Bill Text: IA SF2151 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to tobacco, tobacco products, alternative nicotine products, vapor products, and cigarettes, providing penalties and making penalties applicable, and including effective date provisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-02-10 - Subcommittee: Chapman, Bisignano, and Schultz. S.J. 260. [SF2151 Detail]
Download: Iowa-2019-SF2151-Introduced.html
Senate
File
2151
-
Introduced
SENATE
FILE
2151
BY
BOLKCOM
A
BILL
FOR
An
Act
relating
to
tobacco,
tobacco
products,
alternative
1
nicotine
products,
vapor
products,
and
cigarettes,
providing
2
penalties
and
making
penalties
applicable,
and
including
3
effective
date
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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DIVISION
I
1
FINDINGS
AND
PURPOSE
2
Section
1.
FINDINGS
AND
PURPOSE.
3
1.
The
state
of
Iowa
recognizes
that
the
use
of
tobacco
4
products
has
devastating
health
and
economic
consequences.
5
2.
According
to
the
preventing
tobacco
addiction
6
foundation:
7
a.
Commercial
tobacco
use
is
the
foremost
preventable
cause
8
of
premature
death
in
America,
causing
nearly
half
a
million
9
deaths
annually
and
being
responsible
for
over
twenty
million
10
premature
deaths
in
the
United
States
since
the
first
surgeon
11
general
of
the
United
States’
report
on
smoking
in
1964.
12
b.
Tobacco
product
use
leads
to
more
than
three
hundred
13
billion
dollars
in
health
care
and
lost
worker
productivity
14
costs
each
year.
15
c.
Local
governments
recognize
that
young
people
are
16
particularly
susceptible
to
the
addictive
properties
of
tobacco
17
products,
and
youth
that
begin
using
tobacco
products
are
18
particularly
likely
to
become
lifelong
users.
19
d.
Young
brains
are
particularly
susceptible
to
the
20
addictive
properties
of
nicotine,
resulting
in
approximately
21
three
out
of
four
teen
smokers
smoking
into
adulthood.
22
e.
Over
five
million
of
today’s
American
youth
aged
zero
to
23
seventeen
are
projected
to
die
prematurely
from
a
commercial
24
tobacco-related
illness
if
prevalence
rates
do
not
change.
25
f.
National
data
show
that
about
ninety-five
percent
of
26
adults
who
smoke
begin
smoking
before
they
turn
twenty-one
and
27
the
time
between
ages
eighteen
and
twenty
is
a
critical
period
28
when
many
adults
who
smoke
move
from
experimental
smoking
to
29
regular,
daily
use.
30
g.
Data
from
the
national
youth
tobacco
survey
demonstrates
31
that
youth
use
of
electronic
cigarettes
continues
to
increase.
32
The
overall
use
rate
of
electronic
cigarettes
among
youth
33
continues
to
be
higher
than
other
forms
of
tobacco
and
has
34
stymied
previous
progress
in
the
reduction
of
the
overall
35
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tobacco
use
rate
for
youth.
Furthermore,
the
popularity
1
among
youth
of
newer
products,
such
as
the
brand
JUUL,
which
2
currently
dominates
the
market,
is
likely
responsible
for
the
3
significant
increase
of
electronic
cigarette
usage
among
high
4
school
students.
5
h.
In
2015,
the
institute
of
medicine,
now
the
national
6
academy
of
medicine,
concluded
that
raising
the
minimum
legal
7
sales
age
for
tobacco
products
nationwide
would
reduce
tobacco
8
initiation,
particularly
among
adolescents
aged
fifteen
to
9
seventeen,
improve
health
across
the
lifespan,
and
save
lives;
10
and
that
raising
the
minimum
legal
sales
age
for
tobacco
11
products
nationwide
to
twenty-one
would,
over
time,
lead
to
a
12
twelve
percent
decrease
in
smoking
prevalence.
13
i.
The
institute
of
medicine
also
predicted
that
raising
14
the
minimum
legal
sales
age
for
tobacco
products
nationwide
to
15
twenty-one
would
result
in
over
two
hundred
and
twenty
thousand
16
fewer
premature
deaths,
fifty
thousand
fewer
deaths
from
lung
17
cancer,
and
over
four
million
fewer
years
of
life
lost
for
18
those
born
between
the
years
2000
and
2019,
and
would
result
in
19
near
immediate
reductions
in
preterm
birth,
low
birth
weight,
20
and
sudden
infant
death
syndrome.
21
j.
A
growing
number
of
state
and
local
jurisdictions
have
22
enacted
minimum
legal
sales
age
twenty-one
policies
to
further
23
restrict
access
to
commercial
tobacco.
24
k.
Three-quarters
of
adults
support
raising
the
minimum
25
legal
sales
age
for
tobacco
products
to
twenty-one,
including
26
seven
out
of
ten
adults
who
smoke.
27
l.
The
financial
impact
of
tobacco
minimum
legal
sales
28
age
twenty-one
policies
on
retailers
is
likely
to
be
minimal.
29
Minimum
legal
sales
age
twenty-one
policies
work
gradually
30
over
time
to
reduce
rates
of
smoking
initiation
and
smoking
31
prevalence.
As
a
result,
it
is
likely
that
there
will
be
32
little
short-term
effect
on
tobacco
sales
revenue.
33
m.
Raising
the
minimum
legal
sales
age
of
tobacco
34
products
is
consistent
with
raising
the
legal
drinking
age
to
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twenty-one,
which
led
to
reduced
alcohol
use
and
dependence
1
among
youth,
and
contributed
to
the
decline
in
drunk
driving
2
fatalities.
3
n.
Local
governments
have
used
their
authority
to
4
enact
tobacco
control
policies
to
protect
communities
from
5
tobacco-related
harms
and
youth
tobacco
initiation.
6
3.
The
purpose
of
these
findings
is
to
provide
guidance
7
to
policymakers
and
the
public
and
to
clearly
identify
the
8
problems
to
be
addressed
and
the
rationale
for
the
policy
to
be
9
implemented
in
this
Act.
10
DIVISION
II
11
TOBACCO,
TOBACCO
PRODUCT,
AND
CIGARETTE
REGULATION
AND
TAXATION
12
Sec.
2.
Section
142D.9,
subsection
1,
Code
2020,
is
amended
13
to
read
as
follows:
14
1.
A
person
who
smokes
in
an
area
where
smoking
is
15
prohibited
pursuant
to
this
chapter
shall
pay
a
civil
penalty
16
pursuant
to
section
805.8C,
subsection
3
,
paragraph
“a”
,
for
17
each
violation.
18
Sec.
3.
Section
321.216C,
Code
2020,
is
amended
to
read
as
19
follows:
20
321.216C
Use
of
driver’s
license
or
nonoperator’s
21
identification
card
by
underage
person
to
obtain
tobacco,
tobacco
22
products,
alternative
nicotine
products,
vapor
products,
or
23
cigarettes.
24
A
person
who
is
under
the
age
of
eighteen
twenty-one
,
25
who
alters
or
displays
or
has
in
the
person’s
possession
26
a
fictitious
or
fraudulently
altered
driver’s
license
or
27
nonoperator’s
identification
card
and
who
uses
the
license
28
or
card
to
violate
or
attempt
to
violate
section
453A.2,
29
subsection
2
,
commits
a
simple
misdemeanor
punishable
as
a
30
scheduled
violation
under
section
805.8A,
subsection
4
.
The
31
court
shall
forward
a
copy
of
the
conviction
to
the
department.
32
is
subject
to
the
following:
33
1.
For
a
first
offense,
performance
of
eight
hours
of
34
community
work
requirements.
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2.
For
a
second
offense,
performance
of
twelve
hours
of
1
community
work
requirements.
2
3.
For
a
third
or
subsequent
offense,
performance
of
sixteen
3
hours
of
community
work
requirements.
4
Sec.
4.
Section
453A.1,
subsections
1,
21,
23,
28,
and
29,
5
Code
2020,
are
amended
to
read
as
follows:
6
1.
“Alternative
nicotine
product”
means
a
product,
not
7
consisting
of
or
containing
tobacco,
that
provides
for
the
8
ingestion
into
the
body
of
nicotine,
whether
by
chewing,
9
absorbing,
dissolving,
inhaling,
snorting,
or
sniffing,
or
10
by
any
other
means.
“Alternative
nicotine
product”
does
not
11
include
cigarettes,
tobacco
products,
or
vapor
products,
or
12
a
product
that
is
regulated
authorized
for
sale
as
a
drug
or
13
device
by
the
United
States
food
and
drug
administration
under
14
chapter
V
of
the
federal
Food,
Drug,
and
Cosmetic
Act.
15
21.
“Place
of
business”
is
construed
to
mean
and
include
any
16
place
where
cigarettes
are
sold
or
where
cigarettes
are
stored
17
within
or
without
the
state
of
Iowa
by
the
holder
of
an
Iowa
18
permit
or
kept
for
the
purpose
of
sale
or
consumption;
or
if
19
sold
from
any
vehicle
or
train,
the
vehicle
or
train
on
which
20
or
from
which
such
cigarettes
are
sold
shall
constitute
a
place
21
of
business
;
or
for
a
business
within
or
without
the
state
that
22
conducts
delivery
sales,
any
place
where
alternative
nicotine
23
products
or
vapor
products
are
sold
or
where
alternative
24
nicotine
products
or
vapor
products
are
kept
for
the
purpose
25
of
sale
.
26
23.
“Retailer”
shall
mean
and
include
every
person
in
27
this
state
who
shall
sell,
distribute,
or
offer
for
sale
for
28
consumption
or
possess
for
the
purpose
of
sale
for
consumption,
29
cigarettes,
alternative
nicotine
products,
or
vapor
products
30
irrespective
of
quantity
or
amount
or
the
number
of
sales.
31
28.
“Tobacco
products”
means
any
product,
or
component,
32
part,
or
accessory
of
such
product,
containing,
made
in
33
whole
or
in
part
from,
ordinarily
derived
from,
or
designed
34
to
deliver
tobacco,
a
tobacco
substitute,
or
nicotine,
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and
intended
for
human
consumption
whether
by
chewing,
1
absorbing,
dissolving,
inhaling,
snorting,
sniffing,
ingesting,
2
vaporizing,
or
by
any
other
means.
“Tobacco
products”
includes
3
but
is
not
limited
to
alternative
nicotine
products
and
vapor
4
products;
cigars;
little
cigars
as
defined
in
section
453A.42,
5
subsection
6
;
cheroots;
stogies;
periques;
granulated;
plug
6
cut,
crimp
cut,
ready
rubbed,
and
other
smoking
tobacco;
snuff,
7
snuff
flour;
cavendish;
plug
and
twist
tobacco;
fine-cut
and
8
other
chewing
tobaccos;
shorts;
or
refuse
scraps,
clippings,
9
cuttings
and
sweepings
of
tobacco,
and
other
kinds
and
forms
of
10
tobacco
,
prepared
in
such
manner
as
to
be
suitable
for
chewing
11
or
smoking
in
a
pipe
or
otherwise,
or
both
for
chewing
and
12
smoking
;
but
does
not
mean
include
cigarettes.
13
29.
“Vapor
product”
means
any
noncombustible
product
,
14
which
may
or
may
not
contain
nicotine,
that
employs
a
heating
15
element,
power
source,
electronic
circuit,
or
other
electronic,
16
chemical,
or
mechanical
means,
regardless
of
shape
or
size,
17
that
can
be
used
to
produce
vapor
from
a
solution
or
other
18
substance
or
device
that
may
be
used
to
deliver
any
aerosolized
19
or
vaporized
substance
to
the
person
using
the
device
.
“Vapor
20
product”
includes
an
electronic
cigarette,
electronic
cigar,
21
electronic
cigarillo,
electronic
pipe,
electronic
hookah,
a
22
vape
pen,
or
similar
product
or
device,
and
any
cartridge
or
23
other
container
of
a
solution
or
other
substance,
which
may
24
or
may
not
contain
nicotine,
that
is
intended
to
be
used
with
25
or
in
an
electronic
cigarette,
electronic
cigar,
electronic
26
cigarillo,
electronic
pipe,
or
similar
product
or
device
27
includes
any
component,
part,
or
accessory
of
the
product
28
or
device,
and
any
substance
intended
to
be
aerosolized
or
29
vaporized
during
the
use
of
the
device,
whether
or
not
the
30
substance
contains
nicotine
.
“Vapor
product”
does
not
include
31
a
product
regulated
authorized
for
sale
as
a
drug
or
device
by
32
the
United
States
food
and
drug
administration
under
chapter
V
33
of
the
federal
Food,
Drug,
and
Cosmetic
Act.
34
Sec.
5.
Section
453A.1,
subsection
8,
Code
2020,
is
amended
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by
striking
the
subsection.
1
Sec.
6.
Section
453A.2,
subsections
1,
2,
3,
and
8,
Code
2
2020,
are
amended
to
read
as
follows:
3
1.
A
person
shall
not
sell,
give,
or
otherwise
supply
any
4
tobacco,
tobacco
products,
alternative
nicotine
products,
vapor
5
products,
or
cigarettes
to
any
person
under
eighteen
twenty-one
6
years
of
age.
7
2.
A
person
under
eighteen
twenty-one
years
of
age
shall
8
not
smoke,
use,
possess,
purchase,
or
attempt
to
purchase
any
9
tobacco,
tobacco
products,
alternative
nicotine
products,
vapor
10
products,
or
cigarettes.
11
3.
Possession
of
tobacco,
tobacco
products,
alternative
12
nicotine
products,
vapor
products,
or
cigarettes
by
an
13
individual
under
eighteen
twenty-one
years
of
age
does
not
14
constitute
a
violation
under
this
section
if
the
individual
15
under
eighteen
twenty-one
years
of
age
possesses
the
tobacco,
16
tobacco
products,
alternative
nicotine
products,
vapor
17
products,
or
cigarettes
as
part
of
the
individual’s
employment
18
and
the
individual
is
employed
by
a
person
who
holds
a
valid
19
permit
under
this
chapter
or
who
lawfully
offers
for
sale
or
20
sells
cigarettes
,
tobacco,
or
tobacco
products.
21
8.
a.
A
person
shall
not
be
guilty
of
a
violation
of
this
22
section
if
conduct
that
would
otherwise
constitute
a
violation
23
is
performed
to
assess
compliance
with
tobacco,
tobacco
24
products,
alternative
nicotine
products,
vapor
products,
or
25
cigarette
laws
if
any
of
the
following
applies:
26
(1)
The
compliance
effort
is
conducted
by
or
under
the
27
supervision
of
law
enforcement
officers.
28
(2)
The
compliance
effort
is
conducted
with
the
advance
29
knowledge
of
law
enforcement
officers
and
reasonable
measures
30
are
adopted
by
those
conducting
the
effort
to
ensure
that
use
31
of
tobacco,
tobacco
products,
alternative
nicotine
products,
32
vapor
products,
or
cigarettes
by
individuals
under
eighteen
33
twenty-one
years
of
age
does
not
result
from
participation
by
34
any
individual
under
eighteen
twenty-one
years
of
age
in
the
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compliance
effort.
1
b.
For
the
purposes
of
this
subsection
,
“law
enforcement
2
officer”
means
a
peace
officer
as
defined
in
section
801.4
and
3
includes
persons
designated
under
subsection
4
to
enforce
this
4
section
.
5
Sec.
7.
Section
453A.2,
Code
2020,
is
amended
by
adding
the
6
following
new
subsection:
7
NEW
SUBSECTION
.
2A.
A
retailer,
as
defined
in
section
8
453A.1
or
453A.42,
shall
not
sell,
permit
the
sale
of,
or
9
otherwise
supply
tobacco,
tobacco
products,
or
cigarettes
10
unless
a
notice
is
posted
at
any
place
of
business
or
retail
11
outlet,
as
applicable,
stating
that
a
person
under
twenty-one
12
years
of
age
shall
not
purchase
or
attempt
to
purchase
any
13
tobacco,
tobacco
products,
or
cigarettes.
The
notice
shall
be
14
posted
in
a
manner
conspicuous
to
both
employees
and
consumers,
15
with
the
entire
notice
unobstructed
from
view,
and
within
six
16
feet
of
each
register
where
tobacco,
tobacco
products,
or
17
cigarettes
are
available
for
purchase.
The
notice
shall
be
at
18
least
fourteen
inches
long
by
eleven
inches
wide
and
shall
be
19
legibly
printed
in
a
high-contrast
red
color
with
capitalized
20
letters
at
least
one
inch
high.
21
Sec.
8.
Section
453A.3,
Code
2020,
is
amended
to
read
as
22
follows:
23
453A.3
Penalty.
24
1.
a.
A
person,
other
than
a
retailer
as
defined
in
section
25
453A.1
or
453A.42
,
who
violates
section
453A.2,
subsection
1
,
26
is
guilty
of
a
simple
misdemeanor.
27
b.
An
employee
of
a
retailer
as
defined
in
section
453A.1
28
or
453A.42
,
who
violates
section
453A.2,
subsection
1
,
commits
29
a
simple
misdemeanor
punishable
as
a
scheduled
violation
under
30
section
805.8C,
subsection
3
,
paragraph
“b”
.
is
subject
to
all
31
of
the
following:
32
(1)
Voiding
of
any
valid
certification
of
completion
of
33
tobacco
compliance
training
as
specified
in
section
453A.5,
34
subsection
3,
and
required
completion
of
subsequent
tobacco
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compliance
employee
training.
1
(2)
One
of
the
following,
as
applicable:
2
(a)
For
a
first
offense,
performance
of
eight
hours
of
3
community
work
requirements,
unless
waived
by
the
court.
4
(b)
For
a
second
offense,
performance
of
twelve
hours
of
5
community
work
requirements.
6
(c)
For
a
third
or
subsequent
offense,
performance
of
7
sixteen
hours
of
community
work
requirements.
8
2.
A
person
who
violates
section
453A.2,
subsection
2
,
is
9
subject
to
the
following,
as
applicable:
10
a.
A
civil
penalty
pursuant
to
section
805.8C,
subsection
3
,
11
paragraph
“c”
.
Notwithstanding
section
602.8106
or
any
other
12
provision
to
the
contrary,
any
civil
penalty
paid
under
this
13
subsection
shall
be
retained
by
the
city
or
county
enforcing
14
the
violation.
15
b.
For
a
first
offense,
performance
of
eight
hours
of
16
community
work
requirements,
unless
waived
by
the
court.
17
c.
b.
For
a
second
offense,
performance
of
twelve
hours
of
18
community
work
requirements.
19
d.
c.
For
a
third
or
subsequent
offense,
performance
of
20
sixteen
hours
of
community
work
requirements.
21
Sec.
9.
Section
453A.4,
subsection
1,
Code
2020,
is
amended
22
to
read
as
follows:
23
1.
If
a
person
holding
a
permit
under
this
chapter
or
an
24
employee
of
such
a
permittee
has
a
reasonable
belief
based
on
25
factual
evidence
that
a
driver’s
license
as
defined
in
section
26
321.1,
subsection
20A,
or
nonoperator’s
identification
card
27
issued
pursuant
to
section
321.190
offered
by
a
person
who
28
wishes
to
purchase
tobacco,
tobacco
products,
alternative
29
nicotine
products,
vapor
products,
or
cigarettes
is
altered
30
or
falsified
or
belongs
to
another
person,
the
permittee
or
31
employee
may
retain
the
driver’s
license
or
nonoperator’s
32
identification
card.
Within
twenty-four
hours,
the
card
shall
33
be
delivered
to
the
appropriate
city
or
county
law
enforcement
34
agency
of
the
jurisdiction
in
which
the
permittee’s
premises
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are
located,
and
the
permittee
shall
file
a
written
report
of
1
the
circumstances
under
which
the
card
was
retained.
The
local
2
law
enforcement
agency
may
investigate
whether
a
violation
3
of
section
321.216
,
321.216A
,
or
321.216C
has
occurred.
If
4
an
investigation
is
not
initiated
or
probable
cause
is
not
5
established
by
the
local
law
enforcement
agency,
the
driver’s
6
license
or
nonoperator’s
identification
card
shall
be
delivered
7
to
the
person
to
whom
it
was
issued.
The
local
law
enforcement
8
agency
may
forward
the
card
with
the
report
to
the
state
9
department
of
transportation
for
investigation,
in
which
10
case,
the
state
department
of
transportation
may
investigate
11
whether
a
violation
of
section
321.216
,
321.216A
,
or
321.216C
12
has
occurred.
The
state
department
of
transportation
shall
13
return
the
card
to
the
person
to
whom
it
was
issued
if
an
14
investigation
is
not
initiated
or
probable
cause
is
not
15
established.
16
Sec.
10.
Section
453A.5,
subsection
1,
Code
2020,
is
amended
17
to
read
as
follows:
18
1.
The
alcoholic
beverages
division
of
the
department
of
19
commerce
shall
develop
a
tobacco
compliance
employee
training
20
program
not
to
exceed
two
hours
in
length
for
employees
and
21
prospective
employees
of
retailers,
as
defined
in
sections
22
453A.1
and
453A.42
,
to
inform
the
employees
about
state
and
23
federal
laws
and
regulations
regarding
the
sale
of
tobacco,
24
tobacco
products,
alternative
nicotine
products,
vapor
25
products,
and
cigarettes
to
persons
under
eighteen
twenty-one
26
years
of
age
and
compliance
with
and
the
importance
of
laws
27
regarding
the
sale
of
tobacco,
tobacco
products,
alternative
28
nicotine
products,
vapor
products,
and
cigarettes
to
persons
29
under
eighteen
twenty-one
years
of
age.
30
Sec.
11.
NEW
SECTION
.
453A.5A
Compliance
checks
for
tobacco
31
retail
outlets.
32
The
division
of
tobacco
use
prevention
and
control
of
the
33
department
of
public
health
shall
enter
into
a
memorandum
of
34
understanding
with
the
alcoholic
beverages
division
of
the
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department
of
commerce
governing
compliance
checks
conducted
1
to
ensure
the
conformance
of
a
licensed
retailer
as
defined
in
2
section
453A.1
or
453A.42
with
tobacco,
tobacco
product,
and
3
cigarette
regulations,
and
ordinances
relating
to
persons
under
4
twenty-one
years
of
age,
to
provide
for
a
minimum
number
of
5
two
checks
per
place
of
business
or
retail
outlet
as
defined
6
in
section
453A.42
from
which
tobacco,
tobacco
products,
or
7
cigarettes
are
sold
to
consumers.
8
Sec.
12.
Section
453A.13,
subsections
1,
6,
9,
and
10,
Code
9
2020,
are
amended
to
read
as
follows:
10
1.
Permits
required.
Every
distributor,
wholesaler,
11
cigarette
vendor,
and
retailer,
now
engaged
or
who
desires
to
12
become
engaged
in
the
sale
or
use
of
cigarettes,
upon
which
a
13
tax
is
required
to
be
paid,
and
every
retailer
now
engaged
or
14
who
desires
to
become
engaged
in
selling,
offering
for
sale,
or
15
distributing
alternative
nicotine
products
or
vapor
products,
16
including
through
delivery
sales,
shall
obtain
a
state
or
17
retail
permit
as
a
distributor,
wholesaler,
cigarette
vendor,
18
or
retailer,
as
the
case
may
be.
19
6.
No
sales
without
permit.
A
distributor,
wholesaler,
20
cigarette
vendor,
or
retailer
shall
not
sell
any
cigarettes
,
21
alternative
nicotine
products,
or
vapor
products
until
such
22
application
has
been
filed
and
the
fee
prescribed
paid
for
a
23
permit
and
until
such
permit
is
obtained
and
only
while
such
24
permit
is
unrevoked
and
unexpired.
25
9.
Permit
——
form
and
contents.
Each
permit
issued
shall
26
describe
clearly
the
place
of
business
for
which
it
is
issued,
27
shall
be
nonassignable,
consecutively
numbered,
designating
the
28
kind
of
permit,
and
shall
authorize
the
sale
of
cigarettes
,
29
alternative
nicotine
products,
or
vapor
products
in
this
30
state
subject
to
the
limitations
and
restrictions
herein
31
contained.
The
retail
permits
shall
be
upon
forms
furnished
by
32
the
department
or
on
forms
made
available
or
approved
by
the
33
department.
34
10.
Permit
displayed.
The
permit
shall,
at
all
times,
be
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publicly
displayed
by
the
distributor,
wholesaler,
or
retailer
1
at
the
place
of
business
so
as
to
be
easily
seen
by
the
public
2
and
the
persons
authorized
to
inspect
the
place
of
business.
3
The
proprietor
or
keeper
of
any
building
or
place
where
4
cigarettes,
alternative
nicotine
products,
vapor
products,
5
tobacco,
or
tobacco
products
are
kept
for
sale,
or
with
intent
6
to
sell,
shall
upon
request
of
any
agent
of
the
department
or
7
any
peace
officer
exhibit
the
permit.
A
refusal
or
failure
to
8
exhibit
the
permit
is
prima
facie
evidence
that
the
cigarettes,
9
alternative
nicotine
products,
vapor
products,
tobacco,
or
10
tobacco
products
are
kept
for
sale
or
with
intent
to
sell
in
11
violation
of
this
subchapter
.
12
Sec.
13.
Section
453A.13,
subsection
2,
paragraph
a,
Code
13
2020,
is
amended
to
read
as
follows:
14
a.
The
department
shall
issue
state
permits
to
distributors,
15
wholesalers,
and
cigarette
vendors,
and
retailers
that
16
make
delivery
sales
of
alternative
nicotine
products
and
17
vapor
products,
subject
to
the
conditions
provided
in
this
18
subchapter
.
If
an
out-of-state
retailer
makes
delivery
19
sales
of
alternative
nicotine
products
or
vapor
products,
an
20
application
shall
be
filed
with
the
department
and
a
permit
21
shall
be
issued
for
the
out-of-state
retailer’s
principal
place
22
of
business.
Cities
may
issue
retail
permits
to
retailers
23
with
a
place
of
business
located
within
their
respective
24
limits.
County
boards
of
supervisors
may
issue
retail
permits
25
to
retailers
with
a
place
of
business
in
their
respective
26
counties,
outside
of
the
corporate
limits
of
cities.
27
Sec.
14.
Section
453A.36,
subsection
6,
Code
2020,
is
28
amended
to
read
as
follows:
29
6.
Any
sales
of
tobacco,
tobacco
products,
alternative
30
nicotine
products,
vapor
products,
or
cigarettes
made
through
a
31
cigarette
vending
machine
are
subject
to
rules
and
penalties
32
relative
to
retail
sales
of
tobacco,
tobacco
products,
33
alternative
nicotine
products,
vapor
products,
and
cigarettes
34
provided
for
in
this
chapter
.
Cigarettes
shall
not
be
sold
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through
any
cigarette
vending
machine
unless
the
cigarettes
1
have
been
properly
stamped
or
metered
as
provided
by
this
2
subchapter
,
and
in
case
of
violation
of
this
provision,
the
3
permit
of
the
dealer
authorizing
retail
sales
of
cigarettes
4
shall
be
revoked.
Payment
of
the
permit
fee
as
provided
5
in
section
453A.13
authorizes
a
cigarette
vendor
to
sell
6
tobacco,
tobacco
products,
alternative
nicotine
products,
vapor
7
products,
and
cigarettes
through
vending
machines.
However,
8
tobacco,
tobacco
products,
alternative
nicotine
products,
9
vapor
products,
and
cigarettes
shall
not
be
sold
through
a
10
vending
machine
unless
the
vending
machine
is
located
in
a
11
place
where
the
retailer
ensures
that
no
person
younger
than
12
eighteen
twenty-one
years
of
age
is
present
or
permitted
to
13
enter
at
any
time.
Tobacco,
tobacco
products,
alternative
14
nicotine
products,
vapor
products,
and
cigarettes
shall
not
be
15
sold
through
any
cigarette
vending
machine
if
such
products
16
are
placed
together
with
any
nontobacco
product,
other
than
17
matches,
in
the
cigarette
vending
machine.
This
section
does
18
not
require
a
retail
permit
holder
to
buy
a
cigarette
vendor’s
19
permit
if
the
retail
permit
holder
is
in
fact
the
owner
of
the
20
cigarette
vending
machines
and
the
machines
are
operated
in
the
21
location
described
in
the
retail
permit.
22
Sec.
15.
Section
453A.36,
subsection
7,
paragraph
a,
Code
23
2020,
is
amended
to
read
as
follows:
24
a.
It
shall
be
unlawful
for
a
person
other
than
a
retailer
25
as
defined
in
section
453A.1
or
453A.42
who
holds
a
valid
26
retail
permit,
as
applicable,
to
sell
tobacco,
tobacco
27
products,
alternative
nicotine
products,
vapor
products,
or
28
cigarettes
at
retail.
29
Sec.
16.
Section
453A.36A,
subsection
1,
Code
2020,
is
30
amended
to
read
as
follows:
31
1.
Except
as
provided
in
section
453A.36,
subsection
6
,
32
a
retailer
shall
not
sell
or
offer
for
sale
tobacco,
tobacco
33
products,
alternative
nicotine
products,
vapor
products,
or
34
cigarettes
through
the
use
of
a
self-service
display.
35
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Sec.
17.
Section
453A.39,
Code
2020,
is
amended
to
read
as
1
follows:
2
453A.39
Tobacco,
tobacco
products,
alternative
nicotine
3
products,
vapor
products,
and
cigarette
samples
——
restrictions
4
——
administration.
5
1.
A
manufacturer,
distributor,
wholesaler,
retailer,
6
or
distributing
agent,
or
agent
thereof,
shall
not
give
7
away
cigarettes
,
tobacco,
or
tobacco
products
at
any
time
8
in
connection
with
the
manufacturer’s,
distributor’s,
9
wholesaler’s,
retailer’s,
or
distributing
agent’s
business
or
10
for
promotion
of
the
business
or
product,
except
as
provided
in
11
subsection
2
.
12
2.
a.
All
cigarette
samples
shall
be
shipped
only
to
a
13
distributor
that
has
a
permit
to
stamp
cigarettes
or
little
14
cigars
with
Iowa
tax.
All
cigarette
samples
must
have
a
15
cigarette
stamp.
The
manufacturer
shipping
samples
under
this
16
section
shall
send
an
affidavit
to
the
director
stating
the
17
shipment
information,
including
the
date
shipped,
quantity,
and
18
to
whom
the
samples
were
shipped.
The
distributor
receiving
19
the
shipment
shall
send
an
affidavit
to
the
director
stating
20
the
shipment
information,
including
the
date
shipped,
quantity,
21
and
from
whom
the
samples
were
shipped.
These
affidavits
shall
22
be
duly
notarized
and
submitted
to
the
director
at
the
time
of
23
shipment
and
receipt
of
the
samples.
The
distributor
shall
24
pay
the
tax
on
samples
by
separate
remittance
along
with
the
25
affidavit.
26
b.
A
manufacturer,
distributor,
wholesaler,
retailer,
27
or
distributing
agent
or
agent
thereof
of
a
manufacturer,
28
distributor,
wholesaler,
retailer,
or
distributing
agent
shall
29
not
give
away
any
tobacco,
tobacco
products,
alternative
30
nicotine
products,
vapor
products,
or
cigarettes
to
any
person
31
under
eighteen
twenty-one
years
of
age,
or
within
five
hundred
32
feet
of
any
playground,
school,
high
school,
or
other
facility
33
when
such
facility
is
being
used
primarily
by
persons
under
age
34
eighteen
twenty-one
for
recreational,
educational,
or
other
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purposes.
1
c.
Proof
of
age
shall
be
required
if
a
reasonable
person
2
could
conclude
on
the
basis
of
outward
appearance
that
a
3
prospective
recipient
of
a
sample
may
be
under
eighteen
4
twenty-one
years
of
age.
5
Sec.
18.
Section
453A.42,
subsections
11
and
16,
Code
2020,
6
are
amended
to
read
as
follows:
7
11.
“Retailer”
means
any
person
engaged
in
the
business
8
of
selling
tobacco
,
or
tobacco
products
,
alternative
nicotine
9
products,
or
vapor
products
to
ultimate
consumers.
10
16.
“Tobacco
products”
means
any
product,
or
component,
11
part,
or
accessory
of
such
product,
containing,
made
in
12
whole
or
in
part
from,
ordinarily
derived
from,
or
designed
13
to
deliver
tobacco,
a
tobacco
substitute,
or
nicotine,
14
and
intended
for
human
consumption
whether
by
chewing,
15
absorbing,
dissolving,
inhaling,
snorting,
sniffing,
ingesting,
16
vaporizing,
or
by
any
other
means.
“Tobacco
products”
includes
17
but
is
not
limited
to
alternative
nicotine
products
and
18
vapor
products;
cigars;
little
cigars
as
defined
herein;
19
cheroots;
stogies;
periques;
granulated,
plug
cut,
crimp
cut,
20
ready
rubbed,
and
other
smoking
tobacco;
snuff;
snuff
flour
21
cavendish;
plug
and
twist
tobacco;
fine-cut
and
other
chewing
22
tobaccos;
shorts;
or
refuse
scraps,
clippings,
cuttings
and
23
sweepings
of
tobacco,
and
other
kinds
and
forms
of
tobacco
,
24
prepared
in
such
manner
as
to
be
suitable
for
chewing
or
25
smoking
in
a
pipe
or
otherwise,
or
both
for
chewing
and
26
smoking
;
but
shall
not
include
cigarettes
as
defined
in
section
27
453A.1,
subsection
4
.
28
Sec.
19.
Section
453A.42,
Code
2020,
is
amended
by
adding
29
the
following
new
subsection:
30
NEW
SUBSECTION
.
17A.
“Vapor
product”
means
any
product
or
31
device
that
may
be
used
to
deliver
any
aerosolized
or
vaporized
32
substance
to
the
person
using
the
device.
“Vapor
product”
33
includes
an
electronic
cigarette,
electronic
cigar,
electronic
34
cigarillo,
electronic
pipe,
electronic
hookah,
a
vape
pen,
or
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similar
product
or
device,
and
includes
any
component,
part,
or
1
accessory
of
the
product
or
device,
and
any
substance
intended
2
to
be
aerosolized
or
vaporized
during
the
use
of
the
device,
3
whether
or
not
the
substance
contains
nicotine.
“Vapor
product”
4
does
not
include
a
product
authorized
for
sale
as
a
drug
or
5
device
by
the
United
States
food
and
drug
administration
under
6
chapter
V
of
the
federal
Food,
Drug,
and
Cosmetic
Act.
7
Sec.
20.
Section
453A.47A,
subsections
1,
2,
4,
and
5,
Code
8
2020,
are
amended
to
read
as
follows:
9
1.
Permits
required.
A
person
shall
not
engage
in
the
10
business
of
a
retailer
of
tobacco
,
or
tobacco
products
,
11
alternative
nicotine
products,
or
vapor
products
at
any
place
12
of
business,
or
through
delivery
sales,
without
first
having
13
received
a
permit
as
a
retailer.
14
2.
No
sales
without
permit.
A
retailer
shall
not
sell
any
15
tobacco
,
or
tobacco
products
,
alternative
nicotine
products,
or
16
vapor
products
until
an
application
has
been
filed
and
the
fee
17
prescribed
paid
for
a
permit
and
until
such
permit
is
obtained
18
and
only
while
such
permit
is
not
suspended,
unrevoked,
or
19
unexpired.
20
4.
Retailer
——
multiple
permits
not
required
——
effect
of
21
suspension.
A
retailer,
as
defined
in
section
453A.1
,
who
holds
22
a
permit
under
subchapter
I
of
this
chapter
is
not
required
to
23
also
obtain
a
retail
permit
under
this
subchapter
.
However,
24
if
a
retailer,
as
defined
in
section
453A.1
,
only
holds
a
25
permit
under
subchapter
I
of
this
chapter
and
that
permit
is
26
suspended,
revoked,
or
expired,
the
retailer
shall
not
sell
any
27
tobacco
,
or
tobacco
products
,
alternative
nicotine
products,
or
28
vapor
products
during
the
time
which
the
permit
is
suspended,
29
revoked,
or
expired.
30
5.
Separate
permit.
A
separate
retail
permit
shall
be
31
required
of
a
distributor
or
subjobber
if
the
distributor
or
32
subjobber
sells
tobacco
,
or
tobacco
products
,
alternative
33
nicotine
products,
or
vapor
products
at
retail.
34
Sec.
21.
Section
453A.47A,
subsection
10,
paragraph
b,
Code
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2020,
is
amended
to
read
as
follows:
1
b.
Every
retailer
shall,
when
requested
by
the
department,
2
make
additional
reports
as
the
department
deems
necessary
and
3
proper
and
shall
at
the
request
of
the
department
furnish
full
4
and
complete
information
pertaining
to
any
transaction
of
the
5
retailer
involving
the
purchase
or
sale
or
use
of
tobacco
,
6
or
tobacco
products
,
alternative
nicotine
products,
or
vapor
7
products
.
8
Sec.
22.
Section
453A.47B,
Code
2020,
is
amended
to
read
as
9
follows:
10
453A.47B
Requirements
for
mailing
or
shipping
——
alternative
11
nicotine
products
or
vapor
products.
12
A
retailer
shall
not
mail,
ship,
or
otherwise
cause
to
be
13
delivered
any
alternative
nicotine
product
or
vapor
product
in
14
connection
with
a
delivery
sale
unless
the
retailer
meets
all
15
of
the
following
apply
conditions
:
16
1.
Prior
to
sale
to
the
purchaser,
the
retailer
verifies
17
that
the
purchaser
is
at
least
eighteen
twenty-one
years
of
age
18
through
or
by
one
of
the
following:
19
a.
A
commercially
available
database,
or
aggregate
of
20
databases,
that
is
regularly
used
by
government
and
businesses
21
for
the
purpose
of
age
and
identity
verification.
22
b.
Obtaining
a
copy
of
a
valid
government-issued
document
23
that
provides
the
name,
address,
and
date
of
birth
of
the
24
purchaser.
25
2.
The
retailer
uses
a
method
of
mailing,
shipping,
or
26
delivery
that
requires
the
signature
of
a
person
who
is
at
27
least
eighteen
twenty-one
years
of
age
before
the
shipping
28
package
is
released
to
the
purchaser.
29
Sec.
23.
Section
453A.56,
Code
2020,
is
amended
by
striking
30
the
section
and
inserting
in
lieu
thereof
the
following:
31
453A.56
Preservation
of
local
jurisdiction.
32
Nothing
in
this
chapter
shall
be
construed
to
limit
a
33
local
jurisdiction
from
adopting
or
enforcing
a
local
law
34
or
regulation
that
is
more
stringent
than
the
provisions
of
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this
chapter.
Notwithstanding
any
provision
of
law
to
the
1
contrary,
a
local
jurisdiction
may
adopt
and
enforce
a
local
2
law
or
regulation
related
to
this
chapter
that
is
at
least
as
3
stringent
as
state
law
and
regulation.
4
Sec.
24.
Section
805.8A,
subsection
4,
paragraph
j,
Code
5
2020,
is
amended
by
striking
the
paragraph.
6
Sec.
25.
Section
805.8C,
subsection
3,
Code
2020,
is
amended
7
to
read
as
follows:
8
3.
Violations
related
to
smoking
,
tobacco,
tobacco
products,
9
alternative
nicotine
products,
vapor
products,
and
cigarettes
.
10
a.
For
violations
described
in
section
142D.9,
subsection
1
,
11
the
scheduled
fine
is
fifty
dollars,
and
is
a
civil
penalty,
12
and
the
criminal
penalty
surcharge
under
section
911.1
shall
13
not
be
added
to
the
penalty,
and
the
court
costs
pursuant
14
to
section
805.9,
subsection
6
,
shall
not
be
imposed.
If
15
the
civil
penalty
assessed
for
a
violation
described
in
16
section
142D.9,
subsection
1
,
is
not
paid
in
a
timely
manner,
17
a
citation
shall
be
issued
for
the
violation
in
the
manner
18
provided
in
section
804.1
.
However,
a
person
under
age
19
eighteen
shall
not
be
detained
in
a
secure
facility
for
failure
20
to
pay
the
civil
penalty.
The
complainant
shall
not
be
charged
21
a
filing
fee.
22
b.
For
violations
of
section
453A.2,
subsection
1
,
by
an
23
employee
of
a
retailer,
the
scheduled
fine
is
as
follows:
24
(1)
If
the
violation
is
a
first
offense,
the
scheduled
fine
25
is
one
hundred
dollars.
26
(2)
If
the
violation
is
a
second
offense,
the
scheduled
fine
27
is
two
hundred
fifty
dollars.
28
(3)
If
the
violation
is
a
third
or
subsequent
offense,
the
29
scheduled
fine
is
five
hundred
dollars.
30
c.
For
violations
of
section
453A.2,
subsection
2
,
the
31
scheduled
fine
is
as
follows
and
is
a
civil
penalty,
and
the
32
criminal
penalty
surcharge
under
section
911.1
shall
not
be
33
added
to
the
penalty,
and
the
court
costs
pursuant
to
section
34
805.9,
subsection
6
,
shall
not
be
imposed:
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(1)
If
the
violation
is
a
first
offense,
the
scheduled
fine
1
is
fifty
dollars.
2
(2)
If
the
violation
is
a
second
offense,
the
scheduled
fine
3
is
one
hundred
dollars.
4
(3)
If
the
violation
is
a
third
or
subsequent
offense,
the
5
scheduled
fine
is
two
hundred
fifty
dollars.
6
Sec.
26.
CODE
EDITOR
DIRECTIVE.
The
Code
editor
shall
do
7
all
of
the
following:
8
1.
Modify
the
title
of
chapter
453A
to
read
“Cigarette
and
9
Tobacco
Taxes
and
Regulation”.
10
2.
Modify
the
subheading
of
division
I
of
chapter
453A
to
11
read
“Cigarettes”.
12
3.
Modify
the
subheading
of
division
II
of
chapter
453A
to
13
read
“Cigars,
Tobacco,
and
Other
Tobacco
Products”.
14
Sec.
27.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
15
immediate
importance,
takes
effect
upon
enactment.
16
EXPLANATION
17
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
18
the
explanation’s
substance
by
the
members
of
the
general
assembly.
19
This
bill
relates
to
tobacco,
tobacco
products,
alternative
20
nicotine
products,
vapor
products,
and
cigarettes.
21
The
bill
includes
findings
and
the
purpose
of
the
findings
22
which
is
to
provide
guidance
to
policymakers
and
the
public
23
and
to
clearly
identify
the
problems
to
be
addressed
and
the
24
rationale
for
the
policy
to
be
implemented
regarding
tobacco,
25
tobacco
products
and
cigarettes
under
the
bill.
26
The
bill
redefines
alternative
nicotine
and
vapor
products
27
as
tobacco
products,
thereby
making
applicable
to
alternative
28
nicotine
products
and
vapor
products
all
provisions
applicable
29
to
tobacco
products
including
taxation
of
such
products.
The
30
bill
makes
other
definitional
changes
and
conforming
changes
31
throughout
the
Code
to
redefine
these
products.
32
The
bill
increases
the
minimum
age
relative
to
various
33
activities
relating
to
tobacco,
tobacco
products,
and
34
cigarettes
from
18
years
of
age
to
21
years
of
age.
The
35
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bill
prohibits
a
person
from
selling,
giving,
or
otherwise
1
supplying
any
tobacco,
tobacco
products,
or
cigarettes
to
2
any
person
under
21
years
of
age.
The
bill
also
prohibits
a
3
person
under
21
years
of
age
from
smoking,
using,
possessing,
4
purchasing,
or
attempting
to
purchase
any
tobacco,
tobacco
5
products,
or
cigarettes.
The
bill
makes
conforming
changes
in
6
the
Code
relative
to
use
of
a
driver’s
license
or
nonoperator’s
7
identification
card
by
an
underage
person
to
obtain
tobacco,
8
tobacco
products,
or
cigarettes;
compliance
efforts;
sale
9
of
tobacco,
tobacco
products,
or
cigarettes
through
vending
10
machines;
the
giving
away
of
samples
of
tobacco,
tobacco
11
products,
or
cigarettes
to
persons
under
21
years
of
age
12
and
within
500
feet
of
certain
locations;
and
the
mailing,
13
shipping,
or
other
delivery
of
alternative
nicotine
products
14
or
vapor
products.
15
The
bill
amends
certain
penalties
relative
to
employees
of
16
retailers
and
persons
under
the
age
of
21
who
violate
certain
17
provisions
of
the
bill.
With
regard
to
a
person
under
the
age
18
of
21
who
alters
or
displays
or
has
in
the
person’s
possession
19
a
fictitious
or
fraudulently
altered
driver’s
license
or
20
nonoperator’s
identification
card
and
who
uses
the
license
or
21
card
to
violate
or
attempt
to
violate
Code
section
453A.2(2),
22
which
prohibits
such
a
person
from
smoking,
using,
possessing,
23
purchasing,
or
attempting
to
purchase
any
tobacco,
tobacco
24
products,
or
cigarettes,
the
bill
provides
that
instead
of
such
25
violation
being
a
simple
misdemeanor
and
subject
to
a
scheduled
26
fine
of
$200,
the
person
is
instead
subject
to
performance
of
27
community
work
requirements
ranging
from
8
hours
for
a
first
28
offense
to
16
hours
for
a
third
or
subsequent
offense.
29
With
regard
to
an
employee
of
a
retailer
who
sells,
gives,
or
30
otherwise
supplies
any
tobacco,
tobacco
products,
or
cigarettes
31
to
any
person
under
21
years
of
age,
the
bill
provides
32
that
instead
of
the
person
committing
a
simple
misdemeanor
33
punishable
as
a
scheduled
violation
ranging
from
$100
to
$500
34
based
upon
the
number
of
violations,
the
person
is
subject
to
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the
voiding
of
any
valid
certification
of
completion
of
tobacco
1
compliance
training
and
required
completion
of
subsequent
2
tobacco
compliance
employee
training,
as
well
as
performance
of
3
community
work
requirements
ranging
from
8
hours
for
a
first
4
offense
to
16
hours
for
a
third
or
subsequent
offense.
5
With
regard
to
a
person
under
21
years
of
age
who
smokes,
6
uses,
possesses,
purchases,
or
attempts
to
purchase
any
7
tobacco,
tobacco
products,
or
cigarettes,
the
bill
provides
8
that
instead
of
the
person
being
subject
to
a
scheduled
fine,
9
which
is
a
civil
penalty
and
ranges
in
amount
from
$50
for
a
10
first
offense
to
$250
for
a
third
or
subsequent
offense,
the
11
person
is
subject
to
performance
of
community
work
requirements
12
ranging
from
8
hours
for
a
first
offense
to
16
hours
for
a
third
13
or
subsequent
offense.
14
The
bill
requires
the
division
of
tobacco
use
prevention
15
and
control
of
the
department
of
public
health
to
enter
into
16
a
memorandum
of
understanding
with
the
alcoholic
beverages
17
division
of
the
department
of
commerce
governing
compliance
18
checks
conducted
to
ensure
the
conformance
of
a
licensed
19
retailer
as
defined
in
Code
section
453A.1
or
453A.42
with
20
tobacco,
tobacco
product,
and
cigarette
regulations,
and
21
ordinances
relating
to
persons
under
21
years
of
age,
to
22
provide
for
a
minimum
number
of
two
checks
per
place
of
23
business
or
retail
outlet
from
which
tobacco,
tobacco
products,
24
or
cigarettes
are
sold
to
consumers.
25
The
bill
also
strikes
current
law
requiring
uniform
26
implementation,
application,
and
enforcement
of
Code
chapter
27
453A
(cigarette
and
tobacco
taxes
and
regulation
of
alternative
28
nicotine
products
and
vapor
products)
and
instead
provides
29
that
nothing
in
the
Code
chapter
shall
be
construed
to
limit
30
a
local
jurisdiction
from
adopting
or
enforcing
a
local
law
31
or
regulation
that
is
more
stringent
than
the
provisions
of
32
the
chapter;
and
notwithstanding
any
provision
of
law
to
the
33
contrary,
a
local
jurisdiction
may
adopt
and
enforce
a
local
34
law
or
regulation
related
to
the
chapter
that
is
at
least
as
35
-20-
LSB
5448XS
(6)
88
pf/jh
20/
21
