2022 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 28-11-21 - Duties of Department of Mental Health; Annual Report; Transitional Grant Monies.

Section 28-11-21

Duties of Department of Mental Health; annual report; transitional grant monies.

(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.

(Act 2021-453, §8.)