HB41 Alabama 2019 Session

Summary

Primary Sponsor

Shane StringerRepresentative

Republican

Session

Regular Session 2019

Title

Alternative nicotine products, regulate advertising, retail sale, retail store inspection, permits, Secs. 28-11-16, 28-11-17, 28-11-18, 28-11-19, 28-11-20 added; Secs. 28-11-2, 28-11-4, 28-11-7, 28-11-8, 28-11-9, 28-11-11, 13A-12-3, 13A-12-3.1 am'd.

Summary

HB 41 creates the Stringer-Drummond Vaping Act to regulate alternative nicotine products and electronic nicotine delivery systems in Alabama, including sales rules, advertising limits, and age protections.

What This Bill Does

It would give the Alabama Alcoholic Beverage Control Board authority to regulate retail sales of alternative nicotine products and electronic nicotine delivery systems, including issuing and renewing permits for stores and vending machines. It would restrict how and where these products can be advertised, especially near schools, and prohibit certain specialty retailers from opening new locations close to schools, churches, child-care centers, and similar places. It would bar advertising these products as tobacco cessation aids or as healthier alternatives to smoking, and limit flavors to tobacco, mint, or menthol. It would require retailers to post warnings, comply with FDA retail rules, verify customers’ ages, and prohibit sales to minors, with penalties for violations; it also adds rules for delivery sales, including permits and age checks.

Who It Affects

• Retailers and manufacturers of alternative nicotine products and electronic nicotine delivery systems: must obtain permits, follow FDA retail rules, and face fines, suspension, or revocation for violations.
• Minors and their parents/guardians: minors are prohibited from buying or receiving these products, with age verification requirements and parental notification in certain enforcement scenarios.

Key Provisions

• Defines key terms such as alternative nicotine product and electronic nicotine delivery system and assigns regulatory authority to the Alabama Alcoholic Beverage Control Board.
• Adds new sections prohibiting certain advertising near schools and outdoor advertising within 1,000 feet of K-12 schools, with fines for violations.
• Prohibits opening new specialty retailers of electronic nicotine delivery systems near schools, churches, child-care facilities, and similar locations.
• Requires retailers to obtain a tobacco permit, comply with FDA rules for retail sale, post warning signs, and prohibits sales to minors.
• Imposes permit requirements for distributors and vending machines, with renewal rules and penalties for non-compliance.
• Establishes enforcement mechanisms including suspension or revocation of permits, fines per violation, and a Responsible Vendor Program for training.
• Creates delivery sale restrictions: permits required for delivery sales, age verification via third-party databases, and purchaser name payment requirements.
• Requires annual reporting by the board on compliance, citations, and efforts to prevent sales to minors.
• Effective date: law takes effect on the first day of the third month after passage.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Alternative Nicotine Products