House File 2034 - Introduced HOUSE FILE 2034 BY RUFF , HUNTER , STECKMAN , LUNDBY , MURPHY , DAWSON , STAED , MEYER , WESSEL-KROESCHELL , STUTSMAN , BEARINGER , DUNKEL , KELLEY , GASKILL , HANSON , and LENSING A BILL FOR An Act relating to tobacco products, and making penalties 1 applicable. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5233YH (7) 85 pf/rj

H.F. 2034 Section 1. Section 453A.1, Code 2014, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 23A. “Smoking simulation device” means 3 a device, however powered including by a mechanical heating 4 element, battery, or electronic circuit, and any cartridge, 5 atomizer, component, part, or accessory of the device, that 6 can be used to orally deliver to a person using the device, 7 nicotine or other substance irrespective of its potency or 8 material state or whether flavored, adulterated, or mixed with 9 other ingredients, and irrespective of whether actual smoke or 10 another resulting substance is inhaled, exhaled, emitted, or 11 otherwise produced or consumed. “Smoking simulation device” 12 includes but is not limited to an electronic cigarette, an 13 electronic cigar, an electronic cigarillo, an electronic pipe, 14 and an electronic hookah. 15 Sec. 2. Section 453A.1, subsection 26, Code 2014, is amended 16 to read as follows: 17 26. “Tobacco products” means any product, or component, 18 part, or accessory of such product, containing, made in 19 whole or in part from, ordinarily derived from, or designed 20 to deliver tobacco, a tobacco substitute, or nicotine, and 21 intended for human consumption whether by chewing, absorbing, 22 dissolving, inhaling, snorting, sniffing, ingesting, or 23 vaporizing or by any other means. “Tobacco products” includes 24 but is not limited to smoking simulation devices; cigars; 25 little cigars as defined in section 453A.42, subsection 5 ; 26 cheroots; stogies; periques; granulated; plug cut, crimp cut, 27 ready rubbed, and other smoking tobacco; snuff, snuff flour; 28 cavendish; plug and twist tobacco; fine-cut and other chewing 29 tobaccos; shorts; or refuse scraps, clippings, cuttings and 30 sweepings of tobacco , ; and other kinds and forms of tobacco , 31 prepared in such manner as to be suitable for chewing or 32 smoking in a pipe or otherwise, or both for chewing and 33 smoking ; but does not mean include cigarettes. “Tobacco 34 products” includes tobacco products as defined under the 35 -1- LSB 5233YH (7) 85 pf/rj 1/ 4

H.F. 2034 federal Food, Drug, and Cosmetic Act, as amended, but does 1 not include any tobacco product that has been approved by the 2 United States food and drug administration solely for sale as a 3 tobacco cessation product or for other medical purposes, and is 4 marketed and sold solely for such an approved purpose. 5 Sec. 3. Section 453A.36A, subsection 1, Code 2014, is 6 amended to read as follows: 7 1. Beginning January 1, 1999, except Except as provided in 8 section 453A.36, subsection 6 , a retailer as defined in section 9 453A.1 or 453A.42 shall not sell or offer for sale cigarettes 10 or tobacco products , in a quantity of less than a carton, 11 through the use of a self-service display. 12 Sec. 4. Section 453A.39, Code 2014, is amended by adding the 13 following new subsection: 14 NEW SUBSECTION . 3. As used in this section, manufacturer, 15 distributor, wholesaler, retailer, and distributing agent mean 16 the same as defined in sections 453A.1 and 453A.42. 17 Sec. 5. Section 453A.42, subsection 15, Code 2014, is 18 amended to read as follows: 19 15. “Tobacco products” means any product, or component, 20 part, or accessory of such product, containing, made in 21 whole or in part from, ordinarily derived from, or designed 22 to deliver tobacco, a tobacco substitute, or nicotine, and 23 intended for human consumption whether by chewing, absorbing, 24 dissolving, inhaling, snorting, sniffing, ingesting, or 25 vaporizing, or by any other means. “Tobacco products” includes 26 but is not limited to smoking simulation devices; cigars; 27 little cigars as defined herein ; cheroots; stogies; periques; 28 granulated, plug cut, crimp cut, ready rubbed, and other 29 smoking tobacco; snuff; snuff flour; cavendish; plug and twist 30 tobacco; fine-cut and other chewing tobaccos; shorts; refuse 31 scraps, clippings, cuttings and sweepings of tobacco , ; and 32 other kinds and forms of tobacco , prepared in such manner as 33 to be suitable for chewing or smoking in a pipe or otherwise, 34 or both for chewing and smoking ; but shall does not include 35 -2- LSB 5233YH (7) 85 pf/rj 2/ 4

H.F. 2034 cigarettes as defined in section 453A.1, subsection 3 . “Tobacco 1 products” includes tobacco products as defined under the 2 federal Food, Drug, and Cosmetic Act, as amended, but does 3 not include any tobacco product that has been approved by the 4 United States food and drug administration solely for sale as a 5 tobacco cessation product or for other medical purposes, and is 6 marketed and sold solely for such an approved purpose. 7 Sec. 6. NEW SECTION . 453A.43A Smoking simulation devices —— 8 exemption from tax and affixing of stamps. 9 Notwithstanding any provision to the contrary in this 10 division, the imposition of a tax on and affixing of stamps to 11 any other tobacco product under this division shall not apply 12 to smoking simulation devices. 13 EXPLANATION 14 The inclusion of this explanation does not constitute agreement with 15 the explanation’s substance by the members of the general assembly. 16 This bill relates to tobacco products. 17 The bill amends the definition of “tobacco products” under 18 Code chapter 453A (cigarette and tobacco taxes) to mean any 19 product, or component, part, or accessory of such product, 20 containing, made in whole or in part from, ordinarily derived 21 from, or designed to deliver tobacco, a tobacco substitute, 22 or nicotine, and intended for human consumption whether by 23 chewing, absorbing, dissolving, inhaling, snorting, sniffing, 24 ingesting, or vaporizing or by any other means. Under the 25 bill, “tobacco products” includes tobacco products as defined 26 under the federal Food, Drug, and Cosmetic Act, as amended, but 27 does not include any tobacco product that has been approved by 28 the United States food and drug administration solely for sale 29 as a tobacco cessation product or for other medical purposes, 30 and is marketed and sold solely for such an approved purpose. 31 Under the bill, “tobacco products” specifically includes a 32 smoking simulation device which is defined as a device, however 33 powered including by a mechanical heating element, battery, or 34 electronic circuit, and any cartridge, atomizer, component, 35 -3- LSB 5233YH (7) 85 pf/rj 3/ 4

H.F. 2034 part, or accessory of the device, that can be used to orally 1 deliver to a person using the device, nicotine or other 2 substance irrespective of its potency or material state or 3 whether flavored, adulterated, or mixed with other ingredients, 4 and irrespective of whether actual smoke or another resulting 5 substance is inhaled, exhaled, emitted, or otherwise produced 6 or consumed. “Smoking simulation device” includes but is not 7 limited to an electronic cigarette, an electronic cigar, an 8 electronic cigarillo, an electronic pipe, and an electronic 9 hookah. 10 The bill amends the provision under Code chapter 453A 11 relating to self-service sales of cigarettes or tobacco 12 products which currently is limited to those in a quantity of 13 less than a carton, to apply to any amount. 14 Current Code provisions relating to retailers, 15 manufacturers, distributors, wholesalers, distributing agents 16 or their agents; and current Code provisions relating to 17 restrictions on the use and possession of tobacco products 18 by minors, and on the sale, giving, or supplying of tobacco 19 products to minors and the supplying of samples of tobacco 20 products to minors apply to the expanded definitions of tobacco 21 products including smoking simulation devices. However, 22 smoking simulation devices are exempted from the tax and 23 affixing of stamps requirements otherwise applicable to tobacco 24 products. 25 Current civil and criminal penalties as well as license 26 revocation provisions are applicable to individuals and those 27 holding tobacco product permits who violate provisions relating 28 to tobacco products as defined under the bill. 29 -4- LSB 5233YH (7) 85 pf/rj 4/ 4