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House Journal: Page 1035: Wednesday, March 27, 1996

Page  13

 1     6.  a.  A person shall not sell cigarettes or
 2   tobacco products through a vending machine or through
 3   self-service displays in this state.
 4     b.  A manufacturer, distributor, wholesaler,
 5   retailer, distributing agent or agent thereof shall
 6   not give away cigarettes or tobacco products at any
 7   time in connection with the manufacturer's,
 8   distributor's, wholesaler's, retailers', distributing
 9   agent's or agent's thereof promotion of the business
10   or product.
11     c.  It is unlawful for any manufacturer,
12   distributor, wholesaler, retailer, distributing agent
13   or agent thereof to advertise on any advertising
14   device cigarettes or other tobacco products within one
15   thousand feet of any playground, elementary school,
16   middle school, high school, or other facility when
17   such facility is being used primarily by persons under
18   age eighteen for recreational, educational, or other
19   purposes.
20     d.  A manufacturer, distributor, wholesaler,
21   retailer, distributing agent or agent thereof shall
22   not advertise cigarettes or tobacco products on
23   advertising devices in this state, no matter where
24   located, including but not limited to advertising
25   devices located on public transportation or at the
26   point-of-sale, shall be in black and white text only.
27     e.  A manufacturer, distributor, wholesaler,
28   retailer, distributing agent or agent thereof shall
29   not sell or distribute in this state promotional items
30   and prizes, including but not limited to caps, T-
31   shirts, and bags, which bear the logo or name of a
32   cigarette or tobacco product, and shall not utilize
33   proof-of-purchase exchanges for cigarettes or other
34   tobacco products in this state.
35     f.  Any cigarettes or tobacco products or related
36   items sold or distributed in this state are subject to
37   all of the following, as applicable:
38     (1)  All sales of cigarettes and tobacco products
39   shall be made in face-to-face sales, and age
40   verification shall be required for each sale.
41     (2)  All cigarettes and tobacco products shall be
42   located behind a counter or in another location which
43   is under the exclusive control of the seller and which
44   is not directly accessible to the general public.
45     g.  In addition to any other penalty which applies
46   to a violation of this subsection, any person, as
47   specified in this subsection, who violates this
48   subsection, is guilty of a serious misdemeanor.
49     Sec. 74.  Section 453A.42, subsection 8, Code 1995,
50   is amended to read as follows:

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