HB319 Alabama 2023 Session

Summary

Primary Sponsor

Barbara DrummondRepresentative

Democrat

Session

Regular Session 2023

Title

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.

Summary

HB319 overhauls Alabama's tobacco and nicotine laws by redefining ENDS, expanding protections for minors, creating a Tobacco Licensing and Compliance Fund, and tightening licensing, penalties, and advertising rules for retailers and manufacturers.

What This Bill Does

It redefines electronic nicotine delivery systems to include non-tobacco substances, expands enforcement against sales to those under 21, and bans vending machine and some self-service distribution of tobacco and nicotine products. It creates licensing requirements and fees for distributors, establishes a Tobacco Licensing and Compliance Fund to support enforcement and prevention, and increases penalties for violations. It requires a model vaping awareness program in schools, mandates signage and child-resistant packaging, regulates advertising (including outdoor ads and flavors), and imposes location-based restrictions on specialty retailers near schools and other youth sites. It also creates a detailed e-liquid manufacturing directory and certification process tied to FDA actions, and repeals an existing signage requirement as part of a broader set of changes.

Who It Affects

• Minors under 21 years old, who would face stricter enforcement, clearer age-verification requirements, and enhanced penalties for violations related to tobacco, nicotine products, and ENDS; they could also face separate school-based disciplinary actions under new vaping prevention policies.
• Retailers and manufacturers of tobacco, tobacco products, electronic nicotine delivery systems, e-liquids, and alternative nicotine products (including vending operators and specialty vape retailers), who would face new licensing fees, permit rules, advertising restrictions, required signage and packaging standards, a new directory/certification system, and enhanced enforcement penalties.

Key Provisions

• Revises the definition of electronic nicotine delivery system to include delivery of substances other than tobacco.
• Prohibits distribution of tobacco products, ENDS, e-liquids, and alternative nicotine products through vending machines and restricts self-service displays unless compliant with specific conditions.
• Imposes a one-time $50 filing fee plus a $150 annual permit fee for tobacco product distribution, with permits location-specific and non-transferable; allows transfer with conditions and applies some processes to alcohol licensing.
• Increases penalties for tobacco-related violations, including fines and potential permit suspension or revocation for location-specific violations; allows fines to be levied per violation and sets suspension duration up to one year.
• Creates the Tobacco Licensing and Compliance Fund in the State Treasury, with most fees/fines directed to this fund to support enforcement and tobacco/nicotine prevention education; a portion supports public safety enforcement.
• Establishes a comprehensive Tobacco/E-liquid Manufacturer Directory and Certification program; initial certification fee of $2,000 and annual $500 renewal, plus requirements to verify FDA premarket status and product details; directory published online and updated monthly.
• Imposes advertising restrictions on ENDS products, including prohibitions on certain claims (cessation or healthier alternatives) and outdoor advertising limits near schools; restricts flavors on outdoor billboards and bans sponsorships or use of minor-appealing imagery; requires rules to implement these provisions.
• Requires a model vaping awareness, education, and prevention policy for K-12 schools; local boards must adopt policies with graduated consequences, education requirements, reporting procedures, and integration into student handbooks.
• Mandates child-resistant packaging for liquid nicotine containers and requires conspicuous signs in specialty retailers warning about under-21 purchase laws and risks of vaping; stores must display age-related warnings and product-type information.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.