Alabama House Committee Approves Vaping Regulation Bill
The Alabama House Judiciary Committee has given the green light to HB 319, a bill aimed at regulating vaping for individuals under the age of 21. Sponsored by Rep. Barbara Drummond, D-Mobile, the bill was approved by the committee on Wednesday after a substitute was agreed upon, modifying penalties for retailers and underage violators.
Drummond emphasized that the bill does not target adult vaping, but rather focuses on preventing children aged 21 and under from accessing vaping products. The legislation will make it illegal for retailers to sell vaping products to minors and prohibit the sale of any vape product not listed in the directory established by the state in 2021.
The bill expands the definition of “electronic nicotine delivery system” to include products delivering substances other than tobacco. It also bans vending machines selling tobacco in places accessible to individuals under 21.
Retailers selling tobacco, vaping, or e-cigarettes will be required to pay a $50 single application fee and a $150 annual permit fee, with the proceeds used for administration and enforcement of the bill’s provisions. Violators could face fines or mandatory training programs, with penalties increasing for subsequent offenses.
Advertising restrictions are also included in the bill, prohibiting retailers from promoting e-cigarette flavors, claiming that vaping aids in smoking cessation, or suggesting that vaping is healthier than smoking. Advertising near schools, playgrounds, stadiums, concerts, or sporting events is also banned.
E-cigarette and vaping product retailers must obtain FDA approval, and manufacturers or distributors selling products not in the directory may face daily fines of $1,000.
The substitute bill also reduces penalties for underage violators, implementing a graduated consequence system based on prior violations, ranging from fines to community service hours.
Fines and fees collected under the bill will be allocated among the General Fund, the Tobacco Licensing and Compliance Fund, and the Alabama Law Enforcement Agency.
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