Bill Text: IA HF2134 | 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, including the regulation and taxation of such products, providing penalties, and including effective date provisions.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2020-01-27 - Introduced, referred to State Government. H.J. 137. [HF2134 Detail]
Download: Iowa-2019-HF2134-Introduced.html
House
File
2134
-
Introduced
HOUSE
FILE
2134
BY
WINCKLER
,
WOLFE
,
and
MOMMSEN
A
BILL
FOR
An
Act
relating
to
tobacco,
tobacco
products,
alternative
1
nicotine
products,
vapor
products,
and
cigarettes,
including
2
the
regulation
and
taxation
of
such
products,
providing
3
penalties,
and
including
effective
date
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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DIVISION
I
1
LEGAL
AGE
RELATING
TO
TOBACCO,
TOBACCO
PRODUCTS,
ALTERNATIVE
2
NICOTINE
PRODUCTS,
CIGARETTES,
AND
VAPING
PRODUCTS
3
Section
1.
Section
321.216C,
Code
2020,
is
amended
to
read
4
as
follows:
5
321.216C
Use
of
driver’s
license
or
nonoperator’s
6
identification
card
by
underage
person
to
obtain
tobacco,
tobacco
7
products,
alternative
nicotine
products,
vapor
products,
or
8
cigarettes.
9
A
person
who
is
under
the
legal
age
of
eighteen
as
defined
in
10
section
453A.1
,
who
alters
or
displays
or
has
in
the
person’s
11
possession
a
fictitious
or
fraudulently
altered
driver’s
12
license
or
nonoperator’s
identification
card
and
who
uses
13
the
license
or
card
to
violate
or
attempt
to
violate
section
14
453A.2,
subsection
2
,
commits
a
simple
misdemeanor
punishable
15
as
a
scheduled
violation
under
section
805.8A,
subsection
16
4
.
The
court
shall
forward
a
copy
of
the
conviction
to
the
17
department.
18
Sec.
2.
Section
453A.1,
Code
2020,
is
amended
by
adding
the
19
following
new
subsection:
20
NEW
SUBSECTION
.
16A.
“Legal
age”
means
twenty-one
years
of
21
age
or
older.
22
Sec.
3.
Section
453A.2,
subsections
1,
2,
and
3,
Code
2020,
23
are
amended
to
read
as
follows:
24
1.
A
person
shall
not
sell,
give,
or
otherwise
supply
any
25
tobacco,
tobacco
products,
alternative
nicotine
products,
vapor
26
products,
or
cigarettes
to
any
person
under
eighteen
years
who
27
is
not
of
legal
age.
28
2.
A
person
under
eighteen
years
of
legal
age
shall
not
29
smoke,
use,
possess,
purchase,
or
attempt
to
purchase
any
30
tobacco,
tobacco
products,
alternative
nicotine
products,
vapor
31
products,
or
cigarettes.
32
3.
Possession
of
tobacco,
tobacco
products,
alternative
33
nicotine
products,
vapor
products,
or
cigarettes
by
an
34
individual
under
eighteen
years
of
legal
age
does
not
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constitute
a
violation
under
this
section
if
the
individual
1
under
eighteen
years
of
legal
age
possesses
the
tobacco,
2
tobacco
products,
alternative
nicotine
products,
vapor
3
products,
or
cigarettes
as
part
of
the
individual’s
employment
4
and
the
individual
is
employed
by
a
person
who
holds
a
valid
5
permit
under
this
chapter
or
who
lawfully
offers
for
sale
or
6
sells
cigarettes
or
tobacco
products.
7
Sec.
4.
Section
453A.2,
subsection
8,
paragraph
a,
8
subparagraph
(2),
Code
2020,
is
amended
to
read
as
follows:
9
(2)
The
compliance
effort
is
conducted
with
the
advance
10
knowledge
of
law
enforcement
officers
and
reasonable
measures
11
are
adopted
by
those
conducting
the
effort
to
ensure
that
use
12
of
tobacco,
tobacco
products,
alternative
nicotine
products,
13
vapor
products,
or
cigarettes
by
individuals
under
eighteen
14
years
of
legal
age
does
not
result
from
participation
by
any
15
individual
under
eighteen
years
of
legal
age
in
the
compliance
16
effort.
17
Sec.
5.
Section
453A.5,
subsection
1,
Code
2020,
is
amended
18
to
read
as
follows:
19
1.
The
alcoholic
beverages
division
of
the
department
of
20
commerce
shall
develop
a
tobacco
compliance
employee
training
21
program
not
to
exceed
two
hours
in
length
for
employees
and
22
prospective
employees
of
retailers,
as
defined
in
sections
23
453A.1
and
453A.42
,
to
inform
the
employees
about
state
and
24
federal
laws
and
regulations
regarding
the
sale
of
tobacco,
25
tobacco
products,
alternative
nicotine
products,
vapor
26
products,
and
cigarettes
to
persons
under
eighteen
years
of
27
legal
age
and
compliance
with
and
the
importance
of
laws
28
regarding
the
sale
of
tobacco,
tobacco
products,
alternative
29
nicotine
products,
vapor
products,
and
cigarettes
to
persons
30
under
eighteen
years
of
legal
age.
31
Sec.
6.
Section
453A.36,
subsection
6,
Code
2020,
is
amended
32
to
read
as
follows:
33
6.
Any
sales
of
tobacco,
tobacco
products,
alternative
34
nicotine
products,
vapor
products,
or
cigarettes
made
through
a
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cigarette
vending
machine
are
subject
to
rules
and
penalties
1
relative
to
retail
sales
of
tobacco,
tobacco
products,
2
alternative
nicotine
products,
vapor
products,
and
cigarettes
3
provided
for
in
this
chapter
.
Cigarettes
shall
not
be
sold
4
through
any
cigarette
vending
machine
unless
the
cigarettes
5
have
been
properly
stamped
or
metered
as
provided
by
this
6
subchapter
,
and
in
case
of
violation
of
this
provision,
the
7
permit
of
the
dealer
authorizing
retail
sales
of
cigarettes
8
shall
be
revoked.
Payment
of
the
permit
fee
as
provided
9
in
section
453A.13
authorizes
a
cigarette
vendor
to
sell
10
tobacco,
tobacco
products,
alternative
nicotine
products,
vapor
11
products,
and
cigarettes
through
vending
machines.
However,
12
tobacco,
tobacco
products,
alternative
nicotine
products,
vapor
13
products,
and
cigarettes
shall
not
be
sold
through
a
vending
14
machine
unless
the
vending
machine
is
located
in
a
place
where
15
the
retailer
ensures
that
no
person
younger
than
eighteen
years
16
of
legal
age
is
present
or
permitted
to
enter
at
any
time.
17
Tobacco,
tobacco
products,
alternative
nicotine
products,
18
vapor
products,
and
cigarettes
shall
not
be
sold
through
19
any
cigarette
vending
machine
if
such
products
are
placed
20
together
with
any
nontobacco
product,
other
than
matches,
in
21
the
cigarette
vending
machine.
This
section
does
not
require
22
a
retail
permit
holder
to
buy
a
cigarette
vendor’s
permit
if
23
the
retail
permit
holder
is
in
fact
the
owner
of
the
cigarette
24
vending
machines
and
the
machines
are
operated
in
the
location
25
described
in
the
retail
permit.
26
Sec.
7.
Section
453A.39,
subsection
2,
paragraphs
b
and
c,
27
Code
2020,
are
amended
to
read
as
follows:
28
b.
A
manufacturer,
distributor,
wholesaler,
retailer,
or
29
distributing
agent
or
agent
thereof
shall
not
give
away
any
30
tobacco,
tobacco
products,
alternative
nicotine
products,
vapor
31
products,
or
cigarettes
to
any
person
under
eighteen
years
32
of
legal
age,
or
within
five
hundred
feet
of
any
playground,
33
school,
high
school,
or
other
facility
when
such
facility
is
34
being
used
primarily
by
persons
under
legal
age
eighteen
for
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recreational,
educational,
or
other
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
years
4
of
legal
age.
5
Sec.
8.
Section
453A.47B,
Code
2020,
is
amended
to
read
as
6
follows:
7
453A.47B
Requirements
for
mailing
or
shipping
——
alternative
8
nicotine
products
or
vapor
products.
9
A
retailer
shall
not
mail,
ship,
or
otherwise
cause
to
be
10
delivered
any
alternative
nicotine
product
or
vapor
product
in
11
connection
with
a
delivery
sale
unless
the
retailer
meets
all
12
of
the
following
apply
conditions
:
13
1.
Prior
to
sale
to
the
purchaser,
the
retailer
verifies
14
that
the
purchaser
is
at
least
eighteen
years
of
legal
age
15
through
or
by
one
of
the
following:
16
a.
A
commercially
available
database,
or
aggregate
of
17
databases,
that
is
regularly
used
by
government
and
businesses
18
for
the
purpose
of
age
and
identity
verification.
19
b.
Obtaining
a
copy
of
a
valid
government-issued
document
20
that
provides
the
name,
address,
and
date
of
birth
of
the
21
purchaser.
22
2.
The
retailer
uses
a
method
of
mailing,
shipping,
or
23
delivery
that
requires
the
signature
of
a
person
who
is
at
24
least
eighteen
years
of
legal
age
before
the
shipping
package
25
is
released
to
the
purchaser.
26
Sec.
9.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
27
deemed
of
immediate
importance,
takes
effect
upon
enactment.
28
DIVISION
II
29
LIMITATIONS
ON
SALE
AND
DISTRIBUTION
OF
VAPOR
PRODUCTS
WITH
30
CHARACTERIZING
FLAVOR
31
Sec.
10.
NEW
SECTION
.
453A.47E
Prohibition
on
sale
or
32
distribution
of
vapor
products
with
characterizing
flavor
——
33
penalties.
34
1.
A
retailer
shall
not
offer
for
sale
or
sell,
give,
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or
otherwise
supply
in
this
state
any
vapor
product
with
a
1
characterizing
flavor.
There
shall
be
a
rebuttable
presumption
2
that
a
vapor
product
has
a
characterizing
flavor
if
any
3
statement
or
claim
made
by
the
manufacturer
or
agent
or
4
employee
of
the
manufacturer,
directed
to
consumers
or
to
the
5
public,
states
or
claims
that
the
vapor
product
has
or
produces
6
a
characterizing
flavor.
Such
statements
or
claims
include
7
but
are
not
limited
to
those
made
through
social
media,
the
8
product’s
labeling
or
packaging,
or
other
advertising
used
to
9
explicitly
or
implicitly
communicate
that
the
vapor
product
has
10
a
characterizing
flavor.
11
2.
For
the
purposes
of
this
section:
12
a.
“Characterizing
flavor”
means
a
distinguishable
taste
13
or
aroma
or
both,
other
than
the
taste
or
aroma
of
tobacco,
14
imparted
by
a
vapor
product
or
any
byproduct
produced
by
the
15
vapor
product.
Characterizing
flavors
include
but
are
not
16
limited
to
tastes
or
aromas
relating
to
any
fruit,
chocolate,
17
vanilla,
honey,
candy,
cocoa,
dessert,
alcoholic
beverage,
18
menthol,
mint,
wintergreen,
herb,
or
spice.
19
b.
“Distinguishable”
means
perceivable
by
either
the
sense
20
of
smell
or
taste.
21
3.
a.
A
retailer
who
violates
this
section
is
subject
to
22
permit
suspension
or
revocation.
23
b.
A
retailer
who
violates
this
section
is
guilty
of
a
24
fraudulent
practice.
25
DIVISION
III
26
TAX
ON
VAPOR
PRODUCTS
27
Sec.
11.
Section
331.303,
subsection
3,
Code
2020,
is
28
amended
to
read
as
follows:
29
3.
Act
upon
applications
for
cigarette
,
tobacco
product,
30
and
vapor
product
tax
permits
in
accordance
with
chapter
453A
.
31
Sec.
12.
Section
331.653,
subsection
11,
Code
2020,
is
32
amended
to
read
as
follows:
33
11.
Carry
out
duties
relating
to
the
seizure
and
forfeiture
34
of
cigarettes,
tobacco
products,
and
vapor
products,
vehicles,
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and
other
property
used
in
violation
of
cigarette
,
tobacco
1
product,
or
vapor
product
tax
laws
as
provided
in
section
2
453A.32
.
3
Sec.
13.
Section
331.756,
subsection
19,
Code
2020,
is
4
amended
to
read
as
follows:
5
19.
Assist,
at
the
request
of
the
director
of
revenue,
in
6
the
enforcement
of
cigar
and
cigarette,
tobacco
product,
and
7
vapor
product
tax
laws
as
provided
in
sections
453A.32
and
8
453A.49
.
9
Sec.
14.
Section
453A.1,
subsection
21,
Code
2020,
is
10
amended
to
read
as
follows:
11
21.
“Place
of
business”
is
construed
to
mean
and
include
any
12
place
where
cigarettes
,
alternative
nicotine
products,
or
vapor
13
products
are
sold
or
where
cigarettes
,
alternative
nicotine
14
products,
or
vapor
products
are
stored
within
or
without
the
15
state
of
Iowa
by
the
holder
of
an
Iowa
permit
or
kept
for
the
16
purpose
of
sale
or
consumption;
or
if
sold
from
any
vehicle
17
or
train,
the
vehicle
or
train
on
which
or
from
which
such
18
cigarettes
are
sold
shall
constitute
a
place
of
business;
19
or
for
a
business
within
or
without
the
state
that
conducts
20
delivery
sales,
any
place
where
alternative
nicotine
products
21
or
vapor
products
are
sold
or
where
alternative
nicotine
22
products
or
vapor
products
are
kept
for
the
purpose
of
sale.
23
Sec.
15.
Section
453A.15,
subsections
1,
2,
and
4,
Code
24
2020,
are
amended
to
read
as
follows:
25
1.
The
director
may
prescribe
the
forms
necessary
for
the
26
efficient
administration
of
this
subchapter
and
may
require
27
uniform
books
and
records
to
be
used
and
kept
by
each
permit
28
holder
or
other
person
as
deemed
necessary.
The
director
may
29
also
require
each
permit
holder
or
other
person
to
keep
and
30
retain
in
the
director’s
possession
evidence
on
prescribed
31
forms
of
all
transactions
involving
the
purchase
and
sale
of
32
cigarettes
,
alternative
nicotine
products,
or
vapor
products,
33
or
the
purchase
and
use
of
stamps.
The
evidence
shall
be
kept
34
for
a
period
of
three
years
from
the
date
of
each
transaction,
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for
the
inspection
at
all
times
by
the
department.
1
2.
Where
a
state
permit
holder
sells
cigarettes
,
2
alternative
nicotine
products,
or
vapor
products
at
retail,
the
3
holder
shall
be
required
to
maintain
detailed
records
for
sales
4
of
cigarettes
,
alternative
nicotine
products,
or
vapor
products
5
to
be
sold
at
retail
and
the
cigarette
,
alternative
nicotine
6
product,
or
vapor
product
sales
records
shall
be
kept
separate
7
and
apart.
8
4.
Every
permit
holder
or
other
person
shall,
when
requested
9
by
the
department,
make
additional
reports
as
the
department
10
deems
necessary
and
proper
and
shall
at
the
request
of
the
11
department
furnish
full
and
complete
information
pertaining
to
12
any
transaction
of
the
permit
holder
or
other
person
involving
13
the
purchase
or
sale
or
use
of
cigarettes
,
alternative
nicotine
14
products,
vapor
products,
or
purchase
of
cigarette
stamps.
15
The
director
shall
specifically
prescribe
the
forms
necessary
16
and
require
each
retailer
to
provide
on
the
forms
prescribed,
17
full
and
complete
information
pertaining
to
any
cigarettes,
18
alternative
nicotine
products,
or
vapor
products
offered
for
19
sale
or
sold
by
the
retailer,
including
the
type
and
brand
of
20
the
product.
21
Sec.
16.
Section
453A.24,
Code
2020,
is
amended
to
read
as
22
follows:
23
453A.24
Carrier
to
permit
access
to
records.
24
1.
Every
common
carrier
or
person
in
this
state
having
25
custody
of
books
or
records
showing
the
transportation
of
26
cigarettes
,
alternative
nicotine
products,
or
vapor
products
27
both
interstate
and
intrastate
shall
give
and
allow
the
28
department
free
access
to
those
books
and
records.
29
2.
The
director
may
require
by
rule
that
common
carriers
30
or
the
appropriate
persons
provide
monthly
reports
to
the
31
department
detailing
all
information
the
department
deems
32
necessary
on
shipments
into
and
out
of
Iowa
of
cigarettes
,
33
and
tobacco
products
,
alternative
nicotine
products,
or
vapor
34
products,
as
set
forth
in
this
subchapter
I
and
subchapter
II
35
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of
this
chapter
.
The
director
may
require
by
rule
that
the
1
reports
be
filed
by
electronic
transmission.
2
Sec.
17.
Section
453A.32,
subsection
6,
Code
2020,
is
3
amended
to
read
as
follows:
4
6.
The
provisions
of
this
section
applying
to
cigarettes
5
shall
also
apply
to
tobacco
products
and
vapor
products
taxed
6
under
subchapter
II
of
this
chapter
.
7
Sec.
18.
Section
453A.33,
Code
2020,
is
amended
to
read
as
8
follows:
9
453A.33
Seizure
not
to
affect
criminal
prosecution.
10
The
seizure,
forfeiture,
and
sale
of
cigarettes,
tobacco
11
products,
vapor
products,
and
other
property
under
the
terms
12
and
conditions
hereinabove
set
out
pursuant
to
section
453A.32
,
13
shall
not
constitute
any
defense
to
the
person
owning
or
having
14
control
or
possession
of
the
property
from
criminal
prosecution
15
for
any
act
or
omission
made
or
offense
committed
under
this
16
chapter
or
from
liability
to
pay
penalties
provided
by
this
17
chapter
.
18
Sec.
19.
Section
453A.35,
subsection
1,
paragraph
b,
Code
19
2020,
is
amended
to
read
as
follows:
20
b.
The
revenues
generated
from
the
tax
on
cigarettes
21
pursuant
to
section
453A.6,
subsection
1
,
and
from
the
tax
on
22
tobacco
products
as
specified
in
section
453A.43,
subsections
23
1,
2,
3,
and
4
,
and
from
the
tax
on
vapor
products
as
specified
24
in
section
453A.47D
shall
be
credited
to
the
health
care
trust
25
fund
created
in
section
453A.35A
.
26
Sec.
20.
Section
453A.35A,
subsection
1,
Code
2020,
is
27
amended
to
read
as
follows:
28
1.
A
health
care
trust
fund
is
created
in
the
office
of
29
the
treasurer
of
state.
The
fund
consists
of
the
revenues
30
generated
from
the
tax
on
cigarettes
pursuant
to
section
31
453A.6,
subsection
1
,
and
from
the
tax
on
tobacco
products
32
as
specified
in
section
453A.43,
subsections
1,
2,
3,
and
4
,
33
and
from
the
tax
on
vapor
products
as
specified
in
section
34
453A.47D,
that
are
credited
to
the
health
care
trust
fund,
35
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annually,
pursuant
to
section
453A.35
.
Moneys
in
the
fund
1
shall
be
separate
from
the
general
fund
of
the
state
and
shall
2
not
be
considered
part
of
the
general
fund
of
the
state.
3
However,
the
fund
shall
be
considered
a
special
account
for
4
the
purposes
of
section
8.53
relating
to
generally
accepted
5
accounting
principles.
Moneys
in
the
fund
shall
be
used
only
6
as
specified
in
this
section
and
shall
be
appropriated
only
7
for
the
uses
specified.
Moneys
in
the
fund
are
not
subject
to
8
section
8.33
and
shall
not
be
transferred,
used,
obligated,
9
appropriated,
or
otherwise
encumbered,
except
as
provided
in
10
this
section
.
Notwithstanding
section
12C.7,
subsection
2
,
11
interest
or
earnings
on
moneys
deposited
in
the
fund
shall
be
12
credited
to
the
fund.
13
Sec.
21.
Section
453A.40,
subsections
1
and
3,
Code
2020,
14
are
amended
to
read
as
follows:
15
1.
All
persons
required
to
obtain
a
permit
or
to
be
licensed
16
under
section
453A.13
or
section
453A.44
having
in
their
17
possession
and
held
for
resale
on
the
effective
date
of
an
18
increase
in
the
tax
rate
cigarettes,
little
cigars,
or
tobacco
19
products
,
or
vapor
products
upon
which
the
tax
under
section
20
453A.6
,
or
453A.43
,
or
453A.47D
has
been
paid,
unused
cigarette
21
tax
stamps
which
have
been
paid
for
under
section
453A.8
,
22
unused
metered
imprints
which
have
been
paid
for
under
section
23
453A.12
,
or
tobacco
products
for
which
the
tax
has
not
been
24
paid
under
section
453A.46
,
or
vapor
products
for
which
the
tax
25
has
not
been
paid
under
section
453A.47D,
shall
be
subject
to
26
an
inventory
tax
on
the
items
as
provided
in
this
section
.
27
3.
The
rate
of
the
inventory
tax
on
each
item
subject
to
28
the
tax
as
specified
in
subsection
1
is
equal
to
the
difference
29
between
the
amount
paid
on
each
item
under
section
453A.6
,
30
453A.8
,
453A.12
,
or
453A.43
,
or
453A.47D
prior
to
the
tax
31
increase
and
the
amount
that
is
to
be
paid
on
each
similar
item
32
under
section
453A.6
,
453A.8
,
453A.12
,
or
453A.43
,
or
453A.47D
33
after
the
tax
increase
except
that
in
computing
the
rate
of
the
34
inventory
tax
any
discount
allowed
or
allowable
under
section
35
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453A.8
shall
not
be
considered.
1
Sec.
22.
Section
453A.42,
subsections
1,
2,
8,
9,
10,
12,
2
14,
and
17,
Code
2020,
are
amended
to
read
as
follows:
3
1.
“Business”
means
any
trade,
occupation,
activity,
4
or
enterprise
engaged
in
for
the
purpose
of
selling
or
5
distributing
tobacco
products
alternative
nicotine
products,
or
6
vapor
products
in
this
state.
7
2.
“Consumer”
means
any
person
who
has
title
to
or
8
possession
of
tobacco
products
,
alternative
nicotine
products,
9
or
vapor
products
in
storage,
for
use
or
other
consumption
in
10
this
state.
11
8.
“Person”
means
any
individual,
firm,
association,
12
partnership,
joint
stock
company,
joint
adventure
venture
,
13
corporation,
trustee,
agency,
or
receiver,
or
any
legal
14
representative
of
any
of
the
foregoing
individual,
firm,
15
association,
partnership,
joint
stock
company,
joint
venture,
16
corporation,
trustee,
agency,
or
receiver
.
17
9.
“Place
of
business”
means
any
place
where
tobacco
18
products
,
alternative
nicotine
products,
or
vapor
products
are
19
sold
or
where
tobacco
products
,
alternative
nicotine
products,
20
or
vapor
products
are
manufactured,
stored,
or
kept
for
the
21
purpose
of
sale
or
consumption,
including
any
vessel,
vehicle,
22
airplane,
train,
or
vending
machine;
or
for
a
business
within
23
or
without
the
state
that
conducts
delivery
sales,
any
place
24
where
alternative
nicotine
products
or
vapor
products
are
sold
25
or
where
alternative
nicotine
products
or
vapor
products
are
26
kept
for
the
purpose
of
sale,
including
delivery
sales.
27
10.
“Retail
outlet”
means
each
place
of
business
from
which
28
tobacco
products
,
alternative
nicotine
products,
or
vapor
29
products
are
sold
to
consumers.
30
12.
“Sale”
means
any
transfer,
exchange,
or
barter,
in
any
31
manner
or
by
any
means
whatsoever,
for
a
consideration,
and
32
includes
and
means
all
sales
made
by
any
person.
It
includes
33
a
gift
by
a
person
engaged
in
the
business
of
selling
tobacco
34
products
,
alternative
nicotine
products,
or
vapor
products
,
35
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for
advertising,
as
a
means
of
evading
the
provisions
of
this
1
subchapter
,
or
for
any
other
purposes
whatsoever
.
2
14.
“Storage”
means
any
keeping
or
retention
of
tobacco
3
products
,
alternative
nicotine
products,
or
vapor
products
for
4
use
or
consumption
in
this
state.
5
17.
“Use”
means
the
exercise
of
any
right
or
power
6
incidental
to
the
ownership
of
tobacco
products
,
alternative
7
nicotine
products,
or
vapor
products
.
8
Sec.
23.
Section
453A.45,
subsection
3,
Code
2020,
is
9
amended
to
read
as
follows:
10
3.
Every
retailer
and
subjobber
shall
procure
itemized
11
invoices
of
all
tobacco
products
,
alternative
nicotine
12
products,
and
vapor
products
purchased.
The
invoices
shall
13
show
the
name
and
address
of
the
seller
and
the
date
of
14
purchase.
The
retailer
and
subjobber
shall
preserve
a
legible
15
copy
of
each
invoice
for
three
years
from
the
date
of
purchase.
16
Invoices
shall
be
available
for
inspection
by
the
director
or
17
the
director’s
authorized
agents
or
employees
at
the
retailer’s
18
or
subjobber’s
place
of
business.
19
Sec.
24.
Section
453A.47A,
subsection
10,
paragraph
b,
Code
20
2020,
is
amended
to
read
as
follows:
21
b.
Every
retailer
shall,
when
requested
by
the
department,
22
make
additional
reports
as
the
department
deems
necessary
and
23
proper
and
shall
at
the
request
of
the
department
furnish
24
full
and
complete
information
pertaining
to
any
transaction
25
of
the
retailer
involving
the
purchase
or
sale
or
use
of
26
tobacco,
tobacco
products,
alternative
nicotine
products,
or
27
vapor
products.
The
director
shall
specifically
prescribe
the
28
forms
necessary
and
require
each
retailer
to
provide
on
the
29
forms
prescribed
full
and
complete
information
pertaining
to
30
any
tobacco,
tobacco
products,
alternative
nicotine
products,
31
or
vapor
products
offered
for
sale
or
sold
by
the
retailer,
32
including
the
type
and
brand
of
the
product.
33
Sec.
25.
NEW
SECTION
.
453A.47D
Tax
on
vapor
products.
34
1.
A
tax
is
imposed
upon
all
vapor
products
in
this
state
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at
the
rate
of
fifty
percent
of
the
wholesale
sales
price
of
1
the
vapor
product.
The
tax
shall
be
imposed
on
any
component
2
part
or
accessory
of
a
vapor
product,
whether
or
not
sold
3
separately,
that
is
necessary
to
and
used
during
the
operation
4
of
a
vapor
product,
including
but
not
limited
to
any
cartridge
5
or
other
container
of
a
solution
or
other
substance,
which
may
6
or
may
not
contain
nicotine,
that
is
intended
to
be
used
with
7
or
in
an
electronic
cigarette,
electronic
cigar,
electronic
8
cigarillo,
electronic
pipe,
or
similar
product
or
device.
9
2.
The
tax
on
vapor
products
shall
be
imposed
at
the
point
10
of
retail
sale
to
consumers
in
this
state.
The
amount
of
the
11
tax
shall
be
added
to
the
selling
price
of
each
vapor
product
12
sold
in
this
state
and
shall
be
collected
from
the
purchaser
so
13
that
the
ultimate
consumer
bears
the
burden
of
the
tax.
14
3.
For
the
purposes
of
this
section,
“wholesale
sales
price”
15
means
the
price
charged
to
a
wholesaler
or
distributor
by
16
the
manufacturer
of
a
vapor
product,
the
price
charged
to
a
17
retailer
by
a
wholesaler
or
distributor
of
the
vapor
product,
18
or,
if
the
retailer
is
the
manufacturer
of
the
vapor
product,
19
the
retail
sales
price
of
the
vapor
product,
whichever
of
the
20
applicable
prices
is
highest.
21
Sec.
26.
Section
453A.48,
subsection
3,
Code
2020,
is
22
amended
to
read
as
follows:
23
3.
The
director
may
exchange
information
with
the
officers
24
and
agencies
of
other
states
administering
laws
relating
to
the
25
taxation
of
tobacco
products
and
vapor
products
.
26
Sec.
27.
Section
453A.51,
Code
2020,
is
amended
to
read
as
27
follows:
28
453A.51
Assessment
of
cost
of
audit.
29
The
department
may
employ
auditors
or
other
persons
to
30
audit
and
examine
the
books
and
records
of
a
permit
holder
or
31
other
person
dealing
in
tobacco
products
or
vapor
products
32
to
ascertain
whether
the
permit
holder
or
other
person
has
33
paid
the
amount
of
the
taxes
required
to
be
paid
by
the
permit
34
holder
or
other
person
under
the
provisions
of
this
chapter
.
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If
the
taxes
have
not
been
paid,
as
required,
the
department
1
shall
assess
against
the
permit
holder
or
other
person,
as
2
additional
penalty,
the
reasonable
expenses
and
costs
of
the
3
investigation
and
audit.
4
DIVISION
IV
5
ONLINE
MARKETING
OF
VAPOR
PRODUCTS
TO
CHILDREN
——
RESTRICTIONS
6
Sec.
28.
NEW
SECTION
.
453A.39A
Vapor
products
——
marketing
7
and
advertising
restrictions
——
penalties.
8
1.
a.
A
retailer
shall
not
advertise
vapor
products
in
9
a
place
of
business
unless
the
advertisement
is
placed
in
a
10
location
where
the
retailer
ensures
the
advertisement
is
not
11
visible
to
any
person
under
legal
age.
12
b.
A
retailer
who
violates
this
subsection
is
subject
13
to
permit
suspension
or
revocation
and
the
following
civil
14
penalties:
15
(1)
A
two
hundred
dollar
penalty
for
the
first
violation.
16
(2)
A
five
hundred
dollar
penalty
for
a
second
violation
17
within
three
years
of
the
first
violation.
18
(3)
A
one
thousand
dollar
penalty
for
a
third
or
subsequent
19
violation
within
three
years
of
the
first
violation.
20
c.
The
penalty
imposed
in
this
subsection
is
in
addition
21
to
the
tax,
penalty,
and
interest
imposed
in
other
sections
22
of
this
chapter.
Each
day
a
violation
occurs
counts
as
a
new
23
violation
for
purposes
of
this
subsection.
24
2.
a.
An
operator
of
an
internet
site,
online
or
cloud
25
computing
service,
online
application,
or
mobile
application
26
directed
to
persons
under
legal
age,
shall
not
market
or
27
advertise
a
vapor
product
on
that
internet
site,
online
28
or
cloud
computing
service,
online
application,
or
mobile
29
application.
30
b.
An
operator
of
an
internet
site,
online
or
cloud
31
computing
service,
online
application,
or
mobile
application
32
who
has
actual
knowledge
that
a
person
under
legal
age
is
using
33
its
internet
site,
online
or
cloud
computing
service,
online
34
application,
or
mobile
application,
and
which
user
is
a
person
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under
legal
age,
shall
not
market
or
advertise
a
vapor
product
1
to
a
person
under
legal
age,
if
the
marketing
or
advertising
is
2
directed
to
the
person
under
legal
age,
based
upon
information
3
specific
to
that
person,
including
the
person’s
profile,
4
activity,
address,
or
location
sufficient
to
establish
contact
5
with
the
person
and
excluding
internet
protocol
address
and
6
product
identification
numbers
for
the
operation
of
a
service.
7
The
operator
shall
be
deemed
to
be
in
compliance
with
this
8
subsection
if
the
operator
takes
reasonable
actions
in
good
9
faith
designed
to
avoid
marketing
or
advertising
a
vapor
10
product
to
persons
under
legal
age.
11
c.
An
operator
of
an
internet
site,
online
or
cloud
12
computing
service,
online
application,
or
mobile
application
13
directed
to
persons
under
legal
age
or
an
operator
of
an
14
internet
site,
online
or
cloud
computing
service,
online
15
application,
or
mobile
application
who
has
actual
knowledge
16
that
a
person
under
legal
age
is
using
its
internet
site,
17
online
or
cloud
computing
service,
online
application,
or
18
mobile
application
shall
not
knowingly
use,
disclose,
or
19
compile,
or
allow
another
person
to
use,
disclose,
or
compile,
20
the
personal
information
of
the
person
under
legal
age
if
that
21
operator
has
actual
knowledge
that
the
person’s
personally
22
identifiable
information
will
be
used
for
the
purpose
of
23
marketing
or
advertising
to
the
person
a
vapor
product.
24
d.
An
operator
of
an
internet
site,
online
or
cloud
25
computing
service,
online
application,
or
mobile
application
26
directed
to
persons
under
legal
age,
in
which
marketing
or
27
advertising
is
provided
by
an
advertising
service,
in
lieu
28
of
compliance
with
paragraph
“a”
shall
instead
notify
the
29
advertising
service,
in
a
manner
directed
by
the
advertising
30
service,
that
the
internet
site,
online
or
cloud
computing
31
service,
online
application,
or
mobile
application
is
directed
32
to
persons
under
legal
age.
33
e.
An
advertising
service
which
provides
marketing
or
34
advertising
for
an
internet
site,
online
or
cloud
computing
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service,
online
application,
or
mobile
application
directed
1
to
persons
under
legal
age,
and
which
has
received
the
notice
2
required
by
paragraph
“d”
,
shall
not
market
or
advertise
on
3
the
internet
site,
online
or
cloud
computing
service,
online
4
application,
or
mobile
application
a
vapor
product.
5
f.
This
subsection
shall
not
be
construed
to
require
6
an
operator
of
an
internet
site,
online
or
cloud
computing
7
service,
online
application,
or
mobile
application
to
collect
8
age
information
about
users.
9
g.
The
marketing
and
advertising
restrictions
described
in
10
this
subsection
shall
not
apply
to
the
incidental
placement
11
of
vapor
products
embedded
in
content
if
the
content
is
not
12
distributed
by
or
at
the
direction
of
the
operator
primarily
13
for
the
purposes
of
marketing
and
advertising
a
vapor
product.
14
h.
As
used
in
this
subsection:
15
(1)
“Advertising
service”
means
a
person
who
provides,
16
creates,
plans,
or
handles
marketing
or
advertising
for
another
17
person.
18
(2)
“Content”
means
information
of
any
kind,
including
but
19
not
limited
to
text,
images,
audio,
and
video.
20
(3)
“
Internet
site,
online
or
cloud
computing
service,
online
21
application,
or
mobile
application
directed
to
persons
under
22
legal
age”
means
any
internet
site,
online
or
cloud
computing
23
service,
online
application,
or
mobile
application
that
is
24
targeted
or
intended
to
reach
an
audience
that
is
composed
25
predominantly
of
persons
under
legal
age.
An
internet
site,
26
online
or
cloud
computing
service,
online
application,
or
27
mobile
application
shall
not
be
deemed
directed
to
persons
28
under
legal
age
solely
because
it
refers
or
links
to
another
29
internet
site,
online
or
cloud
computing
service,
online
30
application,
or
mobile
application
directed
to
persons
under
31
legal
age
by
using
information
location
tools,
including
a
32
directory,
index,
reference,
pointer,
or
hypertext
link.
33
(4)
“Market
or
advertise”
or
“marketing
or
advertising”
means
34
making
a
communication
or
arranging
for
a
communication
to
be
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made,
in
exchange
for
compensation,
about
a
product
or
service
1
the
primary
purpose
of
which
is
to
encourage
recipients
of
the
2
communication
to
purchase
or
use
the
product
or
service.
3
(5)
“Operator”
means
a
person
who
owns
an
internet
site,
4
online
or
cloud
computing
service,
online
application,
or
5
mobile
application.
“Operator”
does
not
include
any
third
party
6
that
operates,
hosts,
or
manages,
but
does
not
own,
an
internet
7
site,
online
or
cloud
computing
service,
online
application,
8
or
mobile
application
on
the
owner’s
behalf
or
processes
9
information
on
the
owner’s
behalf.
10
(6)
“Person
under
legal
age”
means
a
person
who
is
under
the
11
legal
age
as
defined
in
section
453A.1.
12
(7)
“Personally
identifiable
information”
means
any
13
personally
identifiable
information
about
a
user
of
a
14
commercial
internet
site,
online
or
cloud
computing
service,
15
online
application,
or
mobile
application
that
is
collected
16
online
by
the
operator
of
that
commercial
internet
site,
17
online
service,
online
application,
or
mobile
application
from
18
that
user
and
maintained
by
the
operator
in
an
accessible
19
form,
including
a
first
and
last
name,
a
physical
address,
an
20
electronic
mail
address,
a
telephone
number,
a
social
security
21
number,
or
any
other
identifier
that
permits
the
physical
22
or
online
contacting
of
the
user,
and
any
other
information
23
concerning
the
user
collected
by
the
operator
of
the
commercial
24
internet
site,
online
service,
online
application,
or
mobile
25
application
from
the
user
and
maintained
in
personally
26
identifiable
form
in
combination
with
any
identifier
described
27
in
this
subparagraph.
28
(8)
“User”
means
an
individual
that
uses
an
internet
site,
29
online
or
cloud
computing
service,
online
application,
or
30
mobile
application.
31
i.
(1)
The
following
civil
penalties
shall
be
imposed
for
a
32
violation
of
this
subsection:
33
(a)
A
two
hundred
dollar
penalty
for
the
first
violation.
34
(b)
A
five
hundred
dollar
penalty
for
a
second
violation
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within
three
years
of
the
first
violation.
1
(c)
A
one
thousand
dollar
penalty
for
a
third
or
subsequent
2
violation
within
three
years
of
the
first
violation.
3
(2)
Each
day
a
violation
occurs
counts
as
a
new
violation
4
for
purposes
of
this
subsection.
5
DIVISION
V
6
SMOKE-FREE
AIR
ACT
——
VAPING
PRODUCTS
7
Sec.
29.
Section
142D.1,
subsections
2
and
3,
Code
2020,
are
8
amended
to
read
as
follows:
9
2.
The
general
assembly
finds
that
environmental
tobacco
10
smoke
causes
and
exacerbates
and
vapor
products
cause
and
11
exacerbate
disease
in
nonsmoking
adults
and
children.
These
12
findings
are
sufficient
to
warrant
measures
that
regulate
13
smoking
in
public
places,
places
of
employment,
and
outdoor
14
areas
in
order
to
protect
the
public
health
and
the
health
of
15
employees.
16
3.
The
purpose
of
this
chapter
is
to
reduce
the
level
of
17
exposure
by
the
general
public
and
employees
to
environmental
18
tobacco
smoke
and
vapor
products
in
order
to
improve
the
public
19
health
of
Iowans.
20
Sec.
30.
Section
142D.2,
subsection
21,
Code
2020,
is
21
amended
to
read
as
follows:
22
21.
“Smoking”
means
inhaling,
exhaling,
burning,
or
carrying
23
any
lighted
or
heated
cigar,
cigarette,
pipe,
or
any
other
24
tobacco
product
or
plant
product,
whether
natural
or
synthetic,
25
in
any
manner
or
in
any
form.
“Smoking”
includes
the
use
of
26
a
vapor
product,
in
any
manner
or
in
any
form,
and
the
use
27
of
any
device
or
delivery
system
that
contains
or
delivers
28
nicotine
or
any
other
substance
intended
for
human
consumption
29
through
inhalation
of
vapor
or
aerosol.
“Smoking”
does
not
30
include
smoking
that
is
associated
with
a
recognized
religious
31
ceremony,
ritual,
or
activity,
including
but
not
limited
to
32
burning
of
incense.
33
Sec.
31.
Section
142D.2,
Code
2020,
is
amended
by
adding
the
34
following
new
subsection:
35
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NEW
SUBSECTION
.
23.
“Vapor
product”
means
the
same
as
1
defined
in
section
453A.1.
2
DIVISION
VI
3
VAPING
POLICIES
FOR
SCHOOLS
4
Sec.
32.
Section
256.7,
Code
2020,
is
amended
by
adding
the
5
following
new
subsection:
6
NEW
SUBSECTION
.
34.
Adopt
by
rule
evidence-informed
7
guidelines
applicable
to
all
students
in
kindergarten
through
8
grade
twelve
in
every
school
district
and
accredited
nonpublic
9
school
to
increase
student
knowledge
of
the
facts
about
and
to
10
prevent
the
use
of
vapor
products
as
defined
in
section
453A.1.
11
EXPLANATION
12
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
13
the
explanation’s
substance
by
the
members
of
the
general
assembly.
14
This
bill
relates
to
the
regulation
and
taxation
of
tobacco,
15
tobacco
products,
alternative
nicotine
products,
vapor
16
products,
and
cigarettes.
17
Division
I
of
the
bill
provides
that
the
legal
age
relative
18
to
tobacco,
tobacco
products,
alternative
nicotine
products,
19
vapor
products,
and
cigarettes
is
21
years
of
age.
The
bill
20
provides
that
a
person
shall
not
sell,
give,
or
otherwise
21
supply
any
tobacco,
tobacco
products,
alternative
nicotine
22
products,
vapor
products,
or
cigarettes
to
any
person
under
23
legal
age;
that
a
person
under
legal
age
shall
not
smoke,
use,
24
possess,
purchase,
or
attempt
to
purchase
any
tobacco,
tobacco
25
products,
alternative
nicotine
products,
vapor
products,
or
26
cigarettes.
The
bill
makes
conforming
changes
in
the
Code
27
for
exceptions
to
possession
of
tobacco,
tobacco
products,
28
alternative
nicotine
products,
vapor
products,
or
cigarettes
29
by
an
individual
under
legal
age
if
the
individual
possesses
30
the
product
as
part
of
the
individual’s
employment
and
if
the
31
individual
is
involved
in
a
compliance
effort.
The
bill
also
32
provides
that
relative
to
vending
machines,
tobacco,
tobacco
33
products,
alternative
nicotine
products,
vapor
products,
and
34
cigarettes
shall
not
be
sold
through
a
vending
machine
unless
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the
vending
machine
is
located
in
a
place
where
the
retailer
1
ensures
that
no
person
younger
than
legal
age
is
present
or
2
permitted
to
enter
at
any
time.
The
bill
provides
that
for
the
3
purposes
of
giving
away
these
products
or
providing
samples,
4
the
recipient
must
be
of
legal
age.
The
bill
also
provides
5
that
for
delivery
sales,
the
retailer
must
verify
that
the
6
purchaser
is
at
least
of
legal
age
and
must
use
a
method
of
7
mailing,
shipping,
or
delivery
that
requires
the
signature
of
a
8
person
who
is
at
least
of
legal
age
before
the
shipping
package
9
is
released
to
the
purchaser.
10
The
division
takes
effect
upon
enactment.
11
Division
II
of
the
bill
relates
to
limitations
on
the
sale
12
or
distribution
of
vapor
products
with
characterizing
flavor.
13
The
bill
prohibits
a
retailer
(any
person
engaged
in
the
14
business
of
selling
tobacco,
tobacco
products,
alternative
15
nicotine
products,
or
vapor
products
to
ultimate
consumers)
16
from
offering
for
sale,
giving,
or
otherwise
supplying
in
this
17
state
any
vapor
product
with
a
characterizing
flavor.
There
18
shall
be
a
rebuttable
presumption
that
a
vapor
product
has
a
19
characterizing
flavor
if
any
statement
or
claim
made
by
the
20
manufacturer
or
agent
or
employee
of
the
manufacturer,
directed
21
to
consumers
or
to
the
public,
states
or
claims
that
the
22
vapor
product
has
or
produces
a
characterizing
flavor.
Such
23
statements
or
claims
include
but
are
not
limited
to
those
made
24
through
social
media,
the
product’s
labeling
or
packaging,
or
25
other
advertising
used
to
explicitly
or
implicitly
communicate
26
that
the
vapor
product
has
a
characterizing
flavor.
The
bill
27
defines
“characterizing
flavor”
as
a
distinguishable
taste
28
or
aroma
or
both,
other
than
the
taste
or
aroma
of
tobacco,
29
imparted
by
a
vapor
product
or
any
byproduct
produced
by
the
30
vapor
product.
Characterizing
flavors
include
but
are
not
31
limited
to
tastes
or
aromas
relating
to
any
fruit,
chocolate,
32
vanilla,
honey,
candy,
cocoa,
dessert,
alcoholic
beverage,
33
menthol,
mint,
wintergreen,
herb,
or
spice.
A
retailer
34
who
violates
this
provision
is
subject
to
permit
suspension
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or
revocation.
Additionally,
a
retailer
who
violates
this
1
provision
is
guilty
of
a
fraudulent
practice.
The
penalties
2
applicable
to
a
fraudulent
practice
are
based
on
the
amount
of
3
money
or
value
of
the
property
or
services
involved
and
range
4
from
a
simple
misdemeanor
when
the
amount
does
not
exceed
$300,
5
to
a
class
“C”
felony,
punishable
by
confinement
for
no
more
6
than
10
years
and
a
fine
of
at
least
$1,000
but
not
more
than
7
$10,000,
when
the
amount
involved
exceeds
$10,000.
8
Division
III
of
the
bill
relates
to
taxes
on
vapor
products.
9
The
bill
imposes
a
tax
on
vapor
products
in
the
state
at
the
10
rate
of
50
percent
of
the
wholesale
sales
price
of
the
vapor
11
product.
The
tax
shall
be
imposed
on
any
component
part
or
12
accessory
of
a
vapor
product,
whether
or
not
sold
separately,
13
that
is
necessary
to
and
used
during
the
operation
of
a
vapor
14
product,
including
but
not
limited
to
any
cartridge
or
other
15
container
of
a
solution
or
other
substance,
which
may
or
may
16
not
contain
nicotine,
that
is
intended
to
be
used
with
or
in
an
17
electronic
cigarette,
electronic
cigar,
electronic
cigarillo,
18
electronic
pipe,
or
similar
product
or
device.
The
tax
is
19
imposed
at
the
point
of
retail
sale
to
consumers
in
this
20
state.
The
amount
of
the
tax
shall
be
added
to
the
selling
21
price
of
each
vapor
product
sold
in
this
state
and
shall
be
22
collected
from
the
purchaser
so
that
the
ultimate
consumer
23
bears
the
burden
of
the
tax.
The
bill
defines
“wholesale
sales
24
price”
as
the
price
charged
to
a
wholesaler
or
distributor
by
25
the
manufacturer
of
a
vapor
product,
the
price
charged
to
a
26
retailer
by
a
wholesaler
or
distributor
of
a
vapor
product,
or,
27
if
the
retailer
is
the
manufacturer
of
the
vapor
product,
the
28
retail
sales
price
of
a
vapor
product,
whichever
applicable
29
price
is
highest.
30
The
bill
makes
other
conforming
changes.
Existing
31
penalties
for
violations
of
the
provisions
of
Code
chapter
453A
32
(cigarette
and
tobacco
taxes
and
regulation
of
alternative
33
nicotine
products
and
vapor
products),
including
permit
34
revocation
or
suspension
and
civil
penalties,
are
applicable
to
35
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violations
of
the
bill.
1
Division
IV
of
the
bill
relates
to
the
marketing
and
2
advertising
of
vapor
products.
The
bill
prohibits
a
retailer
3
from
advertising
vapor
products
in
a
place
of
business
unless
4
the
advertisement
is
placed
in
a
location
where
the
retailer
5
ensures
the
advertisement
is
not
visible
to
any
person
under
6
legal
age.
The
bill
also
prohibits
an
operator
of
an
internet
7
site,
online
or
cloud
computing
service,
online
application,
8
or
mobile
application
directed
to
persons
under
legal
age,
9
from
marketing
or
advertising
a
vapor
product
on
that
internet
10
site,
online
or
cloud
computing
service,
online
application,
11
or
mobile
application.
If
such
person
has
actual
knowledge
12
that
a
person
under
legal
age
is
using
its
internet
website,
13
online
or
cloud
computing
service,
online
application,
or
14
mobile
application,
and
which
user
is
that
person
under
legal
15
age,
the
person
is
prohibited
from
marketing
or
advertising
a
16
vapor
product
to
that
person
under
legal
age,
if
the
marketing
17
or
advertising
is
directed
to
the
person
under
legal
age,
based
18
upon
information
specific
to
that
person.
If
such
person
19
has
actual
knowledge
that
a
person
under
legal
age
is
using
20
its
internet
site,
online
or
cloud
computing
service,
online
21
application,
or
mobile
application,
the
person
is
prohibited
22
from
knowingly
using,
disclosing,
or
compiling,
or
allowing
23
another
person
to
use,
disclose,
or
compile,
the
personal
24
information
of
the
person
under
legal
age
if
that
operator
has
25
actual
knowledge
that
the
person’s
personally
identifiable
26
information
will
be
used
for
the
purpose
of
marketing
or
27
advertising
to
the
person
a
vapor
product.
If
marketing
or
28
advertising
is
provided
by
an
advertising
service,
the
internet
29
site,
online
or
cloud
computing
service,
or
online
application,
30
or
mobile
application
shall
notify
the
advertising
service,
in
31
a
manner
directed
by
the
advertising
service,
that
the
internet
32
site,
online
or
cloud
computing
service,
online
application,
or
33
mobile
application
is
directed
to
persons
under
legal
age
and
34
the
advertising
service
which
provides
marketing
or
advertising
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for
an
internet
site,
online
or
cloud
computing
service,
online
1
application,
or
mobile
application
directed
to
persons
under
2
legal
age,
and
which
has
received
the
notice
required
shall
3
not
market
or
advertise
on
the
internet
site,
online
or
cloud
4
computing
service,
online
application,
or
mobile
application
a
5
vapor
product.
The
provision
is
not
to
be
construed
to
require
6
an
operator
of
an
internet
site,
online
or
cloud
computing
7
service,
online
application,
or
mobile
application
to
collect
8
age
information
about
users
and
the
marketing
and
advertising
9
restrictions
shall
not
apply
to
the
incidental
placement
of
10
vapor
products
embedded
in
content
if
the
content
is
not
11
distributed
by
or
at
the
direction
of
the
operator
primarily
12
for
the
purposes
of
marketing
and
advertising
a
vapor
product.
13
A
person
who
violates
a
provision
of
the
division
is
subject
14
to
applicable
permit
suspension
and
revocation
and
civil
15
penalties.
16
Division
V
relates
to
the
smoke-free
air
Act
(Code
chapter
17
142D).
The
bill
amends
the
definition
of
“smoking”
to
include
18
reference
to
vapor
products
and
other
devices
or
delivery
19
systems
that
contain
or
deliver
nicotine
or
other
substances
20
through
inhalation
of
vapor
or
aerosol.
21
Division
VI
requires
the
state
board
of
education
to
adopt
by
22
rule
evidence-informed
guidelines
applicable
to
all
students
23
in
kindergarten
through
grade
12
in
every
school
district
and
24
accredited
nonpublic
school
to
increase
student
knowledge
of
25
the
facts
about
and
prevent
the
use
of
vapor
products.
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