Bill Text: IA HSB566 | 2013-2014 | 85th General Assembly | Introduced

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Bill Title: A study bill relating to vapor products and alternative nicotine products, providing penalties, and including effective date provisions.

Spectrum: Unknown

Status: (N/A - Dead) 2014-01-27 - In Commerce [HSB566 Detail]

Download: Iowa-2013-HSB566-Introduced.html

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House Study Bill 566 - Introduced
HOUSE FILE _____
BY (PROPOSED COMMITTEE
ON COMMERCE BILL BY
CHAIRPERSON COWNIE)
A BILL FOR
An Act relating to vapor products and alternative nicotine
products, providing penalties, and including effective date
provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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Section 1. Section 453A.1, subsection 21, Code 2014, is
amended to read as follows:
21. “Retailer” shall mean and include every person in
this state who shall sell, distribute, or offer for sale for
consumption or possess for the purpose of sale for consumption,
cigarettes , alternative nicotine products, or vapor products
irrespective of quantity or amount or the number of sales.
Sec. 2. Section 453A.1, Code 2014, is amended by adding the
following new subsections:
NEW SUBSECTION . 01. “Alternative nicotine product” means
a product, not consisting of or containing tobacco, that
provides for the ingestion into the body of nicotine, whether
by chewing, absorbing, dissolving, inhaling, snorting, or
sniffing, or by any other means. “Alternative nicotine product”
does not include cigarettes, tobacco products, or vapor
products, or a product that is regulated as a drug or device by
the United States food and drug administration under chapter V
of the federal Food, Drug, and Cosmetic Act.
NEW SUBSECTION . 26A. “Vapor product” means a noncombustible
product containing nicotine that employs a mechanical heating
element, battery, or circuit, regardless of shape or size, that
can be used to heat a nicotine solution, and includes but is
not limited to a cartridge or other container of such nicotine
solution, an electronic cigarette, an electronic cigar, an
electronic cigarillo, or an electronic pipe. “Vapor product”
does not include a product regulated as a drug or device by the
United States food and drug administration under chapter V of
the federal Food, Drug, and Cosmetic Act.
Sec. 3. Section 453A.2, subsections 1, 2, 3, and 8, Code
2014, are amended to read as follows:
1. A person shall not sell, give, or otherwise supply any
tobacco, tobacco products, alternative nicotine products, vapor
products, or cigarettes to any person under eighteen years of
age.
2. A person under eighteen years of age shall not smoke,
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use, possess, purchase, or attempt to purchase any tobacco,
tobacco products, alternative nicotine products, vapor
products, or cigarettes.
3. Possession of cigarettes or tobacco , tobacco products ,
alternative nicotine products, vapor products, or cigarettes by
an individual under eighteen years of age does not constitute a
violation under this section if the individual under eighteen
years of age possesses the cigarettes or tobacco , tobacco
products , alternative nicotine products, vapor products, or
cigarettes as part of the individual’s employment and the
individual is employed by a person who holds a valid permit
under this chapter or who lawfully offers for sale or sells
cigarettes or tobacco products.
8. a. A person shall not be guilty of a violation of
this section if conduct that would otherwise constitute a
violation is performed to assess compliance with cigarette and
tobacco , tobacco products , alternative nicotine products, vapor
products, or cigarette laws if any of the following applies:
(1) The compliance effort is conducted by or under the
supervision of law enforcement officers.
(2) The compliance effort is conducted with the advance
knowledge of law enforcement officers and reasonable measures
are adopted by those conducting the effort to ensure that
use of cigarettes or tobacco , tobacco products , alternative
nicotine products, vapor products, or cigarettes by individuals
under eighteen years of age does not result from participation
by any individual under eighteen years of age in the compliance
effort.
b. For the purposes of this subsection , “law enforcement
officer” means a peace officer as defined in section 801.4 and
includes persons designated under subsection 4 to enforce this
section .
Sec. 4. Section 453A.4, subsection 1, Code 2014, is amended
to read as follows:
1. If a person holding a permit under this chapter or an
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employee of such a permittee has a reasonable belief based on
factual evidence that a driver’s license as defined in section
321.1, subsection 20A, or nonoperator’s identification card
issued pursuant to section 321.190 offered by a person who
wishes to purchase cigarettes or tobacco , tobacco products ,
alternative nicotine products, vapor products, or cigarettes
is altered or falsified or belongs to another person, the
permittee or employee may retain the driver’s license or
nonoperator’s identification card. Within twenty-four hours,
the card shall be delivered to the appropriate city or county
law enforcement agency of the jurisdiction in which the
permittee’s premises are located, and the permittee shall file
a written report of the circumstances under which the card was
retained. The local law enforcement agency may investigate
whether a violation of section 321.216 , 321.216A , or 321.216C
has occurred. If an investigation is not initiated or probable
cause is not established by the local law enforcement agency,
the driver’s license or nonoperator’s identification card shall
be delivered to the person to whom it was issued. The local law
enforcement agency may forward the card with the report to the
state department of transportation for investigation, in which
case, the state department of transportation may investigate
whether a violation of section 321.216 , 321.216A , or 321.216C
has occurred. The state department of transportation shall
return the card to the person to whom it was issued if an
investigation is not initiated or probable cause is not
established.
Sec. 5. Section 453A.5, subsection 1, Code 2014, is amended
to read as follows:
1. The alcoholic beverages division of the department of
commerce shall develop a tobacco compliance employee training
program not to exceed two hours in length for employees and
prospective employees of retailers, as defined in sections
453A.1 and 453A.42 , to inform the employees about state and
federal laws and regulations regarding the sale of cigarettes
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and tobacco , tobacco products , alternative nicotine products,
vapor products, and cigarettes to persons under eighteen
years of age and compliance with and the importance of laws
regarding the sale of cigarettes and tobacco , tobacco products ,
alternative nicotine products, vapor products, and cigarettes
to persons under eighteen years of age.
Sec. 6. Section 453A.36, subsection 7, Code 2014, is amended
to read as follows:
7. a. It shall be unlawful for a person other than a holder
of a retailer as defined in section 453A.1 or 453A.42 who holds
a valid retail permit , as applicable, to sell tobacco, tobacco
products, alternative nicotine products, vapor products, or
cigarettes at retail.
b. No A state permit holder shall not sell or distribute
cigarettes at wholesale to any person in the state of Iowa
who does not hold a permit authorizing the retail sale
of cigarettes or who does not hold a state permit as a
manufacturer, distributing agent, wholesaler, or distributor.
Sec. 7. Section 453A.36A, subsection 1, Code 2014, is
amended to read as follows:
1. Beginning January 1, 1999, except Except as provided in
section 453A.36, subsection 6 , a retailer shall not sell or
offer for sale cigarettes or tobacco , tobacco products, in a
quantity of less than a carton, alternative nicotine products,
vapor products, or cigarettes through the use of a self-service
display.
Sec. 8. Section 453A.39, Code 2014, is amended to read as
follows:
453A.39 Tobacco product , tobacco products, alternative
nicotine products, vapor products, and cigarette samples ——
restrictions —— administration.
1. A manufacturer, distributor, wholesaler, retailer, or
distributing agent, or agent thereof, shall not give away
cigarettes or tobacco products at any time in connection with
the manufacturer’s, distributor’s, wholesaler’s, retailer’s, or
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distributing agent’s business or for promotion of the business
or product, except as provided in subsection 2 .
2. a. All cigarette samples shall be shipped only to a
distributor that has a permit to stamp cigarettes or little
cigars with Iowa tax. All cigarette samples must have a
cigarette stamp. The manufacturer shipping samples under this
section shall send an affidavit to the director stating the
shipment information, including the date shipped, quantity, and
to whom the samples were shipped. The distributor receiving
the shipment shall send an affidavit to the director stating
the shipment information, including the date shipped, quantity,
and from whom the samples were shipped. These affidavits shall
be duly notarized and submitted to the director at the time of
shipment and receipt of the samples. The distributor shall
pay the tax on samples by separate remittance along with the
affidavit.
b. A manufacturer, distributor, wholesaler, retailer, or
distributing agent or agent thereof shall not give away any
cigarettes or tobacco , tobacco products , alternative nicotine
products, vapor products, or cigarettes to any person under
eighteen years of age, or within five hundred feet of any
playground, school, high school, or other facility when such
facility is being used primarily by persons under age eighteen
for recreational, educational, or other purposes.
c. Proof of age shall be required if a reasonable person
could conclude on the basis of outward appearance that a
prospective recipient of a sample may be under eighteen years
of age.
Sec. 9. Section 453A.42, subsection 10, Code 2014, is
amended to read as follows:
10. “Retailer” means any person engaged in the business
of selling tobacco , tobacco products , alternative nicotine
products, or vapor products to ultimate consumers.
Sec. 10. Section 805.8C, subsection 3, Code 2014, is amended
to read as follows:
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3. Smoking violations Violations related to smoking, tobacco,
tobacco products, alternative nicotine products, vapor products,
and cigarettes .
a. For violations described in section 142D.9, subsection 1 ,
the scheduled fine is fifty dollars, and is a civil penalty,
and the criminal penalty surcharge under section 911.1 shall
not be added to the penalty, and the court costs pursuant
to section 805.9, subsection 6 , shall not be imposed. If
the civil penalty assessed for a violation described in
section 142D.9, subsection 1 , is not paid in a timely manner,
a citation shall be issued for the violation in the manner
provided in section 804.1 . However, a person under age
eighteen shall not be detained in a secure facility for failure
to pay the civil penalty. The complainant shall not be charged
a filing fee.
b. For violations of section 453A.2, subsection 1 , by an
employee of a retailer, the scheduled fine is as follows:
(1) If the violation is a first offense, the scheduled fine
is one hundred dollars.
(2) If the violation is a second offense, the scheduled fine
is two hundred fifty dollars.
(3) If the violation is a third or subsequent offense, the
scheduled fine is five hundred dollars.
c. For violations of section 453A.2, subsection 2 , the
scheduled fine is as follows and is a civil penalty, and the
criminal penalty surcharge under section 911.1 shall not be
added to the penalty, and the court costs pursuant to section
805.9, subsection 6 , shall not be imposed:
(1) If the violation is a first offense, the scheduled fine
is fifty dollars.
(2) If the violation is a second offense, the scheduled fine
is one hundred dollars.
(3) If the violation is a third or subsequent offense, the
scheduled fine is two hundred fifty dollars.
Sec. 11. EFFECTIVE UPON ENACTMENT. This Act, being deemed
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of immediate importance, takes effect upon enactment.
Sec. 12. CODE EDITOR DIRECTIVE. The Code editor shall
modify the title of chapter 453A to read “Cigarette and Tobacco
Taxes and Regulation of Alternative Nicotine Products and Vapor
Products”.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
This bill relates to the regulation of alternative nicotine
products and vapor products. The bill defines “alternative
nicotine products” and “vapor products” separately from
cigarettes and tobacco products under Code chapter 453A
(cigarette and tobacco taxes).
The bill includes alternative nicotine products and
vapor products under the prohibitions relating to persons
under legal age. Under the bill, a person shall not sell,
give, or otherwise supply any tobacco, tobacco products,
alternative nicotine products, vapor products, or cigarettes
to any person under 18 years of age; and a person under 18
years of age is prohibited from smoking, using, possessing,
purchasing, or attempting to purchase any tobacco, tobacco
products, alternative nicotine products, vapor products,
or cigarettes. However, possession of tobacco, tobacco
products, alternative nicotine products, vapor products, or
cigarettes by an individual under 18 years of age does not
constitute a violation if the individual under 18 possesses
the tobacco, tobacco products, alternative nicotine products,
vapor products, or cigarettes as part of the individual’s
employment and the individual is employed by a person who
holds a valid permit or who lawfully offers for sale or sells
cigarettes or tobacco products. Additionally, a person is
not guilty of a violation if conduct that would otherwise
constitute a violation is performed to assess compliance with
tobacco, tobacco products, alternative nicotine products, vapor
products, or cigarette laws under specified conditions.
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The bill amends provisions relating to the suspected use of
a falsified driver’s license or nonoperator’s identification
card to purchase cigarettes and tobacco products, to also apply
to the purchase of tobacco, alternative nicotine products and
vapor products; and amends provisions relating to the tobacco
compliance employee training program developed by the alcoholic
beverages division of the department of commerce to address,
in addition to cigarettes and tobacco products, tobacco,
alternative nicotine products, and vapor products.
The bill provides that it is unlawful for a person other
than a retailer who holds a valid retail permit to sell
tobacco, tobacco products, alternative nicotine products,
vapor products, or cigarettes at retail. The bill redefines
“retailer” to include those who sell, in addition to cigarettes
or tobacco products, tobacco, alternative nicotine products,
or vapor products. The bill makes applicable to tobacco,
alternative nicotine products, and vapor products, in addition
to tobacco products and cigarettes, the prohibition against a
retailer selling or offering for sale these products through
the use of a self-service display. The bill includes tobacco,
alternative nicotine products, and vapor products in the
prohibition against giving away samples of these products to
any person under 18 years of age, or within 500 hundred feet
of any playground, school, high school, or other facility when
such facility is being used primarily by persons under age 18
for recreational, educational, or other purposes.
The bill amends the headnote of the scheduled violations
provision relating to smoking to include violations relating
to smoking, tobacco, tobacco products, alternative nicotine
products, vapor products, and cigarettes.
The bill directs the Code editor to modify the title
of Code chapter 453A to read “Cigarette and Tobacco Taxes
and Regulation of Alternative Nicotine Products and Vapor
Products”.
The bill takes effect upon enactment.
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