Alabama Administrative Code
Title 810 - ALABAMA DEPARTMENT OF REVENUE
Chapter 810-7-1 - TOBACCO TAX ADMINISTRATION
Section 810-7-1-.32 - E-Liquid And Alternative Nicotine Product Manufacturers Certification
Universal Citation: AL Admin Code R 810-7-1-.32
Current through Register Vol. 43, No. 02, November 27, 2024
(1) Definitions.
(a) Annual Renewal Application Fee - The
five-hundred-dollar ($500) fee due each year from every certifying e-liquid
manufacturer and manufacturer of alternative nicotine products that maintains
an active vape account with the department. The renewal fee does not apply for
inactive accounts.
(b) Certifying
E-Liquid Manufacturer and Manufacturer of Alternative Nicotine Products - Any
e-liquid manufacturer or manufacturer of alternative nicotine products that
submits a certification or renewal as required in §
28-11-17.1, Code of
Ala. 1975.
(c) Initial
Application Fee - The initial fee of two thousand dollars ($2,000) due from
every certifying e-liquid manufacturer and manufacturer of alternative nicotine
products.
(d) Product Offered for
Sale - Each unique e-liquid or alternative nicotine brand name along with the
product code constitutes a separate product offered for sale in this
state.
(2) Directory.
(a) Pursuant to §
28-11-17.1, Code of
Ala. 1975, beginning May 1, 2022, and no later than May 1 of each
year thereafter, the department will post to its website a directory of
certifying e-liquid manufacturers and manufacturers of alternative nicotine
products along with a listing of the certified and approved products.
(b) Only those products appearing on the
directory may be offered for sale in Alabama. All other products are subject to
penalty.
(3) Certification Application and Associated Fee.
(a) Initial Certification Application -
Beginning March 1, 2022, each manufacturer must electronically submit to the
department an initial certification application along with the initial
application fee through the department's online portal. Failure to submit the
required fee will result in a denial of the application.
(b) Renewal Application - Beginning March 1
through April 30 of each subsequent year, an annual renewal application and the
annual renewal application fee must be electronically submitted to the
department to remain on the directory. The annual renewal application and
annual renewal application fee must be received by the department during the
annual renewal period to be considered timely.
(c) Expiration of Certification - If the
manufacturer's certification expires, the manufacturer must remit the initial
application fee with the required application and associated penalty, if
applicable, to be recertified and have its products certified/approved for sale
and placed back on the directory.
(4) Penalties and Fines. Pursuant to § 28-11-17.1, Code of Ala. 1975, the following penalties and/or fines may apply:
(a) Manufacturer Penalty - One thousand
dollar ($1,000) fine per day for each product offered for sale by the
manufacturer that is not listed on the directory until the product is removed
from the market or properly listed on the directory.
(b) Manufacturers that violate any of the
provisions of §
28-11-17.1, Code of
Ala. 1975, may be subject to a five hundred dollar ($500) fine per
offense.
Author: Bonita Calhoun
Statutory Authority: Code of Ala. 1975, §§ 40-2A-7(a)(5), 28-11-17.1, Chapter 11 of Title 28.
Disclaimer: These regulations may not be the most recent version. Alabama may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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