Daniel Dye
Senior Public Information Specialist
Effective June 1, Act 2025-403 passed by the Alabama Legislature and sponsored by Alabama State Rep. Barbara Drummond, D-Mobile, designates two specific retail permit types available to businesses.
As for how the new law affects the permitting process for businesses that sell these products in the state of Alabama, the following will apply June 1:
ABC Tobacco Permit
The ABC Tobacco Permit authorizes the sale of the products listed below:
Tobacco, tobacco products, and/or non-vapor based alternative nicotine; or E-liquid, electronic nicotine delivery systems, and vapor-based alternative nicotine products that have received a marketing order or other authorization under 21 U.S.C. § 387j(c)(1)(A)(i) NOTE: This means that the product (i) has received an FDA marketing order; (ii) has received an FDA marketing denial order that has been stayed, rescinded, or vacated by a court order or by the FDA itself; or (iii) is subject to a premarket tobacco application that was timely filed and remains under review by FDA; and (iv) is listed on the ENDS Directory maintained by the Department of Revenue pursuant to Section 28-11-17.1.
Those permittees that sell the above-mentioned products may renew their ABC Tobacco Permit for the 2025-2026 year when renewals begin June 1, 2025. The annual permit fee for an ABC Tobacco Permit is now $150.00.
ABC Specialty Retailer of Electronic Nicotine Delivery System Permit
The ABC Specialty Retailer of Electronic Nicotine Delivery System Permit authorizes the sale of any allowable e-liquids, electronic nicotine delivery systems, and vapor-based alternative nicotine products that meet the requirements of state and federal law.
The annual permit fee for an ABC Specialty Retailer of Electronic Nicotine Delivery System Permit is $1,000.00.
Any location that meets the definition of a Specialty Retailer of Electronic Nicotine Delivery Systems Permit under 28-11-2(19), must obtain the Specialty Retailer of Electronic Nicotine Delivery Systems Permit. These locations must be restricted to those 21 years of age or older and have signs posted indicating the age restriction.
All products sold must meet all requirements of state and federal law.
Current permit holders will receive official correspondence to the email address on record from the Alcoholic Beverage Control Board.
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