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AL HB319
Bill
Status
5/16/2023
Primary Sponsor
Barbara Drummond
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AI Summary
HB319 Summary
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Raises the legal age to purchase tobacco, e-liquids, electronic nicotine delivery systems, and alternative nicotine products from 19 to 21 years old, with enforcement by the Alcoholic Beverage Control Board.
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Prohibits distribution of tobacco products and vaping devices through vending machines and self-service displays (except in specialty retailers and tobacco specialty stores restricted to adults).
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Establishes the Tobacco Licensing and Compliance Fund, funded by permit fees ($50 one-time filing fee and $150 annual permit fee), with 75% for enforcement and prevention education and 25% for law enforcement.
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Requires e-liquid and alternative nicotine product manufacturers to certify compliance with FDA regulations; prohibits marketing practices targeting minors (candy-themed products, cartoon characters); imposes fines for violations.
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Mandates State Board of Education adopt a model vaping prevention policy by July 1, 2023, requiring local schools to implement discipline policies including vaping awareness classes for student violations by September 1, 2023.
Legislative Description
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, 28-11-13, 28-11-14, 28-11-16, 28-11-17.1, 28-11-18, 28-11-19, Code of Alabama 1975, to revise the definition of "electronic nicotine delivery system" to include delivery of substances other than tobacco; to further provide for 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 Beverages Control Board; to 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; to repeal Section 28-11-15, Code of Alabama 1975, and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Section 111.05 of the Constitution of Alabama of 2022.
Last Action
Carry Over to the Call of the Chair
6/1/2023