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Text: S03255                            Text: S03257
Text: S03200 - S03299                   Text: S Index
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Senate Amendment 3256

Amendment Text

PAG LIN
  1  1    Amend Senate File 503 as follows:
  1  2    #1.  Page 1, by inserting after line 19 the
  1  3 following:
  1  4    "Sec.    .  Section 453A.39, Code 1997, is amended
  1  5 to read as follows:
  1  6    453A.39  TOBACCO PRODUCT AND CIGARETTE SAMPLES –
  1  7 RESTRICTIONS – ADMINISTRATION PROHIBITION.
  1  8    1.  A manufacturer, distributor, wholesaler,
  1  9 retailer, or distributing agent or agent thereof shall
  1 10 not give away cigarettes or tobacco products at any
  1 11 time in connection with the manufacturer's,
  1 12 distributor's, wholesaler's, retailer's, or
  1 13 distributing agent's business or for promotion of the
  1 14 business or product, except as provided in subsection
  1 15 2.
  1 16    2.  a.  A manufacturer, distributor, wholesaler,
  1 17 retailer, or distributing agent or agent thereof shall
  1 18 not give away any cigarettes or tobacco products to
  1 19 any person under eighteen years of age, or within five
  1 20 hundred feet of any playground, school, high school,
  1 21 or other facility when such facility is being used
  1 22 primarily by persons under age eighteen for
  1 23 recreational, educational, or other purposes.
  1 24    b.  Proof of age shall be required if a reasonable
  1 25 person could conclude on the basis of outward
  1 26 appearance that a prospective recipient of a sample
  1 27 may be under eighteen years of age.
  1 28    c.  Persons engaged in sampling shall secure stocks
  1 29 of samples in safe locations in order to avoid
  1 30 inadvertent distribution of samples contrary to the
  1 31 provisions of this section.
  1 32    d.  Sampling shall cease at a particular location
  1 33 when circumstances arise that make it apparent that
  1 34 sampling cannot continue in a manner consistent with
  1 35 the provisions of this section; however, sampling may
  1 36 resume at that location when such circumstances abate.
  1 37    e.  All cigarette samples shall be shipped to a
  1 38 distributor that has a permit to stamp cigarettes or
  1 39 little cigars with Iowa tax.  The manufacturer
  1 40 shipping samples under this section shall send an
  1 41 affidavit to the director stating the quantity and to
  1 42 whom the samples were shipped.  The distributor
  1 43 receiving the shipment shall send an affidavit to the
  1 44 director stating the quantity and from whom the
  1 45 samples were shipped.  These affidavits shall be duly
  1 46 notarized and submitted to the director at time of
  1 47 shipment and receipt of the samples.  The distributor
  1 48 shall pay the tax on samples by separate remittance
  1 49 along with the affidavit."
  1 50    #2.  Title page, line 3, by inserting after the
  2  1 word "minors," the following:  "prohibiting the giving
  2  2 away of tobacco products and cigarette samples,".
  2  3    #3.  By renumbering as necessary.  
  2  4 
  2  5 
  2  6                               
  2  7 JOHNIE HAMMOND
  2  8 
  2  9 
  2 10                               
  2 11 ROBERT DVORSKY
  2 12 SF 503.507 77
  2 13 pf/jw/28
     

Text: S03255                            Text: S03257
Text: S03200 - S03299                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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