Alabama Industry Issues
HB 144 – Child Labor Law Changes
Beginning on August 4, 2009 the changes to the Alabama Child Labor Law went into effect. Employers can obtain Child Labor Certificates, required documents, and other pertinent information concerning the changes at www.labor.alabama.gov (under the Child Labor section).
Under the new law each store location that employees 14 or 15 year olds will need to apply for a Class 1 Certificate ($15) and each store location that employees 16 or 17 year olds will need to apply for a Class 2 Certificate ($15). If only need to purchase the certificate that you need. If you do no employ 14 or 15 year olds then you will not need a Class 1 Certificate.
Additionally, schools will issue an “eligibility to work” form certifying that students under 16 have satisfactory grades and attendance in order to be employed. This form must be in the minor’s personnel file for inspection. Also, each Employer must keep on site a separate file for each employee under 19 years of age. These records must be kept for 3 years. The Alabama Department of Labor has created a form on their website that is one sheet of paper to satisfy this requirement and you can still keep original personnel files in your corporate office. Also if they can access time records electronically when they enter your location for an inspections, that will also suffice rather than paper records on file. The Child Labor division will be distributing new brochures and posters to each location. For a copy of the new brochure, CLICK HERE. If you would like a copy of the new Poster that must be up in your store, please CLICK HERE.
If you have any additional questions concerning the new Child Labor Law, please contact, Robin Hancock at 334-353-1761.
HB 391 – Tobacco Law Update
HB 391, the new tobacco law went into effect August 1, 2009. We have received some clarification from the ABC Board on many of the issues our members have with this Bill.
1. As part of this law, you are required to post signage that contains the following verbiage. The ABC Board will begin giving warnings for failure to post the signage beginning September 1, 2009. After the first warning, penalties will be issued to the retailer. The signage must state: ALABAMA LAW STRICTLY PROHIBITS THE PURCHASE OF TOBACCO PRODUCTS BY PERSONS UNDER THE AGE OF 19. PROOF OF AGE IS REQUIRED FOR THE PURCHASE OF TOBACCO PRODUCTS.
The Association mailed to each member in mid-July 2 signs for each store directly to the store for their use in compliance with this new law. There are no stipulations on the size, color or type of sign to be posted other than the fact that it must be conspicuously visible to those purchasing tobacco in your stores. For those of you who sell tobacco via your check out lanes, you must have signage at each individual lane where the customer is purchasing tobacco products. You can CLICK HERE to download a temporary sign to post. If you need an additional sign that the Association mailed out, please CLICK HERE and fill out a form.
2. According to the ABC Board lawyer’s opinion, retailers do not have to ask for proof of age from every tobacco customer, just those that look under the age of 19. Many of you already have policies regarding at what age you require your employees to check verification of age. I would suggest that any customer that looks 27 or younger (per the original wording of the law) be checked for verification of age. The intent of the law was not to card an 80 year old man. We have asked the ABC Board to give us clarification of this point in writing and they have agreed to do so. When we receive this documentation, we will pass it along to our members.
3. Self-service displays are not allowed except in stores that receive more than 75% or more of their sales from tobacco. In the following year, the ABC Board will be giving tobacco specialty retailers a special code for their license that will designate them as a tobacco specialty store. For stores that are not tobacco specialty stores, your store will need to be in compliance by September 1, 2009. Penalties will result for those stores not in compliance.
» Click Here For A Copy Of HB 391
HB 473 – Country Of Origin Bill Update
In the 2009 Legislative Session, HB 473, the Catfish Deli Country of Origin Labeling bill was passed. First of all, let me state that unless you serve catfish in your store deli, this bill does not apply to your store. This Act requires notice to consumers at food service establishments of the country of origin of catfish products, and provides civil penalties for failure to comply with notice requirements. It will take effect on August 1, 2009 and I am attaching the bill for your reference.
Please be advised of the following:
1. Any advertising of catfish or catfish products by food service establishments shall state the country of origin if the product was imported from a country other than the United States of America. This must be displayed daily when catfish or catfish products are from a country other than the U.S.
2. No catfish product shall be offered for sale at a food service establishment unless consumers are notified of the name and country of origin of the product. A food service establishment shall comply with this requirement by listing the country of origin on the menu in the same location and in the same size font as the product being offered, or by using a sign or tabletop display identifying the country of origin of the catfish offered for sale. If a sign is used, it shall be a minimum of 93 square inches with characters at least one inch in size. The sign or a series of signs shall be posted on a wall in a conspicuous location or locations in plain view of all patrons. If a tabletop display is used, it shall be at least 30 square inches and place on each table that is used for service.
3. The fines associated with violations of this bill are the following:
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a. A warning for the first violation.
b. A fine of one hundred dollars ($100) for a second violations within 24 months.
c. A fine of two hundred fifty dollars ($250) for the third violation within 24 months.
d. A fine of five hundred dollars ($500) for the fourth violation within 24 months.
e. A fine of one thousand dollars ($1,000) for the fifth violation within 24 months and at the discretion of the department, a suspension of the food service establishment permit.
» Please Click Here For a Copy of HB 473
WIC Changes
There are major changes in the WIC program that are in effect starting on September 28, 2009 including the addition of $6, $8 and $10 vouchers for fruits and vegetables, 16 oz whole wheat and whole grain breads, brown rice, salmon, buttermilk, and baby foods (2.5 oz infant meats and 4 oz 2nd stage infant fruits and vegetables).
The WIC fresh fruit and vegetable vouchers will be handled in this manner:
At the store, the participant will select the WIC approved fruits and vegetables they wish to purchase. Fruits and vegetables must be grouped together by the cash value voucher that will be used to purchase those items. Each cash value voucher must be spent individually. Multiple cash value vouchers may not be combined for one transaction. The participant will present the cash value voucher to the cashier. The procedure for redeeming cash value vouchers is the same as any other food instrument. The cashier will check the participant’s WIC ID card. Proxies may redeem cash value vouchers. The cashier first checks the first day to use and the last day to use. The cashier makes sure the fruits and vegetables are WIC approved. The cashier then enters the total in the pay exactly block. No taxes are charged on fruits and vegetables purchased with a cash value voucher.
WIC participants may purchase fruits and vegetables in amounts that exceed the dollar value of the cash value voucher, however, the participant must pay the difference. If the amount in excess of the dollar value is paid by food stamps, no tax will be charged. Sales tax will be charged if this amount is paid by cash, debit or credit cards, or store gift cards.
No cash back will be given to the WIC participant if the purchase price of the item(s) is less than the amount of the cash value fruit and vegetable voucher.
A note on milk: Food instruments printed on or after September 28, 2009 will have milk listed as follows: whole, 2%, 1% or fat-free. Participants must get the type of milk (whole, 2%, 1% or fat-free) that is listed on their food instrument. Participants must get the least expensive brand. Food instruments printed on or after September 28, 2009 will no longer list lactose free/reduced milk separately. Effective September 28, 2009 participants will be allowed to get Lactose free/reduced milk with food instruments listing milk. If participants choose to get Lactose free milk, they must get the type of Lactose free/reduced milk (whole, 2%, 1% or skim) listed on their food instrument, and get the least expensive brand.