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Senate File 66 - IntroducedA Bill ForAn Act 1establishing the minimum age relative to various
2activities relating to vapor products, and making penalties
3applicable.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321.216C, Code 2019, is amended to read
2as follows:
3321.216C Use of driver’s license or nonoperator’s
4identification card by underage person to obtain tobacco, tobacco
5products, alternative nicotine products, vapor products, or
6cigarettes.
7A person who is under the minimum applicable age of eighteen
8 as specified in section 453A.2, subsection 2, who alters
9or displays or has in the person’s possession a fictitious
10or fraudulently altered driver’s license or nonoperator’s
11identification card and who uses the license or card to violate
12or attempt to violate section 453A.2, subsection 2, commits a
13simple misdemeanor punishable as a scheduled violation under
14section 805.8A, subsection 4. The court shall forward a copy
15of the conviction to the department.
16 Sec. 2. Section 453A.2, subsections 1, 2, and 3, Code 2019,
17are amended to read as follows:
181. a. A person shall not sell, give, or otherwise supply
19any tobacco, tobacco products, alternative nicotine products,
20vapor products, or cigarettes to any person under eighteen
21years of age.
22b. A person shall not sell, give, or otherwise supply any
23vapor products to any person under twenty-one years of age.
242. a. A person under eighteen years of age shall not
25smoke, use, possess, purchase, or attempt to purchase any
26tobacco, tobacco products, alternative nicotine products, vapor
27products, or cigarettes.
28b. A person under twenty-one years of age shall not use,
29possess, purchase, or attempt to purchase any vapor products.
303. Possession of tobacco, tobacco products, alternative
31nicotine products, vapor products, or cigarettes by an
32individual under eighteen years of age or possession of
33vapor products by an individual under twenty-one years of age
34 does not constitute a violation under this section if the
35 such individual under eighteen years of age possesses the
-1-1tobacco, tobacco products, alternative nicotine products, vapor
2products, or cigarettes as part of the individual’s employment
3and the individual is employed by a person who holds a valid
4permit under this chapter or who lawfully offers for sale or
5sells cigarettes or tobacco products.
6 Sec. 3. Section 453A.2, subsection 8, paragraph a, Code
72019, is amended to read as follows:
8a. A person shall not be guilty of a violation of this
9section if conduct that would otherwise constitute a violation
10is performed to assess compliance with tobacco, tobacco
11products, alternative nicotine products, vapor products, or
12cigarette laws if any of the following applies:
13(1) The compliance effort is conducted by or under the
14supervision of law enforcement officers.
15(2) The compliance effort is conducted with the advance
16knowledge of law enforcement officers and reasonable measures
17are adopted by those conducting the effort to ensure that all
18of the following:
19(a) Thatuse of tobacco, tobacco products, alternative
20nicotine products, vapor products, or cigarettes by individuals
21under eighteen years of age does not result from participation
22by any individual under eighteen years of age in the compliance
23effort.
24(b) That use of vapor products by individuals under
25twenty-one years of age does not result from participation by
26any individual under twenty-one years of age in the compliance
27effort.
28 Sec. 4. Section 453A.5, subsection 1, Code 2019, is amended
29to read as follows:
301. The alcoholic beverages division of the department of
31commerce shall develop a tobacco compliance employee training
32program not to exceed two hours in length for employees and
33prospective employees of retailers, as defined in sections
34453A.1 and 453A.42, to inform the employees about state and
35federal laws and regulations regarding the sale of tobacco,
-2-1tobacco products, alternative nicotine products, vapor
2products, and cigarettes to persons under eighteen years of age
3and, the sale of vapor products to persons under twenty-one
4years of age, compliance with and the importance of laws
5regarding the sale of tobacco, tobacco products, alternative
6nicotine products, vapor products, and cigarettes to persons
7under eighteen years of age, and the sale of vapor products to
8persons under twenty-one years of age.
9 Sec. 5. Section 453A.36, subsection 6, Code 2019, is amended
10to read as follows:
116. a. Any sales of tobacco, tobacco products, alternative
12nicotine products, vapor products, or cigarettes made through a
13cigarette vending machine are subject to rules and penalties
14relative to retail sales of tobacco, tobacco products,
15alternative nicotine products, vapor products, and cigarettes
16provided for in this chapter.
17b. Cigarettes shall not be sold through any cigarette
18vending machine unless the cigarettes have been properly
19stamped or metered as provided by this subchapter, and in
20case of violation of this provision, the permit of the dealer
21authorizing retail sales of cigarettes shall be revoked.
22c. Payment of the permit fee as provided in section
23453A.13 authorizes a cigarette vendor to sell tobacco, tobacco
24products, alternative nicotine products, vapor products, and
25cigarettes through vending machines. However,
26d. Notwithstanding paragraph “c”, all of the following
27shall apply totobacco, tobacco products, alternative nicotine
28products, vapor products, and cigarettes sold through a vending
29machine:
30(1) Tobacco, tobacco products, alternative nicotine
31products, and cigarettesshall not be sold through a vending
32machine unless the vending machine is located in a place where
33the retailer ensures that no person younger than eighteen years
34of age is present or permitted to enter at any time.
35(2) Vapor products shall not be sold through a vending
-3-1machine unless the vending machine is located in a place where
2the retailer ensures that no person younger than twenty-one
3years of age is present or permitted to enter at any time.
4e. Tobacco, tobacco products, alternative nicotine products,
5vapor products, and cigarettes shall not be sold through any
6cigarette vending machine if such products are placed together
7with any nontobacco product, other than matches, in the
8cigarette vending machine.
9f. This section does not require a retail permit holder to
10buy a cigarette vendor’s permit if the retail permit holder is
11in fact the owner of the cigarette vending machines and the
12machines are operated in the location described in the retail
13permit.
14 Sec. 6. Section 453A.39, subsection 2, paragraphs b and c,
15Code 2019, are amended to read as follows:
16b. A manufacturer, distributor, wholesaler, retailer,
17or distributing agent or agent thereof of a manufacturer,
18distributor, wholesaler, retailer, or distributing agent shall
19not give away any tobacco, of the following:
20(1) Tobacco,tobacco products, alternative nicotine
21products, vapor products, or cigarettes to any person under
22eighteen years of age, or within five hundred feet of any
23playground, school, high school, or other facility when such
24facility is being used primarily by persons under age eighteen
25for recreational, educational, or other purposes.
26(2) Vapor products to any person under twenty-one years of
27age, or within five hundred feet of any playground, school,
28high school, or other facility when such facility is being used
29primarily by persons under age twenty-one years of age for
30recreational, educational, or other purposes.
31c. Proof of age shall be required if a reasonable person
32could conclude on the basis of outward appearance that a
33prospective recipient of a sample may be under eighteen years
34of the minimum applicable age as specified in paragraph “b”.
35 Sec. 7. Section 453A.47B, Code 2019, is amended to read as
-4-1follows:
2453A.47B Requirements for mailing or shipping — alternative
3nicotine products or vapor products.
4A retailer shall not mail, ship, or otherwise cause to be
5delivered any alternative nicotine product or vapor product in
6connection with a delivery sale unless the retailer meets all
7of the following apply conditions:
81. a. Prior to sale to the purchaser, the retailer verifies
9by one of the methods specified in paragraph “b” that the
10purchaser is at the minimum applicable age, as follows:
11(1) If the purchase is an alternative nicotine product,
12atleast eighteen years of age through or by one of the
13following:.
14(2) If the purchase is a vapor product, at least twenty-one
15years of age.
16b. Verification by a retailer of the minimum applicable
17age under paragraph “a” may be made through or by one of the
18following methods:
19a. (1) A commercially available database, or aggregate of
20databases, that is regularly used by government and businesses
21for the purpose of age and identity verification.
22b. (2) Obtaining a copy of a valid government-issued
23document that provides the name, address, and date of birth of
24the purchaser.
252. The retailer uses a method of mailing, shipping, or
26delivery that requires the signature of a person who is at
27least eighteen years of the minimum applicable age as specified
28in subsection 1 before the shipping package is released to the
29purchaser.
30EXPLANATION
31The inclusion of this explanation does not constitute agreement with
32the explanation’s substance by the members of the general assembly.
33This bill relates to the minimum age relative to various
34activities relating to vapor products. The bill increases the
35minimum age relative to vapor products from 18 years of age to
-5-121 years of age.
2The bill prohibits a person from selling, giving, or
3otherwise supplying any vapor products to any person under
421 years of age. The bill also prohibits a person under 21
5years of age from smoking, using, possessing, purchasing, or
6attempting to purchase any vapor products.
7The bill makes conforming changes in the Code relative to
8use of a driver’s license or nonoperator’s identification card
9by an underage person to obtain vapor products; compliance
10efforts; sale of vapor products through vending machines; the
11giving away of samples of vapor products to persons under 21
12years of age and within 500 feet of certain locations; and the
13mailing, shipping, or other delivery of vapor products.
14A person holding a permit, including a retailer, who
15violates a provision of the bill is subject to civil penalties
16and permit suspension or revocation provisions based on the
17number of violations. A person other than a retailer who
18sells, gives, or otherwise supplies any vapor products to any
19person under 21 years of age is guilty of a simple misdemeanor.
20An employee of a retailer who sells, gives, or otherwise
21supplies any vapor products to any person under 21 years of
22age commits a simple misdemeanor punishable as a scheduled
23violation ranging from $100 to $500 based upon the number
24of violations. A person under 21 years of age who smokes,
25uses, possesses, purchases, or attempts to purchase any vapor
26products is subject to performance of community service hours
27ranging from 8 hours for a first offense to 16 hours for a third
28or subsequent offense.
-6-pf/rh
2activities relating to vapor products, and making penalties
3applicable.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321.216C, Code 2019, is amended to read
2as follows:
3321.216C Use of driver’s license or nonoperator’s
4identification card by underage person to obtain tobacco, tobacco
5products, alternative nicotine products, vapor products, or
6cigarettes.
7A person who is under the minimum applicable age of eighteen
8 as specified in section 453A.2, subsection 2, who alters
9or displays or has in the person’s possession a fictitious
10or fraudulently altered driver’s license or nonoperator’s
11identification card and who uses the license or card to violate
12or attempt to violate section 453A.2, subsection 2, commits a
13simple misdemeanor punishable as a scheduled violation under
14section 805.8A, subsection 4. The court shall forward a copy
15of the conviction to the department.
16 Sec. 2. Section 453A.2, subsections 1, 2, and 3, Code 2019,
17are amended to read as follows:
181. a. A person shall not sell, give, or otherwise supply
19any tobacco, tobacco products, alternative nicotine products,
20vapor products, or cigarettes to any person under eighteen
21years of age.
22b. A person shall not sell, give, or otherwise supply any
23vapor products to any person under twenty-one years of age.
242. a. A person under eighteen years of age shall not
25smoke, use, possess, purchase, or attempt to purchase any
26tobacco, tobacco products, alternative nicotine products, vapor
27products, or cigarettes.
28b. A person under twenty-one years of age shall not use,
29possess, purchase, or attempt to purchase any vapor products.
303. Possession of tobacco, tobacco products, alternative
31nicotine products, vapor products, or cigarettes by an
32individual under eighteen years of age or possession of
33vapor products by an individual under twenty-one years of age
34 does not constitute a violation under this section if the
35 such individual under eighteen years of age possesses the
-1-1tobacco, tobacco products, alternative nicotine products, vapor
2products, or cigarettes as part of the individual’s employment
3and the individual is employed by a person who holds a valid
4permit under this chapter or who lawfully offers for sale or
5sells cigarettes or tobacco products.
6 Sec. 3. Section 453A.2, subsection 8, paragraph a, Code
72019, is amended to read as follows:
8a. A person shall not be guilty of a violation of this
9section if conduct that would otherwise constitute a violation
10is performed to assess compliance with tobacco, tobacco
11products, alternative nicotine products, vapor products, or
12cigarette laws if any of the following applies:
13(1) The compliance effort is conducted by or under the
14supervision of law enforcement officers.
15(2) The compliance effort is conducted with the advance
16knowledge of law enforcement officers and reasonable measures
17are adopted by those conducting the effort to ensure that all
18of the following:
19(a) Thatuse of tobacco, tobacco products, alternative
20nicotine products, vapor products, or cigarettes by individuals
21under eighteen years of age does not result from participation
22by any individual under eighteen years of age in the compliance
23effort.
24(b) That use of vapor products by individuals under
25twenty-one years of age does not result from participation by
26any individual under twenty-one years of age in the compliance
27effort.
28 Sec. 4. Section 453A.5, subsection 1, Code 2019, is amended
29to read as follows:
301. The alcoholic beverages division of the department of
31commerce shall develop a tobacco compliance employee training
32program not to exceed two hours in length for employees and
33prospective employees of retailers, as defined in sections
34453A.1 and 453A.42, to inform the employees about state and
35federal laws and regulations regarding the sale of tobacco,
-2-1tobacco products, alternative nicotine products, vapor
2products, and cigarettes to persons under eighteen years of age
3and, the sale of vapor products to persons under twenty-one
4years of age, compliance with and the importance of laws
5regarding the sale of tobacco, tobacco products, alternative
6nicotine products, vapor products, and cigarettes to persons
7under eighteen years of age, and the sale of vapor products to
8persons under twenty-one years of age.
9 Sec. 5. Section 453A.36, subsection 6, Code 2019, is amended
10to read as follows:
116. a. Any sales of tobacco, tobacco products, alternative
12nicotine products, vapor products, or cigarettes made through a
13cigarette vending machine are subject to rules and penalties
14relative to retail sales of tobacco, tobacco products,
15alternative nicotine products, vapor products, and cigarettes
16provided for in this chapter.
17b. Cigarettes shall not be sold through any cigarette
18vending machine unless the cigarettes have been properly
19stamped or metered as provided by this subchapter, and in
20case of violation of this provision, the permit of the dealer
21authorizing retail sales of cigarettes shall be revoked.
22c. Payment of the permit fee as provided in section
23453A.13 authorizes a cigarette vendor to sell tobacco, tobacco
24products, alternative nicotine products, vapor products, and
25cigarettes through vending machines. However,
26d. Notwithstanding paragraph “c”, all of the following
27shall apply totobacco, tobacco products, alternative nicotine
28products, vapor products, and cigarettes sold through a vending
29machine:
30(1) Tobacco, tobacco products, alternative nicotine
31products, and cigarettesshall not be sold through a vending
32machine unless the vending machine is located in a place where
33the retailer ensures that no person younger than eighteen years
34of age is present or permitted to enter at any time.
35(2) Vapor products shall not be sold through a vending
-3-1machine unless the vending machine is located in a place where
2the retailer ensures that no person younger than twenty-one
3years of age is present or permitted to enter at any time.
4e. Tobacco, tobacco products, alternative nicotine products,
5vapor products, and cigarettes shall not be sold through any
6cigarette vending machine if such products are placed together
7with any nontobacco product, other than matches, in the
8cigarette vending machine.
9f. This section does not require a retail permit holder to
10buy a cigarette vendor’s permit if the retail permit holder is
11in fact the owner of the cigarette vending machines and the
12machines are operated in the location described in the retail
13permit.
14 Sec. 6. Section 453A.39, subsection 2, paragraphs b and c,
15Code 2019, are amended to read as follows:
16b. A manufacturer, distributor, wholesaler, retailer,
17or distributing agent or agent thereof of a manufacturer,
18distributor, wholesaler, retailer, or distributing agent shall
19not give away any tobacco, of the following:
20(1) Tobacco,tobacco products, alternative nicotine
21products, vapor products, or cigarettes to any person under
22eighteen years of age, or within five hundred feet of any
23playground, school, high school, or other facility when such
24facility is being used primarily by persons under age eighteen
25for recreational, educational, or other purposes.
26(2) Vapor products to any person under twenty-one years of
27age, or within five hundred feet of any playground, school,
28high school, or other facility when such facility is being used
29primarily by persons under age twenty-one years of age for
30recreational, educational, or other purposes.
31c. Proof of age shall be required if a reasonable person
32could conclude on the basis of outward appearance that a
33prospective recipient of a sample may be under eighteen years
34of the minimum applicable age as specified in paragraph “b”.
35 Sec. 7. Section 453A.47B, Code 2019, is amended to read as
-4-1follows:
2453A.47B Requirements for mailing or shipping — alternative
3nicotine products or vapor products.
4A retailer shall not mail, ship, or otherwise cause to be
5delivered any alternative nicotine product or vapor product in
6connection with a delivery sale unless the retailer meets all
7of the following apply conditions:
81. a. Prior to sale to the purchaser, the retailer verifies
9by one of the methods specified in paragraph “b” that the
10purchaser is at the minimum applicable age, as follows:
11(1) If the purchase is an alternative nicotine product,
12atleast eighteen years of age through or by one of the
13following:.
14(2) If the purchase is a vapor product, at least twenty-one
15years of age.
16b. Verification by a retailer of the minimum applicable
17age under paragraph “a” may be made through or by one of the
18following methods:
19a. (1) A commercially available database, or aggregate of
20databases, that is regularly used by government and businesses
21for the purpose of age and identity verification.
22b. (2) Obtaining a copy of a valid government-issued
23document that provides the name, address, and date of birth of
24the purchaser.
252. The retailer uses a method of mailing, shipping, or
26delivery that requires the signature of a person who is at
27least eighteen years of the minimum applicable age as specified
28in subsection 1 before the shipping package is released to the
29purchaser.
30EXPLANATION
31The inclusion of this explanation does not constitute agreement with
32the explanation’s substance by the members of the general assembly.
33This bill relates to the minimum age relative to various
34activities relating to vapor products. The bill increases the
35minimum age relative to vapor products from 18 years of age to
-5-121 years of age.
2The bill prohibits a person from selling, giving, or
3otherwise supplying any vapor products to any person under
421 years of age. The bill also prohibits a person under 21
5years of age from smoking, using, possessing, purchasing, or
6attempting to purchase any vapor products.
7The bill makes conforming changes in the Code relative to
8use of a driver’s license or nonoperator’s identification card
9by an underage person to obtain vapor products; compliance
10efforts; sale of vapor products through vending machines; the
11giving away of samples of vapor products to persons under 21
12years of age and within 500 feet of certain locations; and the
13mailing, shipping, or other delivery of vapor products.
14A person holding a permit, including a retailer, who
15violates a provision of the bill is subject to civil penalties
16and permit suspension or revocation provisions based on the
17number of violations. A person other than a retailer who
18sells, gives, or otherwise supplies any vapor products to any
19person under 21 years of age is guilty of a simple misdemeanor.
20An employee of a retailer who sells, gives, or otherwise
21supplies any vapor products to any person under 21 years of
22age commits a simple misdemeanor punishable as a scheduled
23violation ranging from $100 to $500 based upon the number
24of violations. A person under 21 years of age who smokes,
25uses, possesses, purchases, or attempts to purchase any vapor
26products is subject to performance of community service hours
27ranging from 8 hours for a first offense to 16 hours for a third
28or subsequent offense.
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