(a) The Department of Mental Health shall be responsible for ensuring that the state is in compliance with and satisfies all reporting and enforcement obligations of the United States Department of Health and Human Services (HHS) pursuant to 42 U.S.C. § 300x-26, as amended, including, but not limited to, annually preparing and submitting to the Secretary of Health and Human Services a report, as required by federal law, describing all of the following:
(1) The activities carried out by the Department of Mental Health in coordination with the Alabama State Law Enforcement Agency to ensure that tobacco retailers or specialty retailers of electronic nicotine delivery systems do not sell alternative nicotine products, tobacco products, or electronic nicotine delivery systems to individuals under the age of 21 years.
(2) The extent of success the Department of Mental Health, in coordination with the Alabama State Law Enforcement Agency, has achieved in ensuring that retailers do not sell alternative nicotine products, tobacco products, or electronic nicotine delivery systems to individuals under the age of 21 years.
(3) The strategies utilized by the Department of Mental Health, in coordination with the Alabama State Law Enforcement Agency, to ensure that retailers do not sell alternative nicotine products, tobacco products, or electronic nicotine delivery systems to individuals under the age of 21.
(b) In addition to the requirements listed in subsection (a), the Department of Mental Health shall adopt rules and act as necessary to satisfy the requirements of 42 U.S.C. § 300x-26, as amended, and any rules adopted thereunder by the Secretary of Health and Human Services. Rules adopted pursuant to the authority delegated to the Department of Mental Health in this section shall be narrowly tailored to bring this state into compliance with federal law and shall comply with the requirements of the Administrative Procedure Act, Title 41, Chapter 22.
(c) The Department of Mental Health is responsible for applying for transitional grant monies provided pursuant to 42 U.S.C. § 300x-26, as amended, through the term of the transitional grants. Any transitional grant monies awarded to the state shall be used for the following purposes:
(1) To ensure compliance with subsection (a).
(2) To further tobacco product, alternative nicotine product, or electronic nicotine delivery system cessation programs.
(3) To further tobacco product, alternative nicotine product, or electronic nicotine delivery system education programs.
Structure Code of Alabama
Title 28 - Intoxicating Liquor, Malt Beverages and Wine.
Chapter 11 - Sale of Tobacco Products Regulated by the Alcoholic Beverage Control Board.
Section 28-11-1 - Legislative Intent.
Section 28-11-2 - Definitions.
Section 28-11-3 - Minors Enlisted to Help Board Enforce State and Federal Laws.
Section 28-11-4 - Purpose of Rules.
Section 28-11-5 - Tobacco Prevention Materials; Funding.
Section 28-11-6 - Distribution of Tobacco or Tobacco Products.
Section 28-11-6.1 - Vending Machines.
Section 28-11-6.2 - Self-Service Displays.
Section 28-11-7 - Distribution Permits.
Section 28-11-8 - Failure to Obtain or Display Permit.
Section 28-11-9 - Suspension or Revocation of Permit; Hearing Commission; Fines.
Section 28-11-10 - Disposition of Funds.
Section 28-11-11 - Annual Report.
Section 28-11-12 - Advisory Board.
Section 28-11-14 - Fines for Unlawful Possession of Contraband.
Section 28-11-16 - Advertising Restrictions.
Section 28-11-17 - Distribution, Sale, etc., in Violation of Federal Law or Fda Rule.
Section 28-11-18 - Child-Resistant Packaging; Warning Signs.
Section 28-11-19 - Limitations on Location of Retail Businesses.
Section 28-11-21 - Duties of Department of Mental Health; Annual Report; Transitional Grant Monies.