(a) As used in this section the following terms shall have the following meanings:
(1) FOOD STAMPS. The stamps provided by the United States Department of Agriculture for issuance to qualified recipients under the federal Food Stamp Act, 7 U.S.C. §2011 et seq.
(2) FOOD STAMP SALES TAX AMENDMENT. Section 1505 of the Food Security Act of 1985 (Public Law 99-198) which amended 7 U.S.C. §2013(a) and provides that a state may not participate in the food stamp program if state or local taxes are collected on purchases of food made with food stamps.
(b) It is hereby declared by the Legislature that this exemption is enacted in response to the coercive threat of Congress contained in the Food Stamp Sales Tax Amendment in order to insure that all eligible citizens within the State of Alabama will continue to receive food stamp benefits; that the State of Alabama has challenged the constitutionality of the Food Stamp Sales Tax Amendment and the case is currently pending in the federal courts; and that it is intended that this exemption shall remain in effect only so long as federal law requires such exemption in order for Alabama citizens to be entitled to receive food stamp benefits.
(c) All purchases made with food stamps shall be exempt from state, county and municipal sales and use taxes.
(d) If, at any time after the passage of this section, the Food Stamp Sales Tax Amendment is either ruled unconstitutional or unenforceable by a federal court, or is repealed by Congress, then the provisions of this section shall immediately become inoperative, null and void and automatically repealed.
Structure Code of Alabama
Title 40 - Revenue and Taxation.
Chapter 23 - Sales and Use Taxes.
Division 1 - General Provisions.
Section 40-23-1 - Definitions; Transactions Considered or Not Considered Sales.
Section 40-23-2 - Tax Levied on Gross Receipts; Certain Sales Exempt; Disposition of Funds.
Section 40-23-3 - Exclusion of Certain Municipal Privilege License Taxes.
Section 40-23-4.1 - Certain Drugs Exempt.
Section 40-23-4.2 - Food Stamp Purchases Exempt.
Section 40-23-4.3 - Exemption Form for Certain Agricultural Purposes.
Section 40-23-4.4 - Exemption Form for Equipment for Certain Commercial Fishing Vessels.
Section 40-23-6 - License Required to Engage in Business; One-Time Surety Bond.
Section 40-23-6.1 - Reasonable Cause for Suspension, Revocation, etc., of License.
Section 40-23-8 - Cash Sales and Credit Collections to Be Reported.
Section 40-23-9 - Records to Be Kept.
Section 40-23-10 - Reports Under Oath.
Section 40-23-11 - Penalty for Failure to Make Reports or Keep Records.
Section 40-23-12 - Penalty for Willful Refusal to Make Reports or Permit Examination of Records.
Section 40-23-24 - Itinerant Vendors to File Bond.
Section 40-23-27 - Violator May Be Restrained From Continuing in Business.
Section 40-23-28 - Sales Tax an Additional Tax.
Section 40-23-30 - Administration and Enforcement of Division; Appointment, etc., of Agents, Etc.
Section 40-23-31 - Department to Make Rules and Regulations.
Section 40-23-34 - Proceeds of Tax to Be Deposited in Treasury.
Section 40-23-35 - Disposition of Revenues From Tax.
Section 40-23-37 - Agricultural Machinery and Equipment - Tax Imposed; Rate.