Bill Text: IA SF154 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act relating to dissolvable products and providing penalties. (See SF 281.)
Spectrum: Partisan Bill (Democrat 13-0)
Status: (Introduced - Dead) 2011-12-31 - END OF 2011 ACTIONS [SF154 Detail]
Download: Iowa-2011-SF154-Introduced.html
Senate
File
154
-
Introduced
SENATE
FILE
154
BY
HOGG
,
McCOY
,
BOLKCOM
,
HATCH
,
RAGAN
,
BOWMAN
,
QUIRMBACH
,
SCHOENJAHN
,
DEARDEN
,
DVORSKY
,
JOCHUM
,
BLACK
,
and
COURTNEY
A
BILL
FOR
An
Act
relating
to
dissolvable
products
and
providing
1
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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154
Section
1.
NEW
SECTION
.
453A.57
Dissolvable
products
——
1
restrictions
——
penalties.
2
1.
Dissolvable
products
shall
not
be
offered
for
sale
or
3
sold
at
retail
in
this
state
unless
the
retail
location
meets
4
all
of
the
following
conditions:
5
a.
The
retail
location
does
not
allow
individuals
under
6
eighteen
years
of
age
to
enter
the
location.
7
b.
Ninety
percent
or
more
of
the
gross
sales
of
the
retail
8
location
is
based
on
the
sale
of
tobacco
or
nicotine
products.
9
c.
The
retail
location
met
the
requirements
of
paragraphs
10
“a”
and
“b”
prior
to
January
1,
2011.
11
2.
A
dissolvable
product
shall
not
be
offered
for
sale,
12
sold,
given,
or
otherwise
supplied
to
an
individual
under
13
eighteen
years
of
age
in
this
state.
14
3.
A
person
who
offers
for
sale
or
sells
dissolvable
15
products
at
retail,
or
who
offers
for
sale,
sells,
gives,
or
16
otherwise
supplies
a
dissolvable
product
to
an
individual
under
17
eighteen
years
of
age
in
this
state,
in
violation
of
this
18
section,
is
subject
to
the
following
civil
penalties:
19
a.
A
two
hundred
dollar
penalty
for
the
first
violation.
20
b.
A
five
hundred
dollar
penalty
for
a
second
violation
21
within
three
years
of
the
first
violation.
22
c.
A
one
thousand
dollar
penalty
for
a
third
or
subsequent
23
violation
within
three
years
of
the
first
violation.
24
4.
For
the
purposes
of
this
section,
“dissolvable
product”
25
means
any
product
containing
tobacco
or
nicotine
that
is
26
intended
or
expected
to
be
used
for
oral
consumption
that
27
does
not
consist
of
loose
tobacco
and
is
offered
in
discrete
28
single-dose
or
single-use
lozenges,
pills,
capsules,
strips,
29
sticks,
orbs,
or
other
single-dose
or
single-use
units,
or
in
30
packages
of
such
single-dose
or
single-use
units.
“Dissolvable
31
product”
does
not
include
any
tobacco
or
nicotine
product
32
that
has
been
approved
by
the
United
States
food
and
drug
33
administration
for
sale
as,
and
is
being
marketed
and
sold
34
solely
as,
a
tobacco
cessation
product;
a
tobacco
dependence
35
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154
product;
a
harm
reduction
product;
or
for
any
other
medical
or
1
pharmacological
purpose.
2
Sec.
2.
CODE
EDITOR
DIRECTIVE.
The
Iowa
Code
editor
3
shall
codify
section
453A.57,
as
enacted
in
this
Act,
as
a
4
separate
division
of
chapter
453A,
and
shall
title
the
division
5
“Dissolvable
Products”.
6
EXPLANATION
7
This
bill
provides
restrictions
on
the
sale
of
dissolvable
8
products
in
the
state
in
new
Code
section
453A.57.
The
bill
9
defines
“dissolvable
products”
as
any
product
containing
10
tobacco
or
nicotine
that
is
intended
or
expected
to
be
used
11
for
oral
consumption
that
does
not
consist
of
loose
tobacco
12
and
is
offered
in
discrete
single-dose
or
single-use
lozenges,
13
pills,
capsules,
strips,
sticks,
orbs,
or
other
single-dose
14
or
single-use
units,
or
in
packages
of
such
single-dose
or
15
single-use
units.
“Dissolvable
product”
does
not
include
any
16
tobacco
or
nicotine
product
that
has
been
approved
by
the
17
United
States
food
and
drug
administration
for
sale
as,
and
is
18
marketed
and
sold
solely
as,
a
tobacco
cessation
product,
a
19
tobacco
dependence
product,
a
harm
reduction
product,
or
for
20
any
other
medical
or
pharmacological
purpose.
21
The
bill
specifies
that
dissolvable
products
shall
not
be
22
offered
for
sale
or
sold
at
retail
in
this
state
unless
the
23
retail
location
meets
three
conditions:
the
retail
location
24
does
not
allow
individuals
under
18
years
of
age
to
enter
the
25
location;
99
percent
or
more
of
the
gross
sales
of
the
retail
26
location
is
based
on
the
sale
of
tobacco
or
nicotine
products;
27
and
the
retail
location
meets
the
first
two
requirements
prior
28
to
January
1,
2011.
29
The
bill
also
provides
that
a
dissolvable
product
shall
not
30
be
offered
for
sale,
sold,
given,
or
otherwise
supplied
to
an
31
individual
under
18
years
of
age
in
the
state.
32
A
person
who
violates
the
provisions
of
the
bill
is
subject
33
to
the
following
civil
penalties:
a
$200
penalty
for
the
34
first
violation;
a
$500
penalty
for
a
second
violation
within
35
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154
three
years
of
the
first
violation;
and
a
$1,000
penalty
for
a
1
third
or
subsequent
violation
within
three
years
of
the
first
2
violation.
3
The
bill
also
directs
the
Code
editor
to
codify
the
new
Code
4
section
as
a
separate
division
in
Code
chapter
453A
entitled
5
“Dissolvable
Products”.
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