House
File
2677
S-5183
Amend
House
File
2677,
as
amended,
passed,
and
reprinted
by
1
the
House,
as
follows:
2
1.
By
striking
everything
after
the
enacting
clause
and
3
inserting:
4
<
Section
1.
Section
453A.36,
subsection
7,
Code
2024,
is
5
amended
by
adding
the
following
new
paragraphs:
6
NEW
PARAGRAPH
.
c.
It
is
unlawful
for
a
retailer
of
7
alternative
nicotine
products
or
vapor
products
to
sell
an
8
alternative
nicotine
product
or
vapor
product
that
does
not
9
comply
with
the
applicable
ingredient
listing
required
by
21
10
U.S.C.
387d
of
the
federal
Food,
Drug,
and
Cosmetic
Act.
11
NEW
PARAGRAPH
.
d.
It
is
unlawful
for
a
retailer
to
sell
any
12
container
of
solution
found
in
a
vapor
product
if
the
solution
13
contains
any
substance
other
than
propylene
glycol,
vegetable
14
glycerin,
flavorings,
and
nicotine,
as
applicable.
15
NEW
PARAGRAPH
.
e.
It
is
unlawful
for
a
retailer
to
market,
16
advertise,
sell,
or
cause
to
be
sold
a
vapor
product
if
the
17
vapor
product’s
container,
packaging,
or
advertising
does
any
18
of
the
following:
19
(1)
Depicts
a
cartoon-like
fictional
character
that
mimics
20
a
character
primarily
aimed
at
entertaining
minors.
21
(2)
Imitates
or
mimics
trademarks
or
trade
dress
of
products
22
that
are
or
have
been
primarily
marketed
to
minors.
23
(3)
Includes
a
symbol
that
is
primarily
used
to
market
24
products
to
minors.
25
(4)
Includes
an
image
of
a
celebrity.
26
(5)
Is
designed
to
intentionally
and
knowingly
disguise
the
27
fact
that
it
is
a
vapor
product.
28
NEW
PARAGRAPH
.
f.
(1)
It
is
unlawful
for
a
person
to
29
advertise
or
sell
an
alternative
nicotine
product,
a
tobacco
30
product,
or
a
vapor
product
on
social
media.
31
(2)
For
the
purposes
of
this
paragraph,
“social
media”
means
32
an
online
forum
or
application
that
satisfies
the
criteria
33
specified
in
both
subparagraph
divisions
(a)
and
(b):
34
(a)
Does
both
of
the
following:
35
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2677.4051
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3
#1.
(i)
Allows
users
to
upload
content
or
view
the
content
or
1
activity
of
other
users.
2
(ii)
Employs
algorithms
that
analyze
user
data
or
3
information
on
users
to
select
content
for
users.
4
(b)
Has
any
of
the
following
features:
5
(i)
Infinite
scrolling.
6
(ii)
Push
notifications
or
alerts
sent
by
the
online
forum,
7
internet
site,
or
application
to
inform
the
user
about
specific
8
activities
or
events
related
to
the
user’s
account.
9
(iii)
Displays
personal
interactive
metrics
that
indicate
10
the
number
of
times
other
users
have
clicked
a
button
to
11
indicate
their
reaction
to
content
or
have
shared
or
reposted
12
the
content.
13
(iv)
Auto-play
video
or
video
that
begins
to
play
without
14
the
user
first
clicking
on
the
video
or
play
button
for
that
15
video.
16
(v)
A
live-streaming
function
that
allows
a
user
or
17
advertiser
to
broadcast
live
video
content
in
real
time.
18
NEW
PARAGRAPH
.
g.
The
following
civil
penalties
shall
be
19
imposed
on
a
person
who
sells
a
vapor
product
without
a
proper
20
valid
permit:
21
(1)
For
a
first
violation,
five
thousand
dollars.
22
(2)
For
a
second
violation,
ten
thousand
dollars.
23
(3)
For
a
third
or
subsequent
violation,
fifty
thousand
24
dollars.
25
Sec.
2.
Section
453A.39,
Code
2024,
is
amended
by
adding
the
26
following
new
subsection:
27
NEW
SUBSECTION
.
3.
A
retailer
shall
ensure
that
any
vapor
28
product
offered
for
sale
in
this
state
complies
with
all
of
the
29
following:
30
a.
Meets
all
applicable
packaging
standards
imposed
by
the
31
federal
Child
Nicotine
Poisoning
Prevention
Act
of
2015,
Pub.
32
L.
No.
114-116,
15
U.S.C.
§1472a.
33
b.
Has
a
label
that
meets
the
nicotine
addictiveness
warning
34
statement
requirements
prescribed
in
21
C.F.R.
§1143.3.
>
35
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3
2.
Title
page,
line
1,
after
<
of
>
by
inserting
<
alternative
1
nicotine
products,
tobacco
products,
and
>
2
______________________________
BRAD
ZAUN
-3-
HF
2677.4051
(1)
90
pf/jh
3/
3
#2.