a permit year.
(e) If feasible, the board by rule may adopt procedures
309
310
311
312
313
314
315
316
317
318
319
320
321
322
323
324
325
326
327
328
329
330
331
332
333
334
335
336 HB8 Engrossed
Page 13
(e) If feasible, the board by rule may adopt procedures
for the issuance and renewal of permits which combine tobacco
permit procedures with the application and licensing
procedures for alcoholic beverages."
"§28-11-9
(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 in the investigation.
(b) The board, or a hearing commission appointed by the
board, upon finding that a permit holder or any partner,
member, employee, officer, or director of the permit holder
has violated any of the laws of this state or the United
337
338
339
340
341
342
343
344
345
346
347
348
349
350
351
352
353
354
355
356
357
358
359
360
361
362
363
364 HB8 Engrossed
Page 14
has violated any of the laws of this state or the United
States relating to the manufacture, sale, possession, or
transportation of tobacco, tobacco products, electronic
nicotine delivery systems, e-liquids, or alternative nicotine
products, or that the permit holder has acted in a manner
prejudicial to the welfare, health, peace, temperance, and
safety of the people of the community or of the state, may
upon due notice and hearing, may levy administrative fines or
suspend or revoke the permit issued by the board, or a
combination of all three , as provided in subsection (e) . In
all cases where the board or hearing commission shall
levylevies an administrative fine or suspend or revoke
suspends or revokes a permit, itthe board shall set forth its
findings of fact, the evidence from which the findings of
facts are made, and the reasons upon which its actions are
based.
(c) The fines as specified in subsection (e) shall be
applicable per each violation. The permit holder or employee
shall remit the administrative fine to the board within seven
calendar days from the day that the administrative fine is
levied. Failure by the permit holder to pay the administrative
fine within that time period shall result in an automatic
suspension of the permit until the administrative fine is
paid.
(d) The maximum length of suspension of a permit
pursuant to this chapter shall be one year. A permit holder
shall be ineligible to hold a permit pursuant to this chapter
for the location where the violation occurred until the
expiration or removal of the suspension. A permit holder whose
365
366
367
368
369
370
371
372
373
374
375
376
377
378
379
380
381
382
383
384
385
386
387
388
389
390
391
392 HB8 Engrossed
Page 15
expiration or removal of the suspension. A permit holder whose
permit is revoked by the board or the hearing commission shall
be, at the discretion of the board or hearing commission,
ineligible to hold a permit pursuant to this chapter until the
expiration of one year from the date the permit is revoked at
the location where the violation occurred.
(e) The following administrative fines maypenalties
shall be levied for violations of this chapter against valid
permit holders or employees, or both :
(1) Upon conviction for For a first violation at a
location in a two-year period by the permit holder or an
employee of the permit holder , the board or hearing commission
may levy a fine against the permit holder of not more than
five hundred dollars ($500) may offer the permit holder an
opportunity to provide training sessions administered by the
Responsible Vendor Program in lieu of an administrative fine
upon the permit holder and the employee, if the violation is
by an employee, of not more than two hundred dollars ($200) .
(2) Upon conviction of For a second violation at the
same location within a two-year period, the board or hearing
commission mayshall levy an administrative fine upon the
permit holder and the employee, if the violation is by an
employee, of not more than four hundred dollars ($400) seven
hundred fifty dollars ($750) .
(3) Upon conviction of a third or subsequent violation
at the same location within a two-year period, the board or
hearing commission may levy an administrative fine upon the
permit holder and the employee, if the violation is by an
employee, of not more than seven hundred fifty dollars ($750).
393
394
395
396
397
398
399
400
401
402
403
404
405
406
407
408
409
410
411
412
413
414
415
416
417
418
419
420 HB8 Engrossed
Page 16
employee, of not more than seven hundred fifty dollars ($750).
(4) Upon conviction of (3) For a fourththird or
subsequent violation at the same location within a two-year
period, the board or hearing commission mayshall levy an
administrative fine upon the permit holder and the employee,
if the violation is by an employee, of not more than one
thousand dollars ($1,000) and may suspend or revoke the
permit.
(f) Before imposition of any administrative
finepenalty, the permit holder shall be afforded all
procedural rights to due process in addition to those rights
guaranteed by the Alabama Administrative Procedure Act,
Chapter 22 of Title 41."
"§28-11-10
The Tobacco Licensing and Compliance Fund is hereby
created in the State Treasury. The fund shall be administered
by the Licensing and Compliance Division of the board. All
fees and other funds collected by the board pursuant to this
chapter shall be deposited into the State General Fund. State
Treasury to the credit of the fund. Amounts deposited into the
fund shall be budgeted and allotted in accordance with
Sections 41-4-80 through 41-4-96 and Sections 41-19-1 through
41-19-12. Monies in the fund shall be used by the Licensing
and Compliance Division of the board for tobacco and nicotine
prevention education, operational costs associated with
regulating permitted locations, and the enforcement of this
chapter."
"§28-11-12
(a) An advisory board shall be established to monitor
421
422
423
424
425
426
427
428
429
430
431
432
433
434
435
436
437
438
439
440
441
442
443
444
445
446
447
448 HB8 Engrossed
Page 17
(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 Attorney General.
(3) The Department of Mental Health.
(4) The Department of Public Health.
(5) The Alcoholic Beverage Control Board.
(6) The Senate as appointed by the Lieutenant Governor.
(7) The House of Representatives as appointed by the
Speaker of the House of Representatives.
(8) The Alabama Oilmen's Association and the Alabama
Convenience Store Operators Petroleum & Convenience Marketers
of Alabama Association as appointed by the Governor and
selected from three nominees submitted by the association.
(9) The Alabama Retail Association as appointed by the
Governor and selected from three nominees submitted by the
association.
(10) The Alabama Grocers'Grocers Association as
appointed by the Governor and selected from three nominees
submitted by the association.
(11) The Breathe Easier Alliance of Alabama as
appointed by the Governor and selected from three nominees
submitted by the entity.
(12) The Alabama State Law Enforcement Agency.
(13) The Department of Revenue.
(14) The Alabama Chapter of the American Academy of
Pediatrics, as appointed by the entity.
449
450
451
452
453
454
455
456
457
458
459
460
461
462
463
464
465
466
467
468
469
470
471
472
473
474
475
476 HB8 Engrossed
Page 18
Pediatrics, as appointed by the entity.
(15) The executive director of Children First.
(b) The membershipappointing authorities of the
advisory board shall becoordinate their appointments to assure
membership is inclusive and reflectreflects the racial,
gender, geographic, urban/ruralurban, rural, and economic
diversity of the state.
(c) The chair of the advisory board shall be a
representative from the board who shall be responsible for the
conduct of the meetings and any correspondence derived
therefrom.
(d) Other than the legislative appointees, each
representative shall be appointed by his or her respective
department head, and shall hold the appointment for a one-year
term.
(e) A representative may be reappointed as deemed
appropriate by his or her department head, or in the case of
legislative appointees, the Lieutenant Governor or Speaker of
the House of Representatives.
(f) The advisory board may issue written
recommendations for program modification to the board."
"§28-11-13
(a)(1) It is unlawful for any individual under 21 years
of age to purchase, use, possess, or transport tobacco, a
tobacco product, an electronic nicotine delivery system or
other electronic battery-powered device capable of being used
to deliver any e-liquid, e-liquid substitute, tobacco, CBD
oil, THC oil, herbal extract, or nicotine salt, or any analog
thereof, or any other substance to the individual through the
477
478
479
480
481
482
483
484
485
486
487
488
489
490
491
492
493
494
495
496
497
498
499
500
501
502
503
504 HB8 Engrossed
Page 19
thereof, or any other substance to the individual through the
inhalation of vapor, or an alternative nicotine product within
this state.
(2) For purposes of this subsection, a violation is
committed upon mere possession of an electronic nicotine
delivery system or other electronic battery-powered device as
described in subdivision (1), irrespective of which particular
e-liquid or other substance, if any, was contained or
otherwise used in the device.
(b) It shall not be unlawful for Notwithstanding
subsection (a), an individual under 21 years of age who is an
employee of a tobacco, tobacco product, electronic nicotine
delivery system, or alternative nicotine product permit holder
tomay handle, transport, or sell tobacco, a tobacco product,
an electronic nicotine delivery system, or an alternative
tobacco product,ifprovided the employee is acting within the
line and scope of employment and the permit holder, or an
employee of the permit holder who is 21 years of age or older,
is present.
(c) It is unlawful for any individual under 21 years of
age to present or offer to another person proof of
identification that is false, fraudulent, or not actually his
or her own proof of identification in order to buy, receive,
or otherwise obtain, or attempt to buy, receive, or otherwise
obtain, any tobacco, tobacco product, electronic nicotine
delivery system, e-liquid, or alternative nicotine product.
(d)(1) Except as otherwise provided, a violation of
this chapter by an individual under 18 years of age shall
constitute a delinquent act and the individual shall be
505
506
507
508
509
510
511
512
513
514
515
516
517
518
519
520
521
522
523
524
525
526
527
528
529
530
531
532 HB8 Engrossed
Page 20
constitute a delinquent act and the individual shall be
subject to the exclusive jurisdiction of the juvenile court.
(2) Any individual 18 years of age or older but under
21 years of age who is in violation of this chapter shall be
issued a uniform nontraffic citation and, upon conviction,
shall be punished as follows and assessed no other court costs
or fees:
a. For a first violation, a written warning.
b. For a second violation, community service of eight
hours.
c. For a third or subsequent violation, community
service of 16 hours and a fine of one hundred dollars ($100).
(d)(e) If a minor is cited for any violation under this
section, the citing agency shall make reasonable efforts to
notify a parent, legal guardian, or legal custodian of the
minor unless the minor has been emancipated by court order or
operation of law.
(e)(f) Nothing in this section shall apply to devices
used to deliver medication prescribed or ordered by a
physician licensed to practice medicine in this state."
"§28-11-14
(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 the age of 21 years of age
is contraband and subject to seizure by any law enforcement
officer.
(2) Prohibited tobacco, tobacco products, electronic
nicotine delivery systems, e-liquids, and alternative nicotine
533
534
535
536
537
538
539
540
541
542
543
544
545
546
547
548
549
550
551
552
553
554
555
556
557
558
559
560 HB8 Engrossed
Page 21
nicotine delivery systems, e-liquids, and alternative nicotine
products kept, stored, or deposited in any place in this state
for the purpose of unlawful sale or unlawful disposition or
unlawful furnishing or distribution, and the vessels and
receptacles in which the products are contained are declared
to be contraband and shall be seized and forfeited to the
state and may be condemned for destruction pursuant to the
procedures set out in Article 11 of Chapter 4 concerning
alcoholic beverages.
(3) Prohibited tobacco, tobacco products, electronic
nicotine delivery systems, e-liquids, and alternative nicotine
products may be searched for, seized, and ordered to be
destroyed pursuant to the procedures set out in Article 11 of
Chapter 4 concerning alcoholic beverages.
(b) In any criminal prosecutions against a person for a
violation of this chapter, on conviction, the court may order
the destruction of any prohibited tobacco, tobacco products,
electronic nicotine delivery systems, e-liquids, and
alternative nicotine products which were: (i) sold, offered
for sale, possessed, or otherwise disposed of by the
defendant; (ii) employed by the defendant for use or
disposition at any unlawful establishment by the defendant;
(iii) possessed or used in conducting the business of a
tobacco dealer; or (iv) used as evidence in the case.
(c) All fixtures, equipment, materials, and personal
property used in substantial connection with the sale or
possession of tobacco, tobacco products, electronic nicotine
delivery systems, e-liquids, and alternative nicotine products
involved in a violation of this article shall be subject to
561
562
563
564
565
566
567
568
569
570
571
572
573
574
575
576
577
578
579
580
581
582
583
584
585
586
587
588 HB8 Engrossed
Page 22
involved in a violation of this article shall be subject to
the same seizure and forfeiture procedures as provided
pursuant to Article 11 of Chapter 4.
(d) The board shall dispose of electronic nicotine
delivery systems, e-liquids, and alternative nicotine products
seized under this chapter by destruction as provided by rule
of the board. Any person from whom an electronic nicotine
delivery system, e-liquid, or alternative nicotine product is
seized and destroyed pursuant to this section shall be subject
to a fee, to be determined based on the cost of the
destruction and disposal of the electronic nicotine delivery
system, e-liquid, or alternative nicotine product as hazardous
waste. Any individual under the age of 21 years violating
Section 28-11-13 shall be issued a citation similar to a
uniform nontraffic citation and shall be fined not less than
ten dollars ($10) nor more than fifty dollars ($50) for each
violation, and shall be assessed no other court costs or fees.
(b) Notwithstanding any other provision of law, the
disposition of any violation shall be within the jurisdiction
of the district or municipal court and not the juvenile court.
Violations shall not be considered criminal offenses and shall
be administratively adjudicated by the district or municipal
court.
(e) Nothing in this section shall apply to any
manufacturer of alternative nicotine products that were
commercially marketed in the United States before February 15,
2007."
"§28-11-16
"(a)(1) A retailer or manufacturer of electronic
589
590
591
592
593
594
595
596
597
598
599
600
601
602
603
604
605
606
607
608
609
610
611
612
613
614
615
616 HB8 Engrossed
Page 23
"(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 product.
b. As a healthier alternative to smoking.
c. As available for purchase in any variety of flavors
other than tobacco, mint, or menthol on any outdoor billboard.
d. On any outdoor billboard located within 1,000 feet
of any public or private K-12 school or public playground.
(2) Paragraphs a. and b. of subdivision (1) are not
applicable to products that have received an order from the
FDA permitting the product to be marketed as a modified risk
tobacco product, and are marketed in accordance with that
order.
(b)(1) A specialty retailer of electronic nicotine
delivery systems or manufacturer of tobacco, tobacco products,
electronic nicotine delivery systems, e-liquids, or
alternative nicotine products may not in any way sponsor,
finance, or advertise a scholarship of any kind using the
brand name of any tobacco product, alternative nicotine
product, e-liquid, or electronic nicotine delivery system.
(2) A specialty retailer of electronic nicotine
delivery systems or manufacturer of tobacco, tobacco products,
electronic nicotine delivery systems, e-liquids, or
alternative nicotine products may not use the brand name of
any tobacco product, alternative nicotine product, e-liquid,
or electronic nicotine delivery system to advertise at or
617
618
619
620
621
622
623
624
625
626
627
628
629
630
631
632
633
634
635
636
637
638
639
640
641
642
643
644 HB8 Engrossed
Page 24
or electronic nicotine delivery system to advertise at or
sponsor any event at a stadium, concert, sporting event, or
other public performance event for which individuals aged 21
years of age or older make up less than 85 percent of the
total age demographic of performing participants individuals
performing at the event .
(3) A specialty retailer of electronic nicotine
delivery systems or manufacturer of tobacco, tobacco products,
electronic nicotine delivery systems, e-liquids, or
alternative nicotine products may not advertise a tobacco
product, electronic nicotine delivery system, e-liquid, or
alternative nicotine product in a newspaper, magazine,
periodical, or other print or digital publication distributed
in this state for which less than 85 percent of the viewership
or readership of the publication is made up of individuals 21
years of age or older as measured by competent and reliable
survey evidence.
(4) No specialty retailer of electronic nicotine
delivery systems shall allow anyone under 21 years of age to
be on the permitted premises.
(c)(1) A violation of subsection (a) or subsection (b)
shall result in a one hundred dollar ($100) three hundred
dollar ($300) fine for the first occurrence.
(2) A second or subsequent violation of subsection (a)
or subsection (b) shall result in a five hundred dollar
($500)seven hundred fifty dollar ($750) fine per occurrence.
(3) Each day a violation of subsection (a) or
subsection (b) persists shall constitute a separate and
subsequent violation.
645
646
647
648
649
650
651
652
653
654
655
656
657
658
659
660
661
662
663
664
665
666
667
668
669
670
671
672 HB8 Engrossed
Page 25
subsequent violation.
(d) A retailer or manufacturer of tobacco, tobacco
products, electronic nicotine delivery systems, e-liquids, or
alternative nicotine products may not advertise, market, or
offer for sale tobacco, a tobacco product, an electronic
nicotine delivery system, an e-liquid, or an alternative
nicotine product in any of the following ways:
(1) By using, in the labeling or design of the product,
its packaging, or in its advertising or marketing materials,
the terms "candy" or "candies," any variant of these words, or
any other term referencing a type or brand of candy, including
types or brands of candy that do not include the words "candy"
or "candies" in their names or slogans.
(2) By using, in the labeling or design of the product,
its packaging, or in its advertising or marketing materials,
the terms "cake" or "cakes" or "cupcake" or "cupcakes" or
"pie" or "pies," any variant of these words, or any other term
referencing a type or brand of cake, pastry, or pie, including
types or brands of cakes, pastries, or pies that do not
include the words "cake" or "cakes" or "cupcake" or "cupcakes"
or "pie" or "pies" in their names or slogans.
(3) By using, in the labeling or design of the product,
its packaging, or in its advertising or marketing materials,
trade dress, trademarks, branding, or other related imagery
that imitates or replicates those of food brands or other
related products that are marketed to minors, including, but
not limited to, breakfast cereal, cookies, juice drinks, soft
drinks, frozen drinks, ice creams, sorbets, sherbets, and
frozen pops.
673
674
675
676
677
678
679
680
681
682
683
684
685
686
687
688
689
690
691
692
693
694
695
696
697
698
699
700 HB8 Engrossed
Page 26
frozen pops.
(4) By using, in the labeling or design of the product,
its packaging, or in its advertising or marketing materials,
trade dress, trademarks, branding, or other related imagery
that depicts or signifies characters or symbols that are known
to appeal primarily to minors, including, but not limited to,
superheroes, comic book characters, video game characters,
television show characters, movie characters, mythical
creatures, unicorns, or that otherwise incorporates related
imagery or scenery.
(e) The board may adopt rules to implement this
section, including rules regarding the suitability of labels
and procedures to reject advertising that appeals to minors,
including, but not limited to, the design of a product, its
packaging, or its advertising or marketing materials, trade
dress, trademarks, branding, or other related imagery. The
board may adopt rules to implement an appeal process to review
any labels that are denied.
(f) Any item found in violation of subsection (d) is a
prohibited item and shall be considered contraband and may be
seized as provided by Section 28-11-14 by an agent of the
board or any law enforcement officer.
(g) A specialty retailer of electronic nicotine
delivery systems may have a sign indicating the trade name of
the business. However, no additional signs, banners, or
flashing lights of any kind may be visible to the public from
outside of the business advertising that the business sells
electronic nicotine delivery systems, alternative nicotine
products, or e-liquids, including any depictions or
701
702
703
704
705
706
707
708
709
710
711
712
713
714
715
716
717
718
719
720
721
722
723
724
725
726
727
728 HB8 Engrossed
Page 27
products, or e-liquids, including any depictions or
representations of any such products. "
"§28-11-17.1
(a)(1) Beginning March 1, 2022October 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 and manufacturer of
alternative nicotine products whose products 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 certifying, under penalty of
perjury, whether the product contains any synthetic nicotine
or nicotine derived from a source other than tobacco, and that
either any of the following apply:
a. The product was on the market in the United States
as of August 8, 2016, and the manufacturer has applied for a
marketing order pursuant to 21 U.S.C. § 387j for the e-liquid,
e-liquid in combination with an electronic nicotine delivery
system, or alternative nicotine product, whichever is
applicable, by submitting a premarket tobacco product
application on or before September 9, 2020, to the FDA; and
either of the following is true:
1. The premarket tobacco product application for the
product remains under review by the FDA.
2. The FDA has issued a no marketing order for the
e-liquid, e-liquid in combination with an electronic nicotine
delivery system, or alternative nicotine product, whichever is
applicable, from the FDA; however, the agency or a federal
729
730
731
732
733
734
735
736
737
738
739
740
741
742
743
744
745
746
747
748
749
750
751
752
753
754
755
756 HB8 Engrossed
Page 28
applicable, from the FDA; however, the agency or a federal
court has issued a stay order or injunction during the
pendency of the manufacturer's appeal of the no marketing
order.
b. The manufacturer has received a marketing order or
other authorization under 21 U.S.C. § 387j for the e-liquid,
e-liquid in combination with an electronic nicotine delivery
system, or alternative nicotine product, whichever is
applicable, from the FDA.
c. For electronic nicotine delivery system and e-liquid
products containing nicotine derived from tobacco or any
other source, the product was commercially marketed in the
United States as of April 12, 2022, and the manufacturer
applied for a marketing order pursuant to 21 U.S.C. § 387j on
or before May 14, 2022.
(2) In addition to the requirements in subdivision (1),
each manufacturer shall provide :
a. A a copy of the cover page of the premarket tobacco
application with evidence of receipt of the application by the
FDA or a copy of the cover page of the marketing order or
other authorization issued pursuant to 21 U.S.C. § 387j,
whichever is applicable.
b. Information that clearly identifies each product,
submission tracking number (STN), product name, product
subcategory, characterizing flavor, and product SKU number.
(b) Any manufacturer submitting a certification
pursuant to subsection (a) shall notify the commissioner
within 30 days of any material change to the certification,
including issuance by the FDA of any of the following:
757
758
759
760
761
762
763
764
765
766
767
768
769
770
771
772
773
774
775
776
777
778
779
780
781
782
783
784 HB8 Engrossed
Page 29
including issuance by the FDA of any of the following:
(1) A market order or other authorization pursuant to
21 U.S.C. § 387j.
(2) An order requiring a manufacturer to remove a
product from the market either temporarily or permanently.
(3) Any notice of action taken by the FDA affecting the
ability of the new product to be introduced or delivered into
interstate commerce for commercial distribution.
(4) Any change in policy that results in a product no
longer being exempt from federal enforcement oversight.
(c) The commissioner shall develop and maintain a
directory listing all e-liquid manufacturers and manufacturers
of alternative nicotine products that have provided
certifications that comply with subsection (a) and all
products that are listed in those certifications.
(d) The commissioner shall do all of the following:
(1) Make the directory available for public inspection
on its website by May 1, 2022.
(2) Update the directory as necessary in order to
correct mistakes and to add or remove e-liquid manufacturers,
manufacturers of alternative nicotine products, or products
manufactured by those manufacturers consistent with the
requirements of subsections (a) and (b) on a monthly basis.
(3) Remove from the directory any product that the
board determines is a prohibited item pursuant to Section
28-11-16(d).
(3)(4) Send monthly notifications to each wholesaler,
jobber, semijobber, retailer, importer, or distributor of
tobacco products that have qualified or registered with the
785
786
787
788
789
790
791
792
793
794
795
796
797
798
799
800
801
802
803
804
805
806
807
808
809
810
811
812 HB8 Engrossed
Page 30
tobacco products that have qualified or registered with the
Department of Revenue, by electronic communication, containing
a list of all changes that have been made to the directory in
the previous month. In lieu of sending monthly notifications,
the commissioner may make the information available in a
prominent place on the Department of Revenue's public website.
(4)(e) Information required to be listed in the
directory shall not be subject to the confidentiality and
disclosure provisions in Section 40-2A-10.
(e)(f) Notwithstanding subsection (a), if an e-liquid
manufacturer or manufacturer of alternative nicotine products
can demonstrate to the commissioner that the FDA has issued a
rule, guidance, or any other formal statement that temporarily
exempts a product from the federal premarket tobacco
application requirements, the product may be added to the
directory upon request by the manufacturer if the manufacturer
provides sufficient evidence that the product is compliant
with the federal rule, guidance, or other formal statement, as
applicable.
(f)(g) Each certifying e-liquid manufacturer and
manufacturer of alternative nicotine products shall pay an
initial fee of two thousand dollars ($2,000) to offset the
costs incurred by the department for processing the
certifications and operating the directory. The commissioner
shall collect an annual renewal fee of five hundred dollars
($500) to offset the costs associated with maintaining the
directory and satisfying the requirements of this section. The
fees received under this section by the department shall be
used by the department exclusively for processing the
813
814
815
816
817
818
819
820
821
822
823
824
825
826
827
828
829
830
831
832
833
834
835
836
837
838
839
840 HB8 Engrossed
Page 31
used by the department exclusively for processing the
certifications and operating and maintaining the directory.
After the payment of these expenses, two-thirdsone-half of the
remaining funds shall be deposited into the State General
Fund, and the remaining one-thirdone-half shall be distributed
evenly to the Alabama State Law Enforcement Agency and to the
Licensing and Compliance Division of the board to be used for
the enforcement of this chapter .
(g)(h) Beginning on September 1, 2021, no e-liquid,
e-liquid in combination with an electronic nicotine delivery
system, or alternative nicotine product that, in the case of
any such product, contains synthetic nicotine or nicotine
derived from a source other than tobacco may be sold or
otherwise distributed in this state without either first
certifying that a premarket tobacco product application was
successfully submitted to the FDA and accepted for filing by
May 14, 2022, in accordance with the applicable requirements
under Section 201(rr) of the Federal Food, Drug, and Cosmetic
Act, or obtaining approval from the FDA for sale as a drug
under Section 201(g)(1) of the Federal Food, Drug, and
Cosmetic Act, a device under Section 201(h) of the Federal
Food, Drug, and Cosmetic Act, a combination product described
in Section 503(g) of the Federal Food, Drug, and Cosmetic Act,
or some other medical purpose.
(h)(i)(1) Beginning May 1, 2022, or on the date that
the Department of Revenue first makes the directory available
for public inspection on its website as provided in subsection
(d), whichever is later, an An e-liquid manufacturer or
manufacturer of alternative nicotine products or electronic
841
842
843
844
845
846
847
848
849
850
851
852
853
854
855
856
857
858
859
860
861
862
863
864
865
866
867
868 HB8 Engrossed
Page 32
manufacturer of alternative nicotine products or electronic
nicotine delivery systems who offers for salesells, furnishes,
or gives away a product not listed on the directory is subject
to a one thousand dollars ($1,000) daily fine for each product
offered for sale in violation of this section until the
offending product is removed from the market or until the
offending product is properly listed on the directory. For
purposes of this subdivision "sale" includes a delivery sale
of e-liquids or electronic nicotine delivery systems or
alternative nicotine products, as defined under this chapter.
(2) Any other violation of this section shall result in
a fine of five hundred dollars ($500) per offense.
(j)(1) When any retail permit holder offers for sale a
product not listed on the directory, the board shall assess
the following administrative penalties:
a. For a first offense within a four-year period, an
administrative penalty of five hundred dollars ($500).
b. For a second offense within a four-year period, an
administrative penalty of seven hundred fifty dollars ($750).
c. For a third or subsequent offense within a four-year
period, an administrative penalty of one thousand dollars
($1,000). In addition, the board may suspend or revoke the
permit of the permit holder.
(2) All products offered for sale and not listed on the
directory shall be considered a prohibited item and declared
to be contraband and may be seized and forfeited as provided
in Section 28-11-14 by agents of the board or any law
enforcement officer.
(k) Any fine collected for a violation of this section
869
870
871
872
873
874
875
876
877
878
879
880
881
882
883
884
885
886
887
888
889
890
891
892
893
894
895
896 HB8 Engrossed
Page 33
(k) Any fine collected for a violation of this section
shall be deposited into the Education Trust Fund to the credit
of the State Board of Education to be used for the
establishment and administration of vape awareness, education,
and prevention programs and the provision of drug education
and prevention curriculum, as provided in Section 2 of the act
amending this section.
(i)(l) The commissionerAlcoholic Beverage Control Board
and the Commissioner of Revenue shall adopt rules for the
implementation and enforcement of this section.
(m) Nothing in this section shall apply to any
manufacturer of alternative nicotine products that were
commercially marketed in the United States before February 15,
2007."
"§28-11-18
(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 specialty retailer of tobacco, tobacco products,
alternative nicotine products, e-liquids, or electronic
nicotine delivery systems shall display in a prominent area of
the retail store near the point of sale , an 8 1/2 x 11 inch a
sign or signs containing which contains the following
statements:
(1) "ALABAMA LAW STRICTLY PROHIBITS THE PURCHASE OF
TOBACCO, TOBACCO PRODUCTS, ALTERNATIVE NICOTINE PRODUCTS ,
E-LIQUIDS, AND ELECTRONIC NICOTINE DELIVERY SYSTEMS BY PERSONS
UNDER THE AGE OF 21 YEARS OF AGE. PROOF OF AGE IS REQUIRED. "
897
898
899
900
901
902
903
904
905
906
907
908
909
910
911
912
913
914
915
916
917
918
919
920
921
922
923
924 HB8 Engrossed
Page 34
UNDER THE AGE OF 21 YEARS OF AGE. PROOF OF AGE IS REQUIRED. "
(2) "THE USE OF SOME VAPING DEVICES MAY INCREASE YOUR
RISK OF EXPOSURE TO POTENTIALLY TOXIC LEVELS OF HEAVY METALS
SUCH AS LEAD, CHROMIUM, AND NICKEL."
(3)(2) "WARNING: TOBACCO, TOBACCO PRODUCTS, ALTERNATIVE
NICOTINE PRODUCTS, E-LIQUIDS, ELECTRONIC NICOTINE DELIVERY
SYSTEMS, AND VAPING PRODUCTS OFFERED FOR SALE IN THIS STORE
CONTAIN NICOTINE UNLESS OTHERWISE MARKED. NICOTINE IS A HIGHLY
ADDICTIVE CHEMICAL WHICH CAN HARM BRAIN DEVELOPMENT IN
CHILDREN AND ADOLESCENTS AND WHICH POSES SERIOUS HEALTH RISKS
TO PREGNANT WOMEN AND THEIR BABIES.
(c) In addition to the requirements of subsection (b),
a retailer of alternative nicotine products, e-liquids, or
electronic nicotine delivery systems shall include the
following statement on the required posted sign:
"THE USE OF SOME VAPING DEVICES MAY INCREASE YOUR RISK
OF EXPOSURE TO POTENTIALLY TOXIC LEVELS OF HEAVY METALS SUCH
AS LEAD, CHROMIUM, AND NICKEL."
(d) Posted signs required by this section, at a
minimum, must accurately list the type of products sold at the
retail establishment. If a retailer does not sell all of the
product types listed in the statements described in
subsections (b) or (c), the retailer may amend the products
listed on the sign to accurately reflect the type of products
sold."
Section 2. (a) By July 1, 2025, the State Board of
Education shall adopt a model policy for the establishment of
a vape awareness, education, and prevention program to
prohibit the possession and use of prohibited tobacco, tobacco
925
926
927
928
929
930
931
932
933
934
935
936
937
938
939
940
941
942
943
944
945
946
947
948
949
950
951
952 HB8 Engrossed
Page 35
prohibit the possession and use of prohibited tobacco, tobacco
products, electronic nicotine delivery systems, e-liquids, and
alternative nicotine products by students in K-12 schools.
(b) By September 1, 2025, each local board of education
shall adopt a policy that, at a minimum, contains the criteria
established in the model policy adopted by the State Board of
Education.
(c) The model policy adopted by the State Board of
Education, at a minimum, shall contain all of the following:
(1) A statement prohibiting the possession or use of
tobacco, tobacco products, electronic nicotine delivery
systems, e-liquids, and alternative nicotine product, as those
terms are defined under Section 28-11-2, Code of Alabama 1975,
by any student at a K-12 school, on a school bus, or at any
school-sponsored function.
(2) A series of graduated consequences for any student
who violates this policy by possessing or using tobacco,
tobacco products, electronic nicotine delivery systems,
e-liquids, or alternative nicotine products as prohibited by
this section. Graduated consequences may include, but are not
limited to, in-school suspension, out-of-school suspension, or
alternative school, or any combination thereof, and shall
conform with applicable disability, antidiscrimination, and
education laws and school discipline policies.
(3)a. A requirement that any student in violation of
the prohibition against possession or use of tobacco, tobacco
products, electronic nicotine delivery systems, e-liquids, or
alternative nicotine products be required to attend and
complete a vaping awareness, education, and prevention class
953
954
955
956
957
958
959
960
961
962
963
964
965
966
967
968
969
970
971
972
973
974
975
976
977
978
979
980 HB8 Engrossed
Page 36
complete a vaping awareness, education, and prevention class
based on curriculum established by the Drug Education Council
and approved by the State Board of Education.
b. An additional requirement that on a second or
subsequent violation, the student must attend and complete the
vaping awareness, education, and prevention class with his or
her parent or legal guardian.
(4) A model complaint form and procedure for reporting
violations of this section. An anonymous report may not be the
basis of imposing formal disciplinary action against a
student.
(5) A procedure for the prompt investigation of reports
of serious violations and complaints, specifying that the
principal, assistant principal, or school resource officer is
the individual responsible for the investigation.
(6) A response procedure for a school to follow upon
confirmation of the possession or use of tobacco, tobacco
products, electronic nicotine delivery systems, e-liquids, or
alternative nicotine products as prohibited by this section.
(7) A procedure for publicizing local school board
policy through publication in the student handbook, including
providing notice that the policy applies to behavior occurring
on school property, school buses, and at school-sponsored
functions.
(8) A statement prohibiting the use of tobacco, tobacco
products, electronic nicotine delivery systems, e-liquids, and
alternative nicotine products, as those terms are defined
under Section 28-11-2, Code of Alabama 1975, by any teacher,
administrator, or other school employee on the campus of any
981
982
983
984
985
986
987
988
989
990
991
992
993
994
995
996
997
998
999
1000
1001
1002
1003
1004
1005
1006
1007
1008 HB8 Engrossed
Page 37
administrator, or other school employee on the campus of any
K-12 school.
(c) The policy adopted by each local board of education
shall be included in the code of conduct policy of the local
board of education and included in the student handbook.
Section 3. The Alcoholic Beverage Control Board shall
adopt rules to implement and administer Chapter 11 of Title
28, Code of Alabama 1975.
Section 4. Section 28-11-15, Code of Alabama 1975,
relating to the posting of signs regarding the sale of tobacco
and tobacco products, is repealed.
Section 5. Section 28-11-19, Code of Alabama, 1975,
relating to limitation on locations of specialty retailers of
electronic nicotine delivery systems, is repealed.
Section 6. Although this bill would have as its purpose
or effect the requirement of a new or increased expenditure of
local funds, the bill is excluded from further requirements
and application under Section 111.05 of the Constitution of
Alabama of 2022, because the bill defines a new crime or
amends the definition of an existing crime.
Section 7. This act shall become effective June 1,
2025.
1009
1010
1011
1012
1013
1014
1015
1016
1017
1018
1019
1020
1021
1022
1023
1024
1025
1026
1027
1028
1029 HB8 Engrossed
Page 38
2025.
House of Representatives
Read for the first time and referred
to the House of Representatives
committee on Judiciary
................04-Feb-25
Read for the second time and placed
on the calendar:
2 amendments
................09-Apr-25
Read for the third time and passed
as amended
................15-Apr-25
Yeas 89
Nays 9
Abs 1
John Treadwell
Clerk
1030
1031
1032
1033
1034
1035
1036
1037
1038
1039
1040
1041
1042
1043
1044
1045
1046
1047
1048
1049