HB273 Alabama 2021 Session

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

Relating to tobacco products and electronic nicotine delivery systems and products; to amend Sections 13A-12-3, 13A-12-3.1, 28-11-2, 28-11-4, 28-11-11, and 28-11-13, as last amended by Act 2019-233, 2019 Regular Session, and Sections 28-11-1, 28-11-3, 28-11-5, 28-11-6.1, 28-11-6.2, 28-11-14, 28-11-15, 28-11-16, and 28-11-18, Code of Alabama 1975; and to add Sections 28-11-17.1 and 28-11-20 to the Code of Alabama 1975; to raise the minimum age for legal possession, transportation, and purchase of tobacco products, electronic nicotine delivery systems, and alternative nicotine products; to prohibit the advertisement of tobacco products, electronic nicotine delivery systems, or alternative nicotine products in certain print or electronic media; to prohibit manufacturers or retailers of tobacco products, electronic nicotine delivery systems, or alternative nicotine products from sponsoring, financing, or advertising under certain conditions and at certain locations; to require retailers offering electronic nicotine delivery systems for sale to place signs in a prominent area near the point of sale containing certain statements; to prohibit the sale of alternative nicotine products or electronic nicotine delivery systems in vending machines unless entry to the facility is restricted to certain individuals; require manufacturers of e-liquids and alternative nicotine products to make certain representations to the Commissioner of the Department of Revenue regarding those products; to 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 certain representations; to provide authority to the Commissioner of the Department of Revenue to take additional actions in conformity with its provisions; to require the Department of Mental Health to ensure compliance with certain federal laws; and to authorize civil penalties for violations.