Sen. Garlan Gudger, R-Cullman, and Rep. Barbara Drummond, D-Mobile, have sponsored legislation (SB2 and HB8) to expand the regulation of tobacco and electronic nicotine systems by the Alcoholic Beverage Control (ABC) Board.

The proposed bills establish new fees for the filing and permitting of the distribution of tobacco, tobacco products, electronic nicotine delivery systems, or alternative nicotine products. These fees include a one-time application filing fee of $50, an annual permit fee of $150, and a $50 transfer fee for a permitted location that is sold or transferred.  Additionally, the bills increase penalties for violation of tobacco retail laws.

The definition of “electronic nicotine delivery systems” is revised to include battery power devices that deliver substances other than tobacco through the inhalation of vapor. The legislation also prohibits the distribution of tobacco, tobacco products, electronic nicotine delivery systems, e-liquids, and alternative nicotine products through vending machines.

The Department of Revenue currently maintains an Electronic Nicotine Delivery Systems Products Directory and manufacturers will need to meet certain requirements before being approved for inclusion in this directory.

The bills require retailers of electronic delivery systems to display new signage warning of the dangers of vaping devices. The ABC Board is given general rulemaking authority to administer the tobacco retail laws.

Sen. Gerald Allen, R- Cottondale, has also introduced SB10 to prohibit the smoking of electronic nicotine delivery systems in the same locations that the smoking of tobacco products is currently is prohibited.

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