Senate File 2016 - Introduced
SENATE FILE
BY QUIRMBACH
A BILL FOR
1 An Act raising the legal age relating to tobacco, tobacco
2 products, alternative nicotine products, vapor products, and
3 cigarettes, and including effective date and applicability
4 provisions.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. Section 453A.2, subsections 1, 2, and 3, Code
1 2 2016, are amended to read as follows:
1 3 1. A person shall not sell, give, or otherwise supply any
1 4 tobacco, tobacco products, alternative nicotine products, vapor
1 5 products, or cigarettes to any person under eighteen twenty=one
1 6 years of age.
1 7 2. A person under eighteen twenty=one years of age shall
1 8 not smoke, use, possess, purchase, or attempt to purchase any
1 9 tobacco, tobacco products, alternative nicotine products, vapor
1 10 products, or cigarettes.
1 11 3. Possession of tobacco, tobacco products, alternative
1 12 nicotine products, vapor products, or cigarettes by an
1 13 individual under eighteen twenty=one years of age does not
1 14 constitute a violation under this section if the individual
1 15 under eighteen twenty=one years of age possesses the tobacco,
1 16 tobacco products, alternative nicotine products, vapor
1 17 products, or cigarettes as part of the individual's employment
1 18 and the individual is employed by a person who holds a valid
1 19 permit under this chapter or who lawfully offers for sale or
1 20 sells cigarettes or tobacco products.
1 21 Sec. 2. Section 453A.2, subsection 8, paragraph a,
1 22 subparagraph (2), Code 2016, is amended to read as follows:
1 23 (2) The compliance effort is conducted with the advance
1 24 knowledge of law enforcement officers and reasonable measures
1 25 are adopted by those conducting the effort to ensure that use
1 26 of tobacco, tobacco products, alternative nicotine products,
1 27 vapor products, or cigarettes by individuals under eighteen
1 28 twenty=one years of age does not result from participation by
1 29 any individual under eighteen twenty=one years of age in the
1 30 compliance effort.
1 31 Sec. 3. Section 453A.5, subsection 1, Code 2016, is amended
1 32 to read as follows:
1 33 1. The alcoholic beverages division of the department of
1 34 commerce shall develop a tobacco compliance employee training
1 35 program not to exceed two hours in length for employees and
2 1 prospective employees of retailers, as defined in sections
2 2 453A.1 and 453A.42, to inform the employees about state and
2 3 federal laws and regulations regarding the sale of tobacco,
2 4 tobacco products, alternative nicotine products, vapor
2 5 products, and cigarettes to persons under eighteen twenty=one
2 6 years of age and compliance with and the importance of laws
2 7 regarding the sale of tobacco, tobacco products, alternative
2 8 nicotine products, vapor products, and cigarettes to persons
2 9 under eighteen twenty=one years of age.
2 10 Sec. 4. Section 453A.36, subsection 6, Code 2016, is amended
2 11 to read as follows:
2 12 6. Any sales of tobacco, tobacco products, alternative
2 13 nicotine products, vapor products, or cigarettes made through a
2 14 cigarette vending machine are subject to rules and penalties
2 15 relative to retail sales of tobacco, tobacco products,
2 16 alternative nicotine products, vapor products, and cigarettes
2 17 provided for in this chapter. Cigarettes shall not be sold
2 18 through any cigarette vending machine unless the cigarettes
2 19 have been properly stamped or metered as provided by this
2 20 division, and in case of violation of this provision, the
2 21 permit of the dealer authorizing retail sales of cigarettes
2 22 shall be revoked. Payment of the permit fee as provided
2 23 in section 453A.13 authorizes a cigarette vendor to sell
2 24 tobacco, tobacco products, alternative nicotine products, vapor
2 25 products, and cigarettes through vending machines. However,
2 26 tobacco, tobacco products, alternative nicotine products,
2 27 vapor products, and cigarettes shall not be sold through a
2 28 vending machine unless the vending machine is located in a
2 29 place where the retailer ensures that no person younger than
2 30 eighteen twenty=one years of age is present or permitted to
2 31 enter at any time. Tobacco, tobacco products, alternative
2 32 nicotine products, vapor products, and cigarettes shall not be
2 33 sold through any cigarette vending machine if such products
2 34 are placed together with any nontobacco product, other than
2 35 matches, in the cigarette vending machine. This section does
3 1 not require a retail permit holder to buy a cigarette vendor's
3 2 permit if the retail permit holder is in fact the owner of the
3 3 cigarette vending machines and the machines are operated in the
3 4 location described in the retail permit.
3 5 Sec. 5. Section 453A.39, subsection 2, paragraphs b and c,
3 6 Code 2016, are amended to read as follows:
3 7 b. A manufacturer, distributor, wholesaler, retailer, or
3 8 distributing agent or agent thereof shall not give away any
3 9 tobacco, tobacco products, alternative nicotine products, vapor
3 10 products, or cigarettes to any person under eighteen twenty=one
3 11 years of age, or within five hundred feet of any playground,
3 12 school, high school, or other facility when such facility is
3 13 being used primarily by persons under age eighteen twenty=one
3 14 for recreational, educational, or other purposes.
3 15 c. Proof of age shall be required if a reasonable person
3 16 could conclude on the basis of outward appearance that a
3 17 prospective recipient of a sample may be under eighteen
3 18 twenty=one years of age.
3 19 Sec. 6. EFFECTIVE DATE. This Act takes effect January 1,
3 20 2017.
3 21 Sec. 7. APPLICABILITY. This Act shall not apply to any
3 22 person who is eighteen years of age or older before January
3 23 1, 2017, and at such time could lawfully smoke, use, possess,
3 24 purchase, or attempt to purchase tobacco, tobacco products,
3 25 alternative nicotine products, vapor products, or cigarettes.
3 26 EXPLANATION
3 27 The inclusion of this explanation does not constitute agreement with
3 28 the explanation's substance by the members of the general assembly.
3 29 This bill provides that, beginning January 1, 2017, the
3 30 legal age relative to tobacco, tobacco products, alternative
3 31 nicotine products, vapor products, and cigarettes is 21 years
3 32 of age. The bill provides that a person shall not sell, give,
3 33 or otherwise supply any tobacco, tobacco products, alternative
3 34 nicotine products, vapor products, or cigarettes to any person
3 35 under 21 years of age; that a person under 21 years of age shall
4 1 not smoke, use, possess, purchase, or attempt to purchase any
4 2 tobacco, tobacco products, alternative nicotine products, vapor
4 3 products, or cigarettes. The bill makes conforming changes
4 4 in the Code for exceptions to possession of tobacco, tobacco
4 5 products, alternative nicotine products, vapor products, or
4 6 cigarettes by an individual under 21 years of age if the
4 7 individual possesses the product as part of the individual's
4 8 employment and if the individual is involved in a compliance
4 9 effort. The bill also provides that relative to vending
4 10 machines, tobacco, tobacco products, alternative nicotine
4 11 products, vapor products, and cigarettes shall not be sold
4 12 through a vending machine unless the vending machine is located
4 13 in a place where the retailer ensures that no person younger
4 14 than 21 years of age is present or permitted to enter at any
4 15 time. The bill also provides that for the purposes of giving
4 16 away these products or providing samples, the recipient must be
4 17 21 years of age or older.
4 18 The bill is not applicable to any person who is 18 years of
4 19 age or older before January 1, 2017, and at such time could
4 20 lawfully smoke, use, posses, purchase, or attempt to purchase
4 21 tobacco, tobacco products, alternative nicotine products, vapor
4 22 products, or cigarettes.
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