WHEREAS, the State of Alabama has been flooded with products referred to collectively as “Spice” which is labeled, marketed, sold and distributed as incense, potpourri and a variety of other things, but which are actually purchased for consumption and inhalation by unwary citizens of this State, including children;
WHEREAS, Title 15 of the United States Code, known as the Federal Trade Commission Act, mandates certain requirements for the labeling of domestically manufactured consumer products including the requirements that all ingredients be listed as well as the name of the manufacturer and point of origin for the manufacturer or distributor;
WHEREAS, Title 16 of the United States Code, known as the Customs Act, mandates certain requirements for the labeling of imported consumer products including the requirements that all ingredients be listed as well as the name of the importer and point of entry for the products;
WHEREAS, a number of residents of Alabama have suffered severe and harmful physical effects as a result of inhaling, consuming, ingesting or otherwise coming into contact with such products and the substances contained therein;
WHEREAS, such products contain substances which when ingested, experienced, consumed, or inhaled, can cause immediate harmful physical effects and reactions and may cause other long term effects which are not yet known;
WHEREAS, many of these products are mislabeled in violation of Federal law, in that they fail to list all ingredients and/or fail to disclose the manufacturer or importer or the point of origin or entry for the products;
WHEREAS, many of these products contain substances that are injurious to human health and that are not identified and disclosed to the consumer;
WHEREAS, the labeling on many such products do not disclose or warn of the effects on the human body of ingesting, consuming, touching or inhaling such substances and otherwise is misleading the public with respect to the intended use or effects of such substances;
WHEREAS, the sale, distribution and labeling of these products are in violation of the Alabama Deceptive Trade Practices Act;
WHEREAS, severe and harmful permanent injury may occur to residents of the State of Alabama if such substances are sold or distributed without proper labeling;
WHEREAS, marijuana, and all derivative cannabinoid substances are listed on Schedule I of the Controlled Substances Act;
WHEREAS, many of these products contain controlled substance analogues, as defined under the Title 21 of the U.S. Code, and as such are contraband subject to immediate seizure;
WHEREAS, the State Health Officer has determined that the substances contained in these products are an immediate danger to the public's health and safety and will be promulgating an emergency rule to add them to the Schedule I Controlled Substances List;
WHEREAS, many of these products are sold and readily available in many retail outlets for sale without any restrictions or warnings; and,
WHEREAS, these substances are clearly a threat to the health, safety and welfare of the citizens of this State.
NOW, THEREFORE, based upon these considerations, individually and collectively, jointly and severally, and for other good and valid reasons related thereto, I, Robert Bentley, Governor of the State of Alabama, by virtue of the authority vested in me by the Constitution and laws of the State of Alabama, do hereby direct any and all agencies, departments and entities with law enforcement authority in the State of Alabama, including but not limited to officers of the Department of Public Safety, the Alcoholic Beverage Control Board and Sheriffs, to immediately take possession of any products or substances described herein which are in the stream of commerce or which may readily or easily be placed into the stream of commerce in the State of Alabama or which are otherwise packaged or ready for packaging for sale, distribution, use or consumption by any individual in the State of Alabama, and such products and substances shall be stored and held by such agency, department or entity until the use or consumption of such products is determined safe; such packaging can be appropriately modified or amended to include appropriate labeling, warning or instructions; or until receiving further instruction or direction from an appropriate law enforcement or prosecuting agency or court.
BE IT FURTHER ORDERED, that this Executive Order shall become effective immediately upon the Governor’s signature and shall remain in effect until amended or modified by the Governor.
DONE AND ORDERED this _____ day of October, 2011.
Secretary of State