Text: SF02040 Text: SF02042 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 453A.1, Code 2001, is amended by adding 1 2 the following new subsections: 1 3 NEW SUBSECTION. 1A. "Bidi cigarette" means a product 1 4 that contains tobacco that is wrapped in temburni or tendu 1 5 leaf or any other material identified by rules of the Iowa 1 6 department of public health that is similar in appearance or 1 7 characteristics to the temburni or tendu leaf. 1 8 NEW SUBSECTION. 23A. "Smoking herbs" means all substances 1 9 of plant origin and other derivatives including but not 1 10 limited to broom, calea, California poppy, damiana, hops, 1 11 ginseng, lobelia, jimson weed and other members of the Datura 1 12 genus, passion flower, and wild lettuce, which are processed 1 13 or sold primarily for use as smoking materials. 1 14 NEW SUBSECTION. 25A. "Tobacco accessories" means 1 15 cigarette papers, pipes, holders of smoking materials of all 1 16 types, cigarette rolling machines, and other items, designed 1 17 primarily for the smoking or ingestion of tobacco, tobacco 1 18 products, or cigarettes or of any illegal substance or of a 1 19 substance whose sale, giving, or otherwise supplying to 1 20 another person is prohibited by law. 1 21 Sec. 2. Section 453A.1, subsection 3, Code 2001, is 1 22 amended to read as follows: 1 23 3. "Cigarette" means any roll for smoking made wholly or 1 24 in part of tobacco, or any substitute for tobacco, 1 25 irrespective of size or shape and irrespective of tobacco or 1 26 any substitute for tobacco being flavored, adulterated, or 1 27 mixed with any other ingredient,wherewhen such roll has a 1 28 wrapper or cover made of paper or any other material. 1 29Provided the definition herein shall not be construed to1 30 "Cigarette" includes a bidi cigarette but does not include 1 31cigarsa cigar. 1 32 Sec. 3. NEW SECTION. 453A.5 TOBACCO ACCESSORIES AND 1 33 SMOKING HERBS – PROHIBITIONS – PERSONS UNDER LEGAL AGE – 1 34 PENALTIES. 1 35 1. A person shall not sell, give, or otherwise supply 2 1 tobacco accessories or smoking herbs to any person under 2 2 eighteen years of age. 2 3 2. A person who violates this section is subject to the 2 4 following penalties, as applicable: 2 5 a. For a first offense, a civil penalty of not less than 2 6 one hundred dollars but not to exceed five hundred dollars. 2 7 b. For a second offense within a two-year period, a civil 2 8 penalty of not less than two hundred dollars but not to exceed 2 9 five hundred dollars. 2 10 c. For a third or subsequent offense within a two-year 2 11 period, a civil penalty of not less than five hundred dollars 2 12 but not to exceed one thousand dollars. 2 13 Sec. 4. NEW SECTION. 453A.5A BIDI CIGARETTES – 2 14 PROHIBITIONS – PENALTIES. 2 15 1. A person shall not sell, give, or otherwise supply bidi 2 16 cigarettes to a person eighteen years of age or older. 2 17 2. A person who violates this section is subject to the 2 18 following penalties, as applicable: 2 19 a. For a first offense, a civil penalty of not less than 2 20 one hundred dollars but not to exceed five hundred dollars. 2 21 b. For a second offense within a two-year period, a civil 2 22 penalty of not less than two hundred dollars but not to exceed 2 23 five hundred dollars. 2 24 c. For a third or subsequent offense within a two-year 2 25 period, a civil penalty of not less than five hundred dollars 2 26 but not to exceed one thousand dollars. 2 27 EXPLANATION 2 28 This bill relates to certain cigarettes, tobacco products, 2 29 and tobacco accessories. 2 30 The bill defines "bidi cigarette" and also includes a bidi 2 31 cigarette in the definition of "cigarette". By including bidi 2 32 cigarettes in the definition of cigarettes, all other 2 33 provisions of Code chapter 453A (cigarette and tobacco taxes) 2 34 that apply to cigarettes in general also apply specifically to 2 35 bidi cigarettes, including payment of the tax on cigarettes, 3 1 affixing of stamps, and permit requirements. By reference to 3 2 this definition of cigarettes, the provisions of Code chapter 3 3 142A (tobacco use prevention and control) and of Code chapter 3 4 321 (motor vehicle and laws of the road) would also relate to 3 5 bidi cigarettes. Additionally, under the bill, existing law 3 6 relating to persons under legal age and cigarettes in general, 3 7 including existing penalties, would also apply to persons 3 8 under legal age and bidi cigarettes, specifically. The bill 3 9 also includes a separate section that prohibits the sale, 3 10 giving, or otherwise supplying of only cigarettes that are 3 11 bidi cigarettes to persons 18 years of age or older. The 3 12 penalties for the sale, giving, or otherwise supplying of bidi 3 13 cigarettes to persons 18 years of age or older are: for a 3 14 first offense, a civil penalty of not less than $100 but not 3 15 to exceed $500; for a second offense within a two-year period, 3 16 a civil penalty of not less than $200 but not to exceed $500; 3 17 and for a third or subsequent offense within a two-year 3 18 period, a civil penalty of not less than $500 but not to 3 19 exceed $1,000. 3 20 The bill defines "smoking herbs" and "tobacco accessories" 3 21 and provides that a person shall not sell, give, or otherwise 3 22 supply tobacco accessories or smoking herbs to any person 3 23 under 18 years of age. The penalties for violation of the 3 24 prohibition are: for a first offense, a civil penalty of not 3 25 less than $100 but not to exceed $500; for a second offense 3 26 within a two-year period, a civil penalty of not less than 3 27 $200 but not to exceed $500; and for a third or subsequent 3 28 offense within a two-year period, a civil penalty of not less 3 29 than $500 but not to exceed $1,000. 3 30 LSB 5752XS 79 3 31 pf/sh/8
Text: SF02040 Text: SF02042 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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