Senate File 2097 - Introduced
SENATE FILE
BY FEENSTRA
A BILL FOR
1 An Act relating to the legal age relating to the purchase,
2 possession, or use of tobacco, tobacco products, alternative
3 nicotine products, vapor products, and cigarettes, and
4 including effective date and applicability provisions.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. Section 453A.2, subsections 1, 2, and 3, Code
1 2 2018, are amended to read as follows:
1 3 1. A person shall not sell, give, or otherwise supply any
1 4 tobacco, tobacco products, alternative nicotine products, vapor
1 5 products, or cigarettes to any person under eighteen twenty=one
1 6 years of age.
1 7 2. A person under eighteen twenty=one years of age shall
1 8 not smoke, use, possess, purchase, or attempt to purchase any
1 9 tobacco, tobacco products, alternative nicotine products, vapor
1 10 products, or cigarettes.
1 11 3. Possession of tobacco, tobacco products, alternative
1 12 nicotine products, vapor products, or cigarettes by an
1 13 individual under eighteen twenty=one years of age does not
1 14 constitute a violation under this section if the individual
1 15 under eighteen twenty=one years of age possesses the tobacco,
1 16 tobacco products, alternative nicotine products, vapor
1 17 products, or cigarettes as part of the individual's employment
1 18 and the individual is employed by a person who holds a valid
1 19 permit under this chapter or who lawfully offers for sale or
1 20 sells cigarettes or tobacco products.
1 21 Sec. 2. Section 453A.2, subsection 8, paragraph a,
1 22 subparagraph (2), Code 2018, is amended to read as follows:
1 23 (2) The compliance effort is conducted with the advance
1 24 knowledge of law enforcement officers and reasonable measures
1 25 are adopted by those conducting the effort to ensure that use
1 26 of tobacco, tobacco products, alternative nicotine products,
1 27 vapor products, or cigarettes by individuals under eighteen
1 28 twenty=one years of age does not result from participation by
1 29 any individual under eighteen twenty=one years of age in the
1 30 compliance effort.
1 31 Sec. 3. Section 453A.5, subsection 1, Code 2018, is amended
1 32 to read as follows:
1 33 1. The alcoholic beverages division of the department of
1 34 commerce shall develop a tobacco compliance employee training
1 35 program not to exceed two hours in length for employees and
2 1 prospective employees of retailers, as defined in sections
2 2 453A.1 and 453A.42, to inform the employees about state and
2 3 federal laws and regulations regarding the sale of tobacco,
2 4 tobacco products, alternative nicotine products, vapor
2 5 products, and cigarettes to persons under eighteen twenty=one
2 6 years of age and compliance with and the importance of laws
2 7 regarding the sale of tobacco, tobacco products, alternative
2 8 nicotine products, vapor products, and cigarettes to persons
2 9 under eighteen twenty=one years of age.
2 10 Sec. 4. Section 453A.36, subsection 6, Code 2018, is amended
2 11 to read as follows:
2 12 6. Any sales of tobacco, tobacco products, alternative
2 13 nicotine products, vapor products, or cigarettes made through a
2 14 cigarette vending machine are subject to rules and penalties
2 15 relative to retail sales of tobacco, tobacco products,
2 16 alternative nicotine products, vapor products, and cigarettes
2 17 provided for in this chapter. Cigarettes shall not be sold
2 18 through any cigarette vending machine unless the cigarettes
2 19 have been properly stamped or metered as provided by this
2 20 division, and in case of violation of this provision, the
2 21 permit of the dealer authorizing retail sales of cigarettes
2 22 shall be revoked. Payment of the permit fee as provided
2 23 in section 453A.13 authorizes a cigarette vendor to sell
2 24 tobacco, tobacco products, alternative nicotine products, vapor
2 25 products, and cigarettes through vending machines. However,
2 26 tobacco, tobacco products, alternative nicotine products,
2 27 vapor products, and cigarettes shall not be sold through a
2 28 vending machine unless the vending machine is located in a
2 29 place where the retailer ensures that no person younger than
2 30 eighteen twenty=one years of age is present or permitted to
2 31 enter at any time. Tobacco, tobacco products, alternative
2 32 nicotine products, vapor products, and cigarettes shall not be
2 33 sold through any cigarette vending machine if such products
2 34 are placed together with any nontobacco product, other than
2 35 matches, in the cigarette vending machine. This section does
3 1 not require a retail permit holder to buy a cigarette vendor's
3 2 permit if the retail permit holder is in fact the owner of the
3 3 cigarette vending machines and the machines are operated in the
3 4 location described in the retail permit.
3 5 Sec. 5. Section 453A.39, subsection 2, paragraphs b and c,
3 6 Code 2018, are amended to read as follows:
3 7 b. A manufacturer, distributor, wholesaler, retailer, or
3 8 distributing agent or agent thereof shall not give away any
3 9 tobacco, tobacco products, alternative nicotine products, vapor
3 10 products, or cigarettes to any person under eighteen twenty=one
3 11 years of age, or within five hundred feet of any playground,
3 12 school, high school, or other facility when such facility is
3 13 being used primarily by persons under age eighteen twenty=one
3 14 years of age for recreational, educational, or other purposes.
3 15 c. Proof of age shall be required if a reasonable person
3 16 could conclude on the basis of outward appearance that a
3 17 prospective recipient of a sample may be under eighteen
3 18 twenty=one years of age.
3 19 Sec. 6. Section 453A.47B, subsection 1, unnumbered
3 20 paragraph 1, Code 2018, is amended to read as follows:
3 21 Prior to sale to the purchaser, the retailer verifies that
3 22 the purchaser is at least eighteen twenty=one years of age
3 23 through or by one of the following:
3 24 Sec. 7. Section 453A.47B, subsection 2, Code 2018, is
3 25 amended to read as follows:
3 26 2. The retailer uses a method of mailing, shipping, or
3 27 delivery that requires the signature of a person who is at
3 28 least eighteen twenty=one years of age before the shipping
3 29 package is released to the purchaser.
3 30 Sec. 8. EFFECTIVE DATE. This Act takes effect January 1,
3 31 2019.
3 32 Sec. 9. APPLICABILITY. This Act shall not apply to any
3 33 person who is eighteen years of age or older before January 1,
3 34 2019, and who, before that date, could lawfully smoke, use,
3 35 possess, purchase, or attempt to purchase tobacco, tobacco
4 1 products, alternative nicotine products, vapor products, or
4 2 cigarettes.
4 3 EXPLANATION
4 4 The inclusion of this explanation does not constitute agreement with
4 5 the explanation's substance by the members of the general assembly.
4 6 This bill provides that, beginning January 1, 2019, the
4 7 legal age relative to the purchase, possession, or use of
4 8 tobacco, tobacco products, alternative nicotine products, vapor
4 9 products, and cigarettes is 21 years of age. The bill provides
4 10 that a person shall not sell, give, or otherwise supply any
4 11 tobacco, tobacco products, alternative nicotine products, vapor
4 12 products, or cigarettes to any person under 21 years of age;
4 13 and that a person under 21 years of age shall not smoke, use,
4 14 possess, purchase, or attempt to purchase any tobacco, tobacco
4 15 products, alternative nicotine products, vapor products, or
4 16 cigarettes.
4 17 The bill makes conforming changes in the Code for exceptions
4 18 to possession of tobacco, tobacco products, alternative
4 19 nicotine products, vapor products, or cigarettes by an
4 20 individual under 21 years of age if the individual possesses
4 21 the product as part of the individual's employment and if the
4 22 individual is involved in a compliance effort. The bill also
4 23 provides that relative to vending machines, tobacco, tobacco
4 24 products, alternative nicotine products, vapor products, and
4 25 cigarettes shall not be sold through a vending machine unless
4 26 the vending machine is located in a place where the retailer
4 27 ensures that no person younger than 21 years of age is present
4 28 or permitted to enter at any time. The bill also provides that
4 29 for the purposes of giving away these products or providing
4 30 samples, the recipient must be 21 years of age or older.
4 31 The bill is not applicable to any person who is 18 years
4 32 of age or older before January 1, 2019, and who, before that
4 33 date, could lawfully smoke, use, possess, purchase, or attempt
4 34 to purchase tobacco, tobacco products, alternative nicotine
4 35 products, vapor products, or cigarettes.
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