E-Cigarette Regulations - Alabama

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Are e-cigarettes in any section of the state’s statutes included in the definition of "Tobacco Products"?

No 

 

How does the state define an e-cigarette?

Youth Access

Electronic nicotine delivery system includes “any vaporizing device that produces a vapor that delivers nicotine or other substance to the person inhaling from the device to simulate smoking, and includes, but is not limited to, products that may be offered to, purchased by, or marketed to consumers as an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah, vape pen, vape tool, vaping device, or any variation of these terms [and] includes any liquid intended to be vaporized in any device included in this subdivision, regardless of whether or not the liquid contains nicotine.”
Ala. Code § 28-11-2(5) (2020)

Liquid nicotine container means “a bottle or other container of a liquid product that is intended to be vaporized and inhaled using an electronic nicotine delivery system [except those pre-filled, sealed, and not intended to be opened by consumer).”
Ala. Code § 28-11-2(8) (2020)

Sales Tax

Vapor products means “any non-lighted, noncombustible product that employs a mechanical heating element, battery, or electronic circuit regardless of shape or size and that can be used to produce vapor from nicotine in a solution. The term includes any vapor cartridge or other container of nicotine in a solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device.”
Ala. Code § 40-23-1(a)(16) (2020)

Consumable vapor product means “any nicotine liquid solution or other material containing nicotine that is depleted when used as a vapor product.
Ala. Code § 40-23-1 (a)(15) (2020)

 

Is there a state excise or special tax (non-sales tax) placed on e-cigarettes?

N/A

 

What regulations are in place for e-cigarette packaging?

Liquid nicotine containers must be sold in child-resistant packaging.
Ala. Code § 28-11-18(a) (2020)

 

What restrictions are in place for retail or youth access?

Sale of electronic nicotine delivery systems to persons under age 19 prohibited.
Ala. Code § 13A-12-3 (2020)

Purchase, use or possession of electronic nicotine delivery systems by persons under age 19 prohibited.
Ala. Code § 28-11-13(a) (2020)

Minor employees may handle electronic nicotine delivery systems when an employee over the age of 21 is present.
Ala. Code § 28-11-13(a) (2020)

A county may not issue a license for sales of electronic nicotine delivery systems if the retail business is located within 1,000 feet of a school, child-care facility, church, public library, playground or park, or other youth-centered facility or space after January 1, 2020 (unless retailer is a specialty shop that has been in business at that location for 18 consecutive months).
Ala. Code § 28-11-19 (2020)

Delivery sales of electronic nicotine delivery systems may only be made after obtaining a permit for delivery sales and verifying the age and address of the purchaser through a third-party verification service, and taking payment through a credit or debit card in purchaser’s name.
Ala. Code § 13A-12-3.8(a)-(d) (2020)

 

Is a retail license or permit required to sell e-cigarettes?

Yes.
Ala. Code § 28-11-7 (2020)

 

What smoke-free restrictions exist for e-cigarette use?

Licensed emergency medical providers cannot use e-cigarettes “while operating or riding in an ambulance or while providing patient care.”
Ala. Admin. Code r. 420-2-1-.28(6)(j) (2020)

Use of electronic cigarettes prohibited at licensed day care facility premises.
Ala. Admin. Code r. 660-5-26.03(4)(k)(10); 660-5-27.04(2)(a)(10) (2020)

 

Alabama e-cigarette regulations as of September 15, 2020.

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