H.F. 2223 Section 1. NEW SECTION . 453A.2A Electronic smoking device 1 —— persons under legal age —— penalty. 2 1. For the purposes of this section, “electronic smoking 3 device” means an electronic or battery-operated device, the 4 use of which resembles smoking, which can be used to deliver 5 nicotine or other substances to the person inhaling from the 6 device. An electronic smoking device includes but is not 7 limited to an electronic cigarette, cigar, cigarillo, or pipe, 8 but does not include a cigarette, tobacco product, or nicotine 9 delivery product or device that is regulated by the United 10 States food and drug administration or can be prescribed by an 11 authorized prescriber. 12 2. A person shall not sell, give, or otherwise supply an 13 electronic smoking device to any person under eighteen years 14 of age. 15 3. A person under eighteen years of age shall not smoke, 16 use, possess, purchase, or attempt to purchase an electronic 17 smoking device. 18 4. Possession of an electronic smoking device by an 19 individual under eighteen years of age does not constitute a 20 violation under this section if the individual under eighteen 21 years of age possesses an electronic smoking device as part of 22 the individual’s employment and the individual is employed by a 23 person who lawfully offers for sale or sells electronic smoking 24 devices. 25 5. A person who violates subsection 2, shall be assessed a 26 civil penalty as follows: 27 a. If the violation is a first offense, the person shall be 28 assessed a civil penalty in the amount of five hundred dollars. 29 b. If the violation is a second offense, the person shall be 30 assessed a civil penalty in the amount of one thousand dollars. 31 c. If the violation is a third or subsequent offense, the 32 person shall be assessed a civil penalty in the amount of one 33 thousand five hundred dollars. 34 6. A person who violates subsection 3, shall be assessed a 35 -1- LSB 5669HH (5) 84 pf/nh 1/ 3

H.F. 2223 civil penalty as follows: 1 a. If the violation is a first offense, the person shall be 2 assessed a civil penalty of fifty dollars. 3 b. If the violation is a second offense, the person shall be 4 assessed a civil penalty of one hundred dollars. 5 c. If the violation is a third or subsequent offense, the 6 person shall be assessed a civil penalty of two hundred fifty 7 dollars. 8 EXPLANATION 9 This bill relates to electronic smoking devices. The bill 10 defines an “electronic smoking device” as an electronic or 11 battery-operated device, the use of which resembles smoking, 12 which can be used to deliver nicotine or other substances to 13 the person inhaling from the device. An electronic smoking 14 device includes but is not limited to an electronic cigarette, 15 cigar, cigarillo, or pipe, but does not include a cigarette, 16 tobacco product, or nicotine delivery product or device that is 17 regulated by the United States food and drug administration or 18 can be prescribed by an authorized prescriber. 19 The bill prohibits a person from selling, giving, or 20 otherwise supplying an electronic smoking device to any person 21 under 18 years of age and prohibits a person under 18 years of 22 age from smoking, using, possessing, purchasing, or attempting 23 to purchase an electronic smoking device. 24 The bill provides that possession of an electronic smoking 25 device by an individual under 18 years of age does not 26 constitute a violation if the individual under 18 years of age 27 possesses the device as part of the individual’s employment and 28 the individual is employed by a person who lawfully offers for 29 sale or sells electronic smoking devices. 30 A person who violates the bill by selling, giving, or 31 otherwise supplying an electronic smoking device to any person 32 under 18 years of age, is to be assessed a civil penalty based 33 on the number of offenses. For a first offense, the civil 34 penalty is $500, for a second offense, $1,000, and for a 35 -2- LSB 5669HH (5) 84 pf/nh 2/ 3

H.F. 2223 third or subsequent offense, $1,500. A person under 18 years 1 of age who violates the bill by smoking, using, possessing, 2 purchasing, or attempting to purchase an electronic smoking 3 device is to be assessed a civil penalty based on the number of 4 offenses. For a first offense, the civil penalty is $50, for a 5 second offense, $100, and for a third or subsequent offense, 6 $250. 7 -3- LSB 5669HH (5) 84 pf/nh 3/ 3