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HB273 Alabama 2021 Session

Updated Jun 28, 2021
HB273 Alabama 2021 Session
House Bill
Enacted
Current Status
Regular Session 2021
Session
6
Sponsors

Summary

Session
Regular Session 2021
Title
Nicotine, raise the age to buy, possess, or use nicotine products to 21, impose restrictions on marketing of certain nicotine products, Secs. 28-11-17.1, 28-11-20, 28-11-21 added; Secs. 13A-12-3, 13A-12-3.1, 28-11-1, 28-11-2, 28-11-3, 28-11-4, 28-11-5, 28-11-6.1, 28-11-6.2, 28-11-11, 28-11-13, 28-11-14, 28-11-15, 28-11-16, 28-11-18 am'd.
Description

Under existing law, an individual under the age of 19 may not purchase, possess, or transport tobacco products, electronic nicotine delivery systems, or alternative nicotine products.

Existing law also places restrictions on the advertisement and marketing of electronic nicotine delivery systems and alternative nicotine products.

This bill would raise the minimum age for legal possession, transportation, and purchase of tobacco products, electronic nicotine delivery systems, and alternative nicotine products from 19 to 21.

This bill would prohibit the advertisement or promotion of tobacco products, electronic nicotine delivery systems, or alternative nicotine products in certain circumstances.

This bill would prohibit manufacturers or retailers of tobacco products, electronic nicotine delivery systems, or alternative nicotine products from marketing, advertising, or offering for sale tobacco, tobacco products, electronic nicotine delivery systems, or alternative nicotine products by: using branding or imagery that depicts, signifies, or denotes flavoring resembling or replicating the taste of candies, cakes, or other sugary treats, as well as other food and drink products that are primarily marketed to children; or using branding or imagery that depicts, signifies, or denotes characters, symbols, or scenery from comic books, movies, video games, television shows that are known to be marketed primarily toward children, or that otherwise incorporate mythical concepts or creatures known to be used primarily in products that are marketed toward children.

This bill would require specialty retailers of electronic nicotine delivery systems to place signs in a prominent area near the point of sale containing statements that Alabama law prohibits the sale of electronic nicotine delivery systems to persons under the age of 21, that they have the potential to transfer harmful heavy metals into the body during use, and that they contain nicotine unless otherwise marked.

This bill would prohibit the sale of alternative nicotine products or electronic nicotine delivery systems in vending machines unless entry to the facility is restricted to persons 21 years of age and older.

This bill would require manufacturers of e-liquids and alternative nicotine products to make certain representations to the Commissioner of the Department of Revenue regarding those products.

This bill would require the Commissioner of the Department of Revenue to maintain a directory listing manufacturers of e-liquids and alternative nicotine products that have sufficiently made representations as required by this bill.

This bill would provide authority to the Commissioner of the Department of Revenue to take additional actions in conformity with its provisions.

This bill would require the Department of Mental Health to ensure that this state is in compliance with and satisfies all reporting and enforcement obligations of the United States Department of Health and Human Services including annually preparing and submitting to the Secretary of Health and Human Services a report describing, among other things, efforts taken to ensure that tobacco products, electronic nicotine delivery systems, and alternative nicotine products are not sold to individuals under the age of 21.

This bill would also authorize the imposition of civil penalties for violations.

Subjects
Nicotine

Bill Text

Votes

HBIR: Drummond motion to Adopt Roll Call 557

March 30, 2021 House Passed
Yes 81
No 12
Abstained 3
Absent 7

Motion to Adopt Roll Call 558

March 30, 2021 House Passed
Yes 79
No 11
Abstained 5
Absent 8

Motion to Adopt Roll Call 559

March 30, 2021 House Passed
Yes 89
Abstained 6
Absent 8

Drummond motion to Table Roll Call 560

March 30, 2021 House Failed
Yes 32
No 58
Abstained 2
Absent 11

Motion to Adopt Roll Call 561

March 30, 2021 House Failed
Yes 34
No 50
Abstained 6
Absent 13

Motion to Read a Third Time and Pass Roll Call 562

March 30, 2021 House Passed
Yes 74
No 18
Abstained 2
Absent 9

SBIR: Gudger motion to Adopt Roll Call 1315

May 4, 2021 Senate Passed
Yes 31
Absent 3

Motion to Read a Third Time and Pass Roll Call 1317

May 4, 2021 Senate Passed
Yes 24
No 3
Absent 7

Drummond motion to Concur In and Adopt Roll Call 1125

May 6, 2021 House Passed
Yes 58
No 25
Abstained 12
Absent 8

Documents

Source: Alabama Legislature