S.F. 2097 Section 1. Section 453A.2, subsections 1, 2, and 3, Code 1 2018, are amended to read as follows: 2 1. A person shall not sell, give, or otherwise supply any 3 tobacco, tobacco products, alternative nicotine products, vapor 4 products, or cigarettes to any person under eighteen twenty-one 5 years of age. 6 2. A person under eighteen twenty-one years of age shall 7 not smoke, use, possess, purchase, or attempt to purchase any 8 tobacco, tobacco products, alternative nicotine products, vapor 9 products, or cigarettes. 10 3. Possession of tobacco, tobacco products, alternative 11 nicotine products, vapor products, or cigarettes by an 12 individual under eighteen twenty-one years of age does not 13 constitute a violation under this section if the individual 14 under eighteen twenty-one years of age possesses the tobacco, 15 tobacco products, alternative nicotine products, vapor 16 products, or cigarettes as part of the individual’s employment 17 and the individual is employed by a person who holds a valid 18 permit under this chapter or who lawfully offers for sale or 19 sells cigarettes or tobacco products. 20 Sec. 2. Section 453A.2, subsection 8, paragraph a, 21 subparagraph (2), Code 2018, is amended to read as follows: 22 (2) The compliance effort is conducted with the advance 23 knowledge of law enforcement officers and reasonable measures 24 are adopted by those conducting the effort to ensure that use 25 of tobacco, tobacco products, alternative nicotine products, 26 vapor products, or cigarettes by individuals under eighteen 27 twenty-one years of age does not result from participation by 28 any individual under eighteen twenty-one years of age in the 29 compliance effort. 30 Sec. 3. Section 453A.5, subsection 1, Code 2018, is amended 31 to read as follows: 32 1. The alcoholic beverages division of the department of 33 commerce shall develop a tobacco compliance employee training 34 program not to exceed two hours in length for employees and 35 -1- LSB 5054XS (3) 87 pf/rj 1/ 4

S.F. 2097 prospective employees of retailers, as defined in sections 1 453A.1 and 453A.42 , to inform the employees about state and 2 federal laws and regulations regarding the sale of tobacco, 3 tobacco products, alternative nicotine products, vapor 4 products, and cigarettes to persons under eighteen twenty-one 5 years of age and compliance with and the importance of laws 6 regarding the sale of tobacco, tobacco products, alternative 7 nicotine products, vapor products, and cigarettes to persons 8 under eighteen twenty-one years of age. 9 Sec. 4. Section 453A.36, subsection 6, Code 2018, is amended 10 to read as follows: 11 6. Any sales of tobacco, tobacco products, alternative 12 nicotine products, vapor products, or cigarettes made through a 13 cigarette vending machine are subject to rules and penalties 14 relative to retail sales of tobacco, tobacco products, 15 alternative nicotine products, vapor products, and cigarettes 16 provided for in this chapter . Cigarettes shall not be sold 17 through any cigarette vending machine unless the cigarettes 18 have been properly stamped or metered as provided by this 19 division , and in case of violation of this provision, the 20 permit of the dealer authorizing retail sales of cigarettes 21 shall be revoked. Payment of the permit fee as provided 22 in section 453A.13 authorizes a cigarette vendor to sell 23 tobacco, tobacco products, alternative nicotine products, vapor 24 products, and cigarettes through vending machines. However, 25 tobacco, tobacco products, alternative nicotine products, 26 vapor products, and cigarettes shall not be sold through a 27 vending machine unless the vending machine is located in a 28 place where the retailer ensures that no person younger than 29 eighteen twenty-one years of age is present or permitted to 30 enter at any time. Tobacco, tobacco products, alternative 31 nicotine products, vapor products, and cigarettes shall not be 32 sold through any cigarette vending machine if such products 33 are placed together with any nontobacco product, other than 34 matches, in the cigarette vending machine. This section does 35 -2- LSB 5054XS (3) 87 pf/rj 2/ 4

S.F. 2097 not require a retail permit holder to buy a cigarette vendor’s 1 permit if the retail permit holder is in fact the owner of the 2 cigarette vending machines and the machines are operated in the 3 location described in the retail permit. 4 Sec. 5. Section 453A.39, subsection 2, paragraphs b and c, 5 Code 2018, are amended to read as follows: 6 b. A manufacturer, distributor, wholesaler, retailer, or 7 distributing agent or agent thereof shall not give away any 8 tobacco, tobacco products, alternative nicotine products, vapor 9 products, or cigarettes to any person under eighteen twenty-one 10 years of age, or within five hundred feet of any playground, 11 school, high school, or other facility when such facility is 12 being used primarily by persons under age eighteen twenty-one 13 years of age for recreational, educational, or other purposes. 14 c. Proof of age shall be required if a reasonable person 15 could conclude on the basis of outward appearance that a 16 prospective recipient of a sample may be under eighteen 17 twenty-one years of age. 18 Sec. 6. Section 453A.47B, subsection 1, unnumbered 19 paragraph 1, Code 2018, is amended to read as follows: 20 Prior to sale to the purchaser, the retailer verifies that 21 the purchaser is at least eighteen twenty-one years of age 22 through or by one of the following: 23 Sec. 7. Section 453A.47B, subsection 2, Code 2018, is 24 amended to read as follows: 25 2. The retailer uses a method of mailing, shipping, or 26 delivery that requires the signature of a person who is at 27 least eighteen twenty-one years of age before the shipping 28 package is released to the purchaser. 29 Sec. 8. EFFECTIVE DATE. This Act takes effect January 1, 30 2019. 31 Sec. 9. APPLICABILITY. This Act shall not apply to any 32 person who is eighteen years of age or older before January 1, 33 2019, and who, before that date, could lawfully smoke, use, 34 possess, purchase, or attempt to purchase tobacco, tobacco 35 -3- LSB 5054XS (3) 87 pf/rj 3/ 4

S.F. 2097 products, alternative nicotine products, vapor products, or 1 cigarettes. 2 EXPLANATION 3 The inclusion of this explanation does not constitute agreement with 4 the explanation’s substance by the members of the general assembly. 5 This bill provides that, beginning January 1, 2019, the 6 legal age relative to the purchase, possession, or use of 7 tobacco, tobacco products, alternative nicotine products, vapor 8 products, and cigarettes is 21 years of age. The bill provides 9 that a person shall not sell, give, or otherwise supply any 10 tobacco, tobacco products, alternative nicotine products, vapor 11 products, or cigarettes to any person under 21 years of age; 12 and that a person under 21 years of age shall not smoke, use, 13 possess, purchase, or attempt to purchase any tobacco, tobacco 14 products, alternative nicotine products, vapor products, or 15 cigarettes. 16 The bill makes conforming changes in the Code for exceptions 17 to possession of tobacco, tobacco products, alternative 18 nicotine products, vapor products, or cigarettes by an 19 individual under 21 years of age if the individual possesses 20 the product as part of the individual’s employment and if the 21 individual is involved in a compliance effort. The bill also 22 provides that relative to vending machines, tobacco, tobacco 23 products, alternative nicotine products, vapor products, and 24 cigarettes shall not be sold through a vending machine unless 25 the vending machine is located in a place where the retailer 26 ensures that no person younger than 21 years of age is present 27 or permitted to enter at any time. The bill also provides that 28 for the purposes of giving away these products or providing 29 samples, the recipient must be 21 years of age or older. 30 The bill is not applicable to any person who is 18 years 31 of age or older before January 1, 2019, and who, before that 32 date, could lawfully smoke, use, possess, purchase, or attempt 33 to purchase tobacco, tobacco products, alternative nicotine 34 products, vapor products, or cigarettes. 35 -4- LSB 5054XS (3) 87 pf/rj 4/ 4