SENATE FILE 281

BY  COMMITTEE ON HUMAN RESOURCES

(SUCCESSOR TO SF 154)

A BILL FOR

An Act relating to dissolvable products and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  NEW SECTION.  453A.57  Dissolvable products —— restrictions —— penalties.
   1.  Dissolvable products shall not be offered for sale or sold at retail in this state unless the retail location meets all of the following conditions:
   a.  The retail location does not allow individuals under eighteen years of age to enter the location.
   b.  Ninety percent or more of the gross sales of the retail location is based on the sale of tobacco or nicotine products.
   c.  The retail location met the requirements of paragraphs “a” and“b” prior to January 1, 2011.
   2.  A dissolvable product shall not be offered for sale, sold, given, or otherwise supplied to an individual under eighteen years of age in this state.
   3.  A person who offers for sale or sells dissolvable products at retail, or who offers for sale, sells, gives, or otherwise supplies a dissolvable product to an individual under eighteen years of age in this state, in violation of this section, is subject to the following civil penalties: 
   a.  A two hundred dollar penalty for the first violation.
   b.  A five hundred dollar penalty for a second violation within three years of the first violation.
   c.  A one thousand dollar penalty for a third or subsequent violation within three years of the first violation.
   4.  For the purposes of this section,“dissolvable product”means any product containing tobacco or nicotine that is intended or expected to be used for oral consumption that does not consist of loose tobacco and is offered in discrete single-dose or single-use lozenges, pills, capsules, strips, sticks, orbs, or other single-dose or single-use units, or in packages of such single-dose or single-use units. “Dissolvable product” does not include any tobacco or nicotine product that has been approved by the United States food and drug administration for sale as, and is being marketed and sold solely as, a tobacco cessation product; a tobacco dependence product; a harm reduction product; or for any other medical or pharmacological purpose.
   Sec. 2.  CODE EDITOR DIRECTIVE.  The Iowa Code editor shall codify section 453A.57, as enacted in this Act, as a separate division of chapter 453A, and shall title the division “Dissolvable Products”.
EXPLANATION
   This bill provides restrictions on the sale of dissolvable products in the state in new Code section 453A.57. The bill defines “dissolvable products” as any product containing tobacco or nicotine that is intended or expected to be used for oral consumption that does not consist of loose tobacco and is offered in discrete single-dose or single-use lozenges, pills, capsules, strips, sticks, orbs, or other single-dose or single-use units, or in packages of such single-dose or single-use units. “Dissolvable product” does not include any tobacco or nicotine product that has been approved by the United States food and drug administration for sale as, and is marketed and sold solely as, a tobacco cessation product, a tobacco dependence product, a harm reduction product, or for any other medical or pharmacological purpose.
   The bill specifies that dissolvable products shall not be offered for sale or sold at retail in this state unless the retail location meets three conditions: the retail location does not allow individuals under 18 years of age to enter the location; 99 percent or more of the gross sales of the retail location is based on the sale of tobacco or nicotine products; and the retail location meets the first two requirements prior to January 1, 2011.
   The bill also provides that a dissolvable product shall not be offered for sale, sold, given, or otherwise supplied to an individual under 18 years of age in the state.
   A person who violates the provisions of the bill is subject to the following civil penalties: a $200 penalty for the first violation; a $500 penalty for a second violation within three years of the first violation; and a $1,000 penalty for a third or subsequent violation within three years of the first violation.
   The bill also directs the Code editor to codify the new Code section as a separate division in Code chapter 453A entitled “Dissolvable Products”.