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Senate File 2097 - IntroducedA Bill ForAn Act 1relating to the legal age relating to the purchase,
2possession, or use of tobacco, tobacco products, alternative
3nicotine products, vapor products, and cigarettes, and
4including effective date and applicability provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 453A.2, subsections 1, 2, and 3, Code
22018, are amended to read as follows:
31. A person shall not sell, give, or otherwise supply any
4tobacco, tobacco products, alternative nicotine products, vapor
5products, or cigarettes to any person under eighteen twenty-one
6 years of age.
72. A person under eighteen twenty-one years of age shall
8not smoke, use, possess, purchase, or attempt to purchase any
9tobacco, tobacco products, alternative nicotine products, vapor
10products, or cigarettes.
113. Possession of tobacco, tobacco products, alternative
12nicotine products, vapor products, or cigarettes by an
13individual under eighteen twenty-one years of age does not
14constitute a violation under this section if the individual
15under eighteen twenty-one years of age possesses the tobacco,
16tobacco products, alternative nicotine products, vapor
17products, or cigarettes as part of the individual’s employment
18and the individual is employed by a person who holds a valid
19permit under this chapter or who lawfully offers for sale or
20sells cigarettes or tobacco products.
21 Sec. 2. Section 453A.2, subsection 8, paragraph a,
22subparagraph (2), Code 2018, is amended to read as follows:
23(2) The compliance effort is conducted with the advance
24knowledge of law enforcement officers and reasonable measures
25are adopted by those conducting the effort to ensure that use
26of tobacco, tobacco products, alternative nicotine products,
27vapor products, or cigarettes by individuals under eighteen
28 twenty-one years of age does not result from participation by
29any individual under eighteen twenty-one years of age in the
30compliance effort.
31 Sec. 3. Section 453A.5, subsection 1, Code 2018, is amended
32to read as follows:
331. The alcoholic beverages division of the department of
34commerce shall develop a tobacco compliance employee training
35program not to exceed two hours in length for employees and
-1-1prospective employees of retailers, as defined in sections
2453A.1 and 453A.42, to inform the employees about state and
3federal laws and regulations regarding the sale of tobacco,
4tobacco products, alternative nicotine products, vapor
5products, and cigarettes to persons under eighteen twenty-one
6 years of age and compliance with and the importance of laws
7regarding the sale of tobacco, tobacco products, alternative
8nicotine products, vapor products, and cigarettes to persons
9under eighteen twenty-one years of age.
10 Sec. 4. Section 453A.36, subsection 6, Code 2018, is amended
11to read as follows:
126. Any sales of tobacco, tobacco products, alternative
13nicotine products, vapor products, or cigarettes made through a
14cigarette vending machine are subject to rules and penalties
15relative to retail sales of tobacco, tobacco products,
16alternative nicotine products, vapor products, and cigarettes
17provided for in this chapter. Cigarettes shall not be sold
18through any cigarette vending machine unless the cigarettes
19have been properly stamped or metered as provided by this
20division, and in case of violation of this provision, the
21permit of the dealer authorizing retail sales of cigarettes
22shall be revoked. Payment of the permit fee as provided
23in section 453A.13 authorizes a cigarette vendor to sell
24tobacco, tobacco products, alternative nicotine products, vapor
25products, and cigarettes through vending machines. However,
26tobacco, tobacco products, alternative nicotine products,
27vapor products, and cigarettes shall not be sold through a
28vending machine unless the vending machine is located in a
29place where the retailer ensures that no person younger than
30eighteen twenty-one years of age is present or permitted to
31enter at any time. Tobacco, tobacco products, alternative
32nicotine products, vapor products, and cigarettes shall not be
33sold through any cigarette vending machine if such products
34are placed together with any nontobacco product, other than
35matches, in the cigarette vending machine. This section does
-2-1not require a retail permit holder to buy a cigarette vendor’s
2permit if the retail permit holder is in fact the owner of the
3cigarette vending machines and the machines are operated in the
4location described in the retail permit.
5 Sec. 5. Section 453A.39, subsection 2, paragraphs b and c,
6Code 2018, are amended to read as follows:
7b. A manufacturer, distributor, wholesaler, retailer, or
8distributing agent or agent thereof shall not give away any
9tobacco, tobacco products, alternative nicotine products, vapor
10products, or cigarettes to any person under eighteen twenty-one
11 years of age, or within five hundred feet of any playground,
12school, high school, or other facility when such facility is
13being used primarily by persons under age eighteen twenty-one
14years of age for recreational, educational, or other purposes.
15c. Proof of age shall be required if a reasonable person
16could conclude on the basis of outward appearance that a
17prospective recipient of a sample may be under eighteen
18 twenty-one years of age.
19 Sec. 6. Section 453A.47B, subsection 1, unnumbered
20paragraph 1, Code 2018, is amended to read as follows:
21Prior to sale to the purchaser, the retailer verifies that
22the purchaser is at least eighteen twenty-one years of age
23through or by one of the following:
24 Sec. 7. Section 453A.47B, subsection 2, Code 2018, is
25amended to read as follows:
262. The retailer uses a method of mailing, shipping, or
27delivery that requires the signature of a person who is at
28least eighteen twenty-one years of age before the shipping
29package is released to the purchaser.
30 Sec. 8. EFFECTIVE DATE. This Act takes effect January 1,
312019.
32 Sec. 9. APPLICABILITY. This Act shall not apply to any
33person who is eighteen years of age or older before January 1,
342019, and who, before that date, could lawfully smoke, use,
35possess, purchase, or attempt to purchase tobacco, tobacco
-3-1products, alternative nicotine products, vapor products, or
2cigarettes.
3EXPLANATION
4The inclusion of this explanation does not constitute agreement with
5the explanation’s substance by the members of the general assembly.
6This bill provides that, beginning January 1, 2019, the
7legal age relative to the purchase, possession, or use of
8tobacco, tobacco products, alternative nicotine products, vapor
9products, and cigarettes is 21 years of age. The bill provides
10that a person shall not sell, give, or otherwise supply any
11tobacco, tobacco products, alternative nicotine products, vapor
12products, or cigarettes to any person under 21 years of age;
13and that a person under 21 years of age shall not smoke, use,
14possess, purchase, or attempt to purchase any tobacco, tobacco
15products, alternative nicotine products, vapor products, or
16cigarettes.
17The bill makes conforming changes in the Code for exceptions
18to possession of tobacco, tobacco products, alternative
19nicotine products, vapor products, or cigarettes by an
20individual under 21 years of age if the individual possesses
21the product as part of the individual’s employment and if the
22individual is involved in a compliance effort. The bill also
23provides that relative to vending machines, tobacco, tobacco
24products, alternative nicotine products, vapor products, and
25cigarettes shall not be sold through a vending machine unless
26the vending machine is located in a place where the retailer
27ensures that no person younger than 21 years of age is present
28or permitted to enter at any time. The bill also provides that
29for the purposes of giving away these products or providing
30samples, the recipient must be 21 years of age or older.
31The bill is not applicable to any person who is 18 years
32of age or older before January 1, 2019, and who, before that
33date, could lawfully smoke, use, possess, purchase, or attempt
34to purchase tobacco, tobacco products, alternative nicotine
35products, vapor products, or cigarettes.
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2possession, or use of tobacco, tobacco products, alternative
3nicotine products, vapor products, and cigarettes, and
4including effective date and applicability provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 453A.2, subsections 1, 2, and 3, Code
22018, are amended to read as follows:
31. A person shall not sell, give, or otherwise supply any
4tobacco, tobacco products, alternative nicotine products, vapor
5products, or cigarettes to any person under eighteen twenty-one
6 years of age.
72. A person under eighteen twenty-one years of age shall
8not smoke, use, possess, purchase, or attempt to purchase any
9tobacco, tobacco products, alternative nicotine products, vapor
10products, or cigarettes.
113. Possession of tobacco, tobacco products, alternative
12nicotine products, vapor products, or cigarettes by an
13individual under eighteen twenty-one years of age does not
14constitute a violation under this section if the individual
15under eighteen twenty-one years of age possesses the tobacco,
16tobacco products, alternative nicotine products, vapor
17products, or cigarettes as part of the individual’s employment
18and the individual is employed by a person who holds a valid
19permit under this chapter or who lawfully offers for sale or
20sells cigarettes or tobacco products.
21 Sec. 2. Section 453A.2, subsection 8, paragraph a,
22subparagraph (2), Code 2018, is amended to read as follows:
23(2) The compliance effort is conducted with the advance
24knowledge of law enforcement officers and reasonable measures
25are adopted by those conducting the effort to ensure that use
26of tobacco, tobacco products, alternative nicotine products,
27vapor products, or cigarettes by individuals under eighteen
28 twenty-one years of age does not result from participation by
29any individual under eighteen twenty-one years of age in the
30compliance effort.
31 Sec. 3. Section 453A.5, subsection 1, Code 2018, is amended
32to read as follows:
331. The alcoholic beverages division of the department of
34commerce shall develop a tobacco compliance employee training
35program not to exceed two hours in length for employees and
-1-1prospective employees of retailers, as defined in sections
2453A.1 and 453A.42, to inform the employees about state and
3federal laws and regulations regarding the sale of tobacco,
4tobacco products, alternative nicotine products, vapor
5products, and cigarettes to persons under eighteen twenty-one
6 years of age and compliance with and the importance of laws
7regarding the sale of tobacco, tobacco products, alternative
8nicotine products, vapor products, and cigarettes to persons
9under eighteen twenty-one years of age.
10 Sec. 4. Section 453A.36, subsection 6, Code 2018, is amended
11to read as follows:
126. Any sales of tobacco, tobacco products, alternative
13nicotine products, vapor products, or cigarettes made through a
14cigarette vending machine are subject to rules and penalties
15relative to retail sales of tobacco, tobacco products,
16alternative nicotine products, vapor products, and cigarettes
17provided for in this chapter. Cigarettes shall not be sold
18through any cigarette vending machine unless the cigarettes
19have been properly stamped or metered as provided by this
20division, and in case of violation of this provision, the
21permit of the dealer authorizing retail sales of cigarettes
22shall be revoked. Payment of the permit fee as provided
23in section 453A.13 authorizes a cigarette vendor to sell
24tobacco, tobacco products, alternative nicotine products, vapor
25products, and cigarettes through vending machines. However,
26tobacco, tobacco products, alternative nicotine products,
27vapor products, and cigarettes shall not be sold through a
28vending machine unless the vending machine is located in a
29place where the retailer ensures that no person younger than
30eighteen twenty-one years of age is present or permitted to
31enter at any time. Tobacco, tobacco products, alternative
32nicotine products, vapor products, and cigarettes shall not be
33sold through any cigarette vending machine if such products
34are placed together with any nontobacco product, other than
35matches, in the cigarette vending machine. This section does
-2-1not require a retail permit holder to buy a cigarette vendor’s
2permit if the retail permit holder is in fact the owner of the
3cigarette vending machines and the machines are operated in the
4location described in the retail permit.
5 Sec. 5. Section 453A.39, subsection 2, paragraphs b and c,
6Code 2018, are amended to read as follows:
7b. A manufacturer, distributor, wholesaler, retailer, or
8distributing agent or agent thereof shall not give away any
9tobacco, tobacco products, alternative nicotine products, vapor
10products, or cigarettes to any person under eighteen twenty-one
11 years of age, or within five hundred feet of any playground,
12school, high school, or other facility when such facility is
13being used primarily by persons under age eighteen twenty-one
14years of age for recreational, educational, or other purposes.
15c. Proof of age shall be required if a reasonable person
16could conclude on the basis of outward appearance that a
17prospective recipient of a sample may be under eighteen
18 twenty-one years of age.
19 Sec. 6. Section 453A.47B, subsection 1, unnumbered
20paragraph 1, Code 2018, is amended to read as follows:
21Prior to sale to the purchaser, the retailer verifies that
22the purchaser is at least eighteen twenty-one years of age
23through or by one of the following:
24 Sec. 7. Section 453A.47B, subsection 2, Code 2018, is
25amended to read as follows:
262. The retailer uses a method of mailing, shipping, or
27delivery that requires the signature of a person who is at
28least eighteen twenty-one years of age before the shipping
29package is released to the purchaser.
30 Sec. 8. EFFECTIVE DATE. This Act takes effect January 1,
312019.
32 Sec. 9. APPLICABILITY. This Act shall not apply to any
33person who is eighteen years of age or older before January 1,
342019, and who, before that date, could lawfully smoke, use,
35possess, purchase, or attempt to purchase tobacco, tobacco
-3-1products, alternative nicotine products, vapor products, or
2cigarettes.
3EXPLANATION
4The inclusion of this explanation does not constitute agreement with
5the explanation’s substance by the members of the general assembly.
6This bill provides that, beginning January 1, 2019, the
7legal age relative to the purchase, possession, or use of
8tobacco, tobacco products, alternative nicotine products, vapor
9products, and cigarettes is 21 years of age. The bill provides
10that a person shall not sell, give, or otherwise supply any
11tobacco, tobacco products, alternative nicotine products, vapor
12products, or cigarettes to any person under 21 years of age;
13and that a person under 21 years of age shall not smoke, use,
14possess, purchase, or attempt to purchase any tobacco, tobacco
15products, alternative nicotine products, vapor products, or
16cigarettes.
17The bill makes conforming changes in the Code for exceptions
18to possession of tobacco, tobacco products, alternative
19nicotine products, vapor products, or cigarettes by an
20individual under 21 years of age if the individual possesses
21the product as part of the individual’s employment and if the
22individual is involved in a compliance effort. The bill also
23provides that relative to vending machines, tobacco, tobacco
24products, alternative nicotine products, vapor products, and
25cigarettes shall not be sold through a vending machine unless
26the vending machine is located in a place where the retailer
27ensures that no person younger than 21 years of age is present
28or permitted to enter at any time. The bill also provides that
29for the purposes of giving away these products or providing
30samples, the recipient must be 21 years of age or older.
31The bill is not applicable to any person who is 18 years
32of age or older before January 1, 2019, and who, before that
33date, could lawfully smoke, use, possess, purchase, or attempt
34to purchase tobacco, tobacco products, alternative nicotine
35products, vapor products, or cigarettes.
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