Vape Bill Passes Senate, Goes To Governor
HB8 strengthens tobacco product regulations, restricts sales across Alabama
Alabama House Bill 8 (HB8), sponsored by State Representative Barbara Drummond (D-Mobile), passed the Senate on Tuesday, May 6, and will now be going to Governor Kay Ivey’s desk for her signature.
HB8 will strengthen the regulation of tobacco products and electronic nicotine delivery systems (ENDS) within Alabama. In its final form, it lays out specific licensing requirements for tobacco product vendors, severely limits advertising of tobacco products (especially those that target minors), requires vaping products to be manufactured in the USA, and mandates tobacco product education and prevention programs.
Vape legislation has been a focus of Rep. Drummond’s work in the Legislature for the past five years. When HB8 passed the Senate Tuesday, she was given the Senate’s acclaim for her persistence, and her ultimate success.
Rep. Drummond spoke with ALPolitics.com about HB8 Tuesday evening.
"The passage of this legislation is a giant step, safeguarding the health and welfare of Alabama children,” Drummond said. “Though it was changed in the Senate, the legislation means greater enforcement, greater penalties for violators and more importantly, cessation classes to educate students and parents on the detrimental effects and ingredients in vapes."
Key Provisions of HB8 include:
- Retail Licensing Requirements: Retailers are mandated to obtain a permit for the sale of tobacco, synthetic tobacco, ENDS, e-liquids, and alternative nicotine products. The application process includes a one-time filing fee of $50 and an annual permit fee of $150.
- Ban on Vending Machine Sales: The distribution of tobacco and nicotine products through vending machines is prohibited.
- Advertising Restrictions: The bill imposes stringent advertising regulations, including prohibitions on:
- Marketing ENDS as tobacco cessation tools or healthier alternatives to smoking, unless approved by the FDA.
- Advertising flavored vaping products (excluding tobacco, mint, or menthol) on outdoor billboards.
- Sponsoring events or scholarships using tobacco product branding, particularly where the audience comprises less than 85% individuals aged 21 or older.
- Mandatory Warning Signage: Retailers are required to display signage warning about the dangers of tobacco product use, including specific health risks associated with nicotine and potential exposure to toxic metals from certain vaping devices.
- Educational Initiatives: The State Board of Education is tasked with developing a model vaping awareness, education, and prevention program. Local school boards must adopt policies based on this model, which includes prohibiting the possession or use of tobacco and ENDS products by students and staff on school premises and at school-sponsored events.
- Enforcement and Penalties: The bill outlines enforcement mechanisms, including the use of underage individuals in compliance checks (with parental consent and supervision), and establishes penalties for violations, such as fines and potential destruction of non-compliant products.
Governor Ivey is expected to sign HB8. The full text of the enrolled bill is available HERE.
