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Senate File 429 - IntroducedA Bill ForAn Act 1relating to flavored vapor products, providing for
2permit suspension and revocation, and providing civil
3penalties.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 453A.1, Code 2023, is amended by adding
2the following new subsections:
3 NEW SUBSECTION. 3A. “Characterizing flavor” means a
4distinguishable flavor, taste, or aroma including but not
5limited to any fruit, chocolate, vanilla, honey, candy, cocoa,
6dessert, alcoholic beverage, herb, mint, wintergreen, menthol,
7or spice flavoring, that in any manner is a component or
8byproduct of, is produced by, or emanates from a vapor product.
9A vapor product shall be deemed to have a characterizing flavor
10if the vapor product is advertised or marketed as having or
11producing in any manner any such distinguishable flavor, taste,
12or aroma.
13 NEW SUBSECTION. 15A. “Flavored vapor product” means a
14vapor product, in whatever form including but not limited to
15cartridge-based, refillable, or disposable, and including any
16cartridge, container of a solution or other substance, or other
17component part or accessory of a vapor product such as a vapor
18product flavor enhancer, whether or not integral to or separate
19from the vapor product, that has or produces a characterizing
20flavor.
21 NEW SUBSECTION. 29A. “Vapor product flavor enhancer”
22means a product designed, manufactured, fabricated, produced,
23marketed, or sold to produce a characterizing flavor when used
24with a vapor product.
25 Sec. 2. NEW SECTION. 453A.5A Flavored vapor products
26prohibited — permit actions — civil penalties.
271. A person including a manufacturer, distributor,
28distributing agent, subjobber, wholesaler, cigarette vendor, or
29retailer, as defined in sections 453A.1 and 453A.42; a common
30carrier; or an employee or agent thereof, shall not fabricate
31or manufacture in this state; ship, import, transport, or
32otherwise bring into this state; or possess, transport, store,
33distribute, sell, offer for sale, give, or otherwise supply
34including through a delivery sale in this state, flavored vapor
35products.
-1- 12. Compliance with this section is a condition of holding
2any permit under subchapter I or subchapter II of this chapter.
3A permit holder who violates this section is subject to permit
4suspension and revocation provisions otherwise applicable under
5subchapter I or subchapter II of this chapter.
63. A person who violates this section is subject to the
7following civil penalties:
8a. A two hundred dollar penalty for the first violation.
9b. A five hundred dollar penalty for a second violation
10within three years of the first violation.
11c. A one thousand dollar penalty for a third or subsequent
12violation within three years of the first violation.
13EXPLANATION
14The inclusion of this explanation does not constitute agreement with
15the explanation’s substance by the members of the general assembly.
16This bill prohibits a person including a manufacturer,
17distributor, distributing agent, subjobber, wholesaler,
18cigarette vendor, or retailer; a common carrier; or an
19employee or agent thereof, from fabricating or manufacturing
20in this state; shipping, importing, transporting, or otherwise
21bringing into this state; or possessing, transporting, storing,
22distributing, selling, offering for sale, giving, or otherwise
23supplying including through delivery sales in this state,
24flavored vapor products. Flavored vapor product is defined in
25the bill.
26Compliance with the bill is a condition of holding any
27permit under Code chapter 453A (cigarette and tobacco taxes
28and regulation of alternative nicotine products and vapor
29products). A permit holder who violates the bill is subject
30to permit suspension and revocation provisions under the Code
31chapter. The bill also provides that a person who violates
32the bill is subject to civil penalties ranging from $200 for a
33first violation, $500 for a second violation within three years
34of the first violation, and $1,000 for a third or subsequent
35violation within three years of the first violation.
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2permit suspension and revocation, and providing civil
3penalties.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 453A.1, Code 2023, is amended by adding
2the following new subsections:
3 NEW SUBSECTION. 3A. “Characterizing flavor” means a
4distinguishable flavor, taste, or aroma including but not
5limited to any fruit, chocolate, vanilla, honey, candy, cocoa,
6dessert, alcoholic beverage, herb, mint, wintergreen, menthol,
7or spice flavoring, that in any manner is a component or
8byproduct of, is produced by, or emanates from a vapor product.
9A vapor product shall be deemed to have a characterizing flavor
10if the vapor product is advertised or marketed as having or
11producing in any manner any such distinguishable flavor, taste,
12or aroma.
13 NEW SUBSECTION. 15A. “Flavored vapor product” means a
14vapor product, in whatever form including but not limited to
15cartridge-based, refillable, or disposable, and including any
16cartridge, container of a solution or other substance, or other
17component part or accessory of a vapor product such as a vapor
18product flavor enhancer, whether or not integral to or separate
19from the vapor product, that has or produces a characterizing
20flavor.
21 NEW SUBSECTION. 29A. “Vapor product flavor enhancer”
22means a product designed, manufactured, fabricated, produced,
23marketed, or sold to produce a characterizing flavor when used
24with a vapor product.
25 Sec. 2. NEW SECTION. 453A.5A Flavored vapor products
26prohibited — permit actions — civil penalties.
271. A person including a manufacturer, distributor,
28distributing agent, subjobber, wholesaler, cigarette vendor, or
29retailer, as defined in sections 453A.1 and 453A.42; a common
30carrier; or an employee or agent thereof, shall not fabricate
31or manufacture in this state; ship, import, transport, or
32otherwise bring into this state; or possess, transport, store,
33distribute, sell, offer for sale, give, or otherwise supply
34including through a delivery sale in this state, flavored vapor
35products.
-1- 12. Compliance with this section is a condition of holding
2any permit under subchapter I or subchapter II of this chapter.
3A permit holder who violates this section is subject to permit
4suspension and revocation provisions otherwise applicable under
5subchapter I or subchapter II of this chapter.
63. A person who violates this section is subject to the
7following civil penalties:
8a. A two hundred dollar penalty for the first violation.
9b. A five hundred dollar penalty for a second violation
10within three years of the first violation.
11c. A one thousand dollar penalty for a third or subsequent
12violation within three years of the first violation.
13EXPLANATION
14The inclusion of this explanation does not constitute agreement with
15the explanation’s substance by the members of the general assembly.
16This bill prohibits a person including a manufacturer,
17distributor, distributing agent, subjobber, wholesaler,
18cigarette vendor, or retailer; a common carrier; or an
19employee or agent thereof, from fabricating or manufacturing
20in this state; shipping, importing, transporting, or otherwise
21bringing into this state; or possessing, transporting, storing,
22distributing, selling, offering for sale, giving, or otherwise
23supplying including through delivery sales in this state,
24flavored vapor products. Flavored vapor product is defined in
25the bill.
26Compliance with the bill is a condition of holding any
27permit under Code chapter 453A (cigarette and tobacco taxes
28and regulation of alternative nicotine products and vapor
29products). A permit holder who violates the bill is subject
30to permit suspension and revocation provisions under the Code
31chapter. The bill also provides that a person who violates
32the bill is subject to civil penalties ranging from $200 for a
33first violation, $500 for a second violation within three years
34of the first violation, and $1,000 for a third or subsequent
35violation within three years of the first violation.
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