HB39 Alabama 2026 Session

Summary

Primary Sponsor

Chip BrownRepresentative

Republican

Session

2026 Regular Session

Title

Seafood dealer license; license fee for applicants holding other seafood licenses revised; retroactive effect provided

Summary

HB39 would overhaul Alabama's seafood dealer licensing by changing fees, adding location and vehicle licenses, and creating exemptions, with retroactive and immediate effect.

What This Bill Does

It changes the license fee structure for seafood dealers, setting $465 for Alabama residents with long-term domicile, $730 for nonresidents, and $265 for certain residents who already hold specific Alabama licenses, with the higher-state-charge rule applying if another state charges more. It also requires most applicants (non-brokers) to show a business license, tax ID, and a seafood processing health permit to obtain a license. It creates additional licenses for each place of business and for each vehicle used in seafood transactions ($333 per vehicle), and clarifies exemptions for certain nonresident dealers and restaurants serving prepared seafood. It imposes penalties for operating without a license and directs $200 of each license fee to Sweet Grown Alabama, while retroactively applying to licenses issued on or after October 1, 2025 and becoming effective immediately.

Who It Affects

• Alabama resident seafood dealers: face a new tiered fee structure ($465, or $265 if holding certain preexisting Alabama licenses) and potential higher fees if their home state charges Alabama residents more than $730.
• Nonresident seafood dealers: generally pay $730 or the higher amount charged by their home state, and must obtain licenses for each place of business and for each vehicle used in seafood transactions.
• Businesses with multiple locations or vehicles: must purchase and display separate licenses for each location and for each vehicle (vehicle license is $333).
• Restaurants and certain buyers: exemptions from licensing if seafood is cooked and sold for consumption on or off the premises, and nonresident dealers may be exempt in some transactions with licensed Alabama dealers or fishermen.
• Sweet Grown Alabama and the Department of Conservation and Natural Resources: funding and administration roles, with $200 of every license fee directed to Sweet Grown Alabama.

Key Provisions

• License fees set: $465 for Alabama residents domiciled >1 year before issuance; $730 for nonresidents; if a home state charges Alabama residents more than $730, the higher amount charged by that state applies; $265 for Alabama residents who hold certain preexisting licenses (9-12-82, 9-12-87, 9-12-93, 9-12-113, or 9-12-124).
• Application requirements: entities other than brokers must provide a business license, tax identification number, and the appropriate seafood processing health permit to obtain a license.
• Location and vehicle licensing: additional licenses required for each place of business; each vehicle used to sell/buy seafood from non-Ala. dealers requires a license ($333). The vehicle itself is not a place of business, but each location/vehicle transaction requires licensing.
• Exemptions: nonresident dealers buying from or selling to licensed Alabama dealers or licensed fishermen may not need a license; restaurants serving cooked seafood may be exempt from licensing.
• Penalties: unlawful to sell/broker/trade without a license; Class A misdemeanor with escalating fines ($1,000 first offense, $2,500 second offense within 3 years, $5,000 and 10–30 days jail for third offense within 3 years).
• Funding: $200 of each license fee goes annually to Sweet Grown Alabama for promoting the state's seafood products.
• Retroactivity and effective date: the act is retroactive and curative, applying to licenses issued on or after October 1, 2025, and the act becomes effective immediately.

AI-generated summary using openai/gpt-5-nano on Feb 12, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Conservation & Natural Resources