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Notice ATD-2026-05
RE: Proposal to Amend Rules 560-8-5-.01 Cigar and Cigarette Vending Machine Route Person License – Vending Machines, 560-8-5-.02 Loose Tobacco, Smokeless Tobacco, Cigar or Cigarette Vending Machines – Vending Machines, and 560-8-5-.03 Sales from Vending Machines – Vending Machines
TO ALL INTERESTED PERSONS AND PARTIES:
In compliance with O.C.G.A. § 50-13-4, the Georgia Department of Revenue gives notice that it proposes to amend Rules 560-8-5-.01 Cigar and Cigarette Vending Machine Route Person License – Vending Machines, 560-8-5-.02 Loose Tobacco, Smokeless Tobacco, Cigar or Cigarette Vending Machines – Vending Machines, and 560-8-5-.03 Sales from Vending Machines – Vending Machines.
Attached to this notice are an exact copy and synopsis of the proposed Rules. The proposed Rules are being amended under the authority of O.C.G.A. §§ 16-12-173, 48-2-12, 48-11-4, 48-11-4.1, and 48-11-9.
The Department of Revenue will consider the proposed amendment of the above Rules at a remote regulation hearing held at 10:00 a.m. on Wednesday, March 18, 2026, which can be accessed through the following link: https://meet.goto.com/599482525 or via telephone at (571) 317-3116 (local) and 1-866-899-4679 (toll-free) with the access code: 599-482-525. At the beginning of the hearing, attendees will be required to announce themselves and notify the Department if they plan to make oral comments during the hearing
The Department must receive all comments regarding the above-referenced Rule from interested persons and parties no later than 10:00 a.m. on Wednesday, March 18, 2026. Electronic comments must be sent to [email protected]. Mailed comments should be addressed to Office of General Counsel, 2595 Century Parkway NE, Suite 501, Atlanta, GA 30345-3173. Please reference “Notice ATD-2026-05” on all comments.
Synopsis
GEORGIA DEPARTMENT OF REVENUE
ALCOHOL & TOBACCO DIVISION
CHAPTER 560-8 ALCOHOL & TOBACCO DIVISION (TOBACCO)
SUBJECT 560-8-5 VENDING MACHINES
Rule 560-8-5-.01 Cigar and Cigarette Vending Machine Route Person License – Vending Machines
The Georgia Department of Revenue proposes to amend Rule 560-8-5-.01 Cigar and Cigarette Vending Machine Route Person License – Vending Machines by making changes as indicated by underline and strikethrough on the attached copy of the Proposed Rule.
The purpose and main feature of the rule is to describe the permitting process for individuals who, on behalf of a tobacco product distributer, operate and restock vending machines that dispense tobacco products.
The purpose of the amendment is to:
- Eliminate superfluous information in the title of the Rule.
- Align the Rule with the definition of “Tobacco Product” as found in Rule 560-8-1-.01 Definitions – General.
- Clarify that the process described in the regulation is a permitting process related to employment by a licensed distributor, rather than a licensing process.
- Update the statutory authority for the Rule.
Rule 560-8-5-.02 Loose Tobacco, Smokeless Tobacco, Cigar or Cigarette Vending Machines – Vending Machines
The Georgia Department of Revenue proposes to amend Rule 560-8-5-.02 Loose Tobacco, Smokeless Tobacco, Cigar or Cigarette Vending Machines – Vending Machines by making changes as indicated by underline and strikethrough on the attached copy of the Proposed Rule.
The purpose and main feature of the rule is to set standards for vending machines that dispense tobacco products in order to ensure the products therein are compliant with state law.
The purpose of the amendment is to:
- Eliminate superfluous information in the title of the Rule.
- Align the Rule with the definition of “Tobacco Product” as found in Rule 560-8-1-.01 Definitions – General.
- Update the statutory authority for the Rule.
Rule 560-8-5-.03 Sales from Vending Machines – Vending Machines
The Georgia Department of Revenue proposes to amend Rule 560-8-5-.03 Sales from Vending Machines – Vending Machines by making changes as indicated by underline and strikethrough on the attached copy of the Proposed Rule.
The purpose and main feature of the rule is to set standards for acceptable use and placement of vending machines that dispense tobacco products to protect the public welfare.
The purpose of the amendment is to:
- Eliminate superfluous information in the title of the Rule.
- Align the Rule with the definition of “Tobacco Product” as found in Rule 560-8-1-.01 Definitions – General.
- Update the language that must appear on signs placed on vending machines in accordance with O.C.G.A. § 16-12-173.
- Clarify that only individuals over the age of 21 may purchase tobacco products from a vending machine.
- Clarify the provisions related to where vending machines containing tobacco products may be located.
- Include the additional requirement that vapor products, as defined in Proposed Rule 560-8-1-.01 Definitions – General, may not be sold in vending machines containing tobacco products, pursuant to O.C.G.A. §§ 48-11-4.1 and 48-11-4.2. Those statutes make it unlawful for vapor products to be sold by any means other than an in-person, face-to-face sale or by the electronic means exception.
- Update the statutory authority for the Rule.
