SF 429 (LSB 2400XS (2) 90)

SENATE FILE 429

BY  COURNOYER

A BILL FOR

An Act relating to flavored vapor products, providing for permit suspension and revocation, and providing civil penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 453A.1, Code 2023, is amended by adding the following new subsections:
   NEW SUBSECTION.  3A.  “Characterizing flavor” means a distinguishable flavor, taste, or aroma including but not limited to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, mint, wintergreen, menthol, or spice flavoring, that in any manner is a component or byproduct of, is produced by, or emanates from a vapor product. A vapor product shall be deemed to have a characterizing flavor if the vapor product is advertised or marketed as having or producing in any manner any such distinguishable flavor, taste, or aroma.
   NEW SUBSECTION.  15A.  “Flavored vapor product” means a vapor product, in whatever form including but not limited to cartridge-based, refillable, or disposable, and including any cartridge, container of a solution or other substance, or other component part or accessory of a vapor product such as a vapor product flavor enhancer, whether or not integral to or separate from the vapor product, that has or produces a characterizing flavor.
   NEW SUBSECTION.  29A.  “Vapor product flavor enhancer” means a product designed, manufactured, fabricated, produced, marketed, or sold to produce a characterizing flavor when used with a vapor product.
    Sec. 2.  NEW SECTION.  453A.5A  Flavored vapor products prohibited —— permit actions —— civil penalties.
   1.  A person including a manufacturer, distributor, distributing agent, subjobber, wholesaler, cigarette vendor, or retailer, as defined in sections 453A.1 and 453A.42; a common carrier; or an employee or agent thereof, shall not fabricate or manufacture in this state; ship, import, transport, or otherwise bring into this state; or possess, transport, store, distribute, sell, offer for sale, give, or otherwise supply including through a delivery sale in this state, flavored vapor products.
   2.  Compliance with this section is a condition of holding any permit under subchapter I or subchapter II of this chapter. A permit holder who violates this section is subject to permit suspension and revocation provisions otherwise applicable under subchapter I or subchapter II of this chapter.
   3.  A person who violates 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.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill prohibits a person including a manufacturer, distributor, distributing agent, subjobber, wholesaler, cigarette vendor, or retailer; a common carrier; or an employee or agent thereof, from fabricating or manufacturing in this state; shipping, importing, transporting, or otherwise bringing into this state; or possessing, transporting, storing, distributing, selling, offering for sale, giving, or otherwise supplying including through delivery sales in this state, flavored vapor products. Flavored vapor product is defined in the bill.
   Compliance with the bill is a condition of holding any permit under Code chapter 453A (cigarette and tobacco taxes and regulation of alternative nicotine products and vapor products). A permit holder who violates the bill is subject to permit suspension and revocation provisions under the Code chapter. The bill also provides that a person who violates the bill is subject to civil penalties ranging from $200 for a first violation, $500 for a second violation within three years of the first violation, and $1,000 for a third or subsequent violation within three years of the first violation.