Bill Text: IA SF429 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to flavored vapor products, providing for permit suspension and revocation, and providing civil penalties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2023-02-28 - Subcommittee: Schultz, Petersen, and Webster. S.J. 439. [SF429 Detail]
Download: Iowa-2023-SF429-Introduced.html
Senate
File
429
-
Introduced
SENATE
FILE
429
BY
COURNOYER
A
BILL
FOR
An
Act
relating
to
flavored
vapor
products,
providing
for
1
permit
suspension
and
revocation,
and
providing
civil
2
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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429
Section
1.
Section
453A.1,
Code
2023,
is
amended
by
adding
1
the
following
new
subsections:
2
NEW
SUBSECTION
.
3A.
“Characterizing
flavor”
means
a
3
distinguishable
flavor,
taste,
or
aroma
including
but
not
4
limited
to
any
fruit,
chocolate,
vanilla,
honey,
candy,
cocoa,
5
dessert,
alcoholic
beverage,
herb,
mint,
wintergreen,
menthol,
6
or
spice
flavoring,
that
in
any
manner
is
a
component
or
7
byproduct
of,
is
produced
by,
or
emanates
from
a
vapor
product.
8
A
vapor
product
shall
be
deemed
to
have
a
characterizing
flavor
9
if
the
vapor
product
is
advertised
or
marketed
as
having
or
10
producing
in
any
manner
any
such
distinguishable
flavor,
taste,
11
or
aroma.
12
NEW
SUBSECTION
.
15A.
“Flavored
vapor
product”
means
a
13
vapor
product,
in
whatever
form
including
but
not
limited
to
14
cartridge-based,
refillable,
or
disposable,
and
including
any
15
cartridge,
container
of
a
solution
or
other
substance,
or
other
16
component
part
or
accessory
of
a
vapor
product
such
as
a
vapor
17
product
flavor
enhancer,
whether
or
not
integral
to
or
separate
18
from
the
vapor
product,
that
has
or
produces
a
characterizing
19
flavor.
20
NEW
SUBSECTION
.
29A.
“Vapor
product
flavor
enhancer”
21
means
a
product
designed,
manufactured,
fabricated,
produced,
22
marketed,
or
sold
to
produce
a
characterizing
flavor
when
used
23
with
a
vapor
product.
24
Sec.
2.
NEW
SECTION
.
453A.5A
Flavored
vapor
products
25
prohibited
——
permit
actions
——
civil
penalties.
26
1.
A
person
including
a
manufacturer,
distributor,
27
distributing
agent,
subjobber,
wholesaler,
cigarette
vendor,
or
28
retailer,
as
defined
in
sections
453A.1
and
453A.42;
a
common
29
carrier;
or
an
employee
or
agent
thereof,
shall
not
fabricate
30
or
manufacture
in
this
state;
ship,
import,
transport,
or
31
otherwise
bring
into
this
state;
or
possess,
transport,
store,
32
distribute,
sell,
offer
for
sale,
give,
or
otherwise
supply
33
including
through
a
delivery
sale
in
this
state,
flavored
vapor
34
products.
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429
2.
Compliance
with
this
section
is
a
condition
of
holding
1
any
permit
under
subchapter
I
or
subchapter
II
of
this
chapter.
2
A
permit
holder
who
violates
this
section
is
subject
to
permit
3
suspension
and
revocation
provisions
otherwise
applicable
under
4
subchapter
I
or
subchapter
II
of
this
chapter.
5
3.
A
person
who
violates
this
section
is
subject
to
the
6
following
civil
penalties:
7
a.
A
two
hundred
dollar
penalty
for
the
first
violation.
8
b.
A
five
hundred
dollar
penalty
for
a
second
violation
9
within
three
years
of
the
first
violation.
10
c.
A
one
thousand
dollar
penalty
for
a
third
or
subsequent
11
violation
within
three
years
of
the
first
violation.
12
EXPLANATION
13
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
14
the
explanation’s
substance
by
the
members
of
the
general
assembly.
15
This
bill
prohibits
a
person
including
a
manufacturer,
16
distributor,
distributing
agent,
subjobber,
wholesaler,
17
cigarette
vendor,
or
retailer;
a
common
carrier;
or
an
18
employee
or
agent
thereof,
from
fabricating
or
manufacturing
19
in
this
state;
shipping,
importing,
transporting,
or
otherwise
20
bringing
into
this
state;
or
possessing,
transporting,
storing,
21
distributing,
selling,
offering
for
sale,
giving,
or
otherwise
22
supplying
including
through
delivery
sales
in
this
state,
23
flavored
vapor
products.
Flavored
vapor
product
is
defined
in
24
the
bill.
25
Compliance
with
the
bill
is
a
condition
of
holding
any
26
permit
under
Code
chapter
453A
(cigarette
and
tobacco
taxes
27
and
regulation
of
alternative
nicotine
products
and
vapor
28
products).
A
permit
holder
who
violates
the
bill
is
subject
29
to
permit
suspension
and
revocation
provisions
under
the
Code
30
chapter.
The
bill
also
provides
that
a
person
who
violates
31
the
bill
is
subject
to
civil
penalties
ranging
from
$200
for
a
32
first
violation,
$500
for
a
second
violation
within
three
years
33
of
the
first
violation,
and
$1,000
for
a
third
or
subsequent
34
violation
within
three
years
of
the
first
violation.
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