SB271 Alabama 2023 Session

Summary

Primary Sponsor

Garlan GudgerSenator

Republican

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, 28-11-7, 28-11-9, 28-11-10, 28-11-12, 28-11-13, 28-11-14, 28-11-16, 28-11-17.1, and 28-11-18, 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 further provide for the distribution of tobacco products through a vending machine; to provide fees for the retail sale of certain tobacco products; to increase 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 Beverage 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 repeal Sections 28-11-15 and 28-11-19, 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

SB271 would overhaul Alabama's tobacco and electronic nicotine delivery system laws by expanding definitions, adding licensing fees and a state enforcement fund, increasing penalties, and tightening rules around vending machines, advertising, and signage.

What This Bill Does

It expands the definition of electronic nicotine delivery systems to include delivery of non-tobacco substances. It creates new permit and fee requirements for distributing tobacco and related products, including a one-time $50 filing fee and a $150 annual permit fee. It establishes a Tobacco Licensing and Compliance Fund to support enforcement and prevention education, and requires the ABC Board to adopt new rules. It increases penalties for underage sales and certain advertising violations, mandates warning signage, and revises how vending machines and special retailers operate; it repeals some current sign-posting rules and adds a directory and certification process for e-liquid manufacturers with FDA-related compliance tracking.

Who It Affects

• Tobacco retailers, distributors, and manufacturers (including those operating vending machines or selling e-liquid/ENDS) who must obtain permits, pay new fees, post required signage, comply with advertising restrictions, and follow new enforcement rules.
• Minors under 21 (and their parents/guardians) who face stricter enforcement for possessing or attempting to purchase tobacco and nicotine products, higher fines, possible license suspensions, and new juvenile/adolescent adjudication pathways for violations.

Key Provisions

• Redefines electronic nicotine delivery systems to include delivery of substances other than tobacco.
• Allows and regulates distribution of tobacco products through vending machines with location or control restrictions; prohibits vending with non-tobacco/non-nicotine items.
• Implements new fees: a one-time $50 filing fee plus a $150 annual permit fee for distributing tobacco, tobacco products, ENDS, and alternative nicotine products; funds directed to the Tobacco Licensing and Compliance Fund and Public Safety Fund for enforcement.
• Establishes the Tobacco Licensing and Compliance Fund in the State Treasury to cover enforcement and prevention education; funds are administered by the Licensing and Compliance Division of the ABC Board.
• Increases penalties for tobacco-related violations, including higher fines and possible driver license suspensions for repeat underage-convictions; expands administrative penalties for advertising violations.
• Creates a comprehensive advisory board with broad state representation to oversee implementation and recommend program changes; board members serve terms and provide guidance.
• Requires tobacco retailers to post prominent warning signs about tobacco/nicotine dangers and to display specific health information; directs the ABC Board to adopt rules to implement signage.
• Establishes a directory of e-liquid manufacturers and alternative nicotine product makers, with certifications to verify FDA-related status; requires monthly updates and public access; imposes penalties for selling unlisted products.
• Repeals certain existing provisions (sections 28-11-15 and 28-11-19) related to posting signs and specialty retailer locations; authorizes rulemaking to implement the new framework.

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