Alabama and Alternative Nicotine Regulation

Alabama Legal Code on Vape Vending Machines

"a) No tobacco, tobacco product, alternative nicotine product, 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. Ala. Code § 28-11-6.1 (1975) Amended by Act 2021-453,§ 4, eff. 8/1/2021. Act 2009-578, p. 1697, § 2. Ala. Code § 28-11-6.1"

 

 

No electronic nicotine delivery system shall be distributed by use of vending machine unless:

  1. The vending machine is located in an area in which persons under the age of 21 are not permitted access; or
  2. The products are distributed by a device that requires the permit holder or an employee of the permit holder to control the distribution of the product. Code. Section 28-11-6.1
  3. Any person who maintains an electronic nicotine delivery system vending machine on his premises must first obtain a permit from the Board of Health for each machine at such location. Code. Section 28-11-7(b)
  • The permit is valid only for the location specified in the permit application. Code. Section 28-11-7(c)
  • The permit is not transferable or assignable and must be renewed annually. Code. Section 28-11-7(d)
  • Each vending machine vending tobacco products of any kind shall have a transparent front window, or windows, through with the Alabama revenue stamps required by Section 40-25-2 may be seen without the necessity of opening or unlocking the vending machine. Code. Section 40-12-176
  • The Board of Health is authorized to adopt procedures for the issuance and renewal of permits which combine tobacco permit procedures with procedures for licensing the sale of alcoholic beverages. Code. Section 28-11-7(e)
  • No tobacco product, except cigars, can be distributed unless in an original factory-wrapped container. Code. Section 28-11-6

 

Tobacco and Nicotine Vending Machines:

Anyone operating a vending machine in Alabama must pay an annual privilege license based on the total sales during the preceding year. Code. Section 40-12-176

  • No separate county license is required.
  • The name and address of the vending machine license owner must be conspicuously posted on each vending machine. Code. Section 40-12-176
  • Certain vending machines (including vapor products) must be registered with the local health department.  Additional city, county, and state vending license requirements may apply. 
  • Check with local county probate office or revenue commissioner’s office about any additional licensing requirements.

  Taxes and Additional Rules and Regulations

  • Vapor products currently are not subject to any excise tax.
  • Ordinary sales tax rates apply to sales of vapor products in Alabama.
  • The retail operator of the vending machine must report and pay sales tax on the operator’s total gross receipts from sales through vending machines without any deduction for commissions or rental charges paid to a person on whose property the machines are located. Code. Section 60-760
  • Sales tax permits are obtained through Alabama Department of Revenue.
  • Liquid nicotine containers must be sold in child-resistant packaging. Code. Section 28-11-18(a)

 

Legal Changes to Further Limit Access to Minors

"Act #2019-233, which went into effect in 2019, introduced major changes for retailers who advertise and/or sell alternative nicotine products, including vape devices and liquids, in the state of Alabama. These changes were geared toward limiting marketing that targets minors, as well as limiting minors' access to alternative nicotine products.

Currently:

  • The sale of alternative nicotine products to anyone under the age of 21 is prohibited.
  • The Alcohol Beverage Control Board is responsible for the regulation of e-cigarettes and vape products.
  • Advertising cannot categorize alternative nicotine products as healthy options to replace smoking.
  • Billboards advertising vaping liquid are limited to the advertisement of three flavors: tobacco, mint, or menthol.
  • Vape shops are required to have a tobacco permit.
  • Opening vape shops within 1,000 feet of a school, church, youth center, daycare center, or public library, playground or park is prohibited.

FDA Youth Tobacco Prevention Plan

FDA's Youth Tobacco Prevention Plan is a series of actions to stop youth use of tobacco products, especially e-cigarettes, with a special focus on three key areas:

  • Preventing youth access to tobacco products
  • Curbing marketing of tobacco products aimed at youth; and
  • Educating teens about the dangers of using any tobacco product, including e-cigarettes, as well as educating retailers about their key role in protecting youth" (Alabama Public Health).

 

Citation: Alabama Public Health, https://www.alabamapublichealth.gov/tobacco/ecigs.html