Iowa bill (S 2038) would ban sale of vapor products to minors, would require e-cig vendors to buy a tobacco retailer permit, would ban self service di

[Bill Godshall]

Iowa bill (SF 2038) would ban sale of vapor products to minors, but would require all e-cig vendors to have/buy a tobacco retailer permit, would ban self service displays (except at tobacco specialty stores, but not vape shops, that don’t allow minors access), and it might ban free sampling to adults (but that provision is unclear).
http://coolice.legis.iowa.gov/Cool-...info&Service=Billbook&menu=false&hbill=SF2038

I suggest urging the sponsor/committee to amend SF 2038 so it would also amend section 453A.36, subsection 6 to expand the definition of "tobacco specialty store" that primarily sell tobacco to include vape shops that primarily sell "vapor products".

Below is key language from SF 2038.

Page 7, Line 8 Explanation
The bill provides that it is unlawful for a person other than a retailer of cigarettes or tobacco products who holds a valid retail permit to sell tobacco, tobacco products, vapor products, or cigarettes at retail. The bill makes applicable to tobacco and vapor products, in addition to tobacco products and cigarettes, the prohibition against a retailer selling or offering for sale these products through the use of a self-service display. The bill includes tobacco and vapor products in the prohibition against giving away samples of these products to any person under 18 years of age, or within 500 hundred feet of any playground, school, high school, or other facility when such facility is being used primarily by persons under age for recreational, educational, or other purposes.

Page 3, Line 22
It shall be unlawful for a person other than a retailer as defined in section 453A.1 or 453A.42 who holds a valid retail permit, as applicable, to sell tobacco, tobacco products, vapor products, or cigarettes at retail.

Page 3, Line 33
Except as provided in section 453A.36, subsection 6, a retailer shall not sell or offer for sale tobacco products, vapor products, or cigarettes through the use of a self-service display.

-----------------------

SSB 3101 proposed by Human Resources Committee Chair Ragan, would ban the sale of “vapor products” and “alternative nicotine products” to minors, and is virtually identical to S 2038 except that it also pertains to "alternative nicotine products"
http://coolice.legis.iowa.gov/Cool-...rvice=Billbook&menu=false&ga=85&hbill=SSB3101

I suggest urging the sponsor/committee to amend SSB 3101 so it would also amend section 453A.36, subsection 6 to expand the definition of "tobacco specialty store" that primarily sell tobacco to include vape shops that primarily sell "vapor products" or "alternative nicotine products".

Below is key language in SSB 3101

Page 4, Line 3
It shall be unlawful for a person other than a retailer as defined in section 453A.1 or 453A.42 who holds a valid retail permit, as applicable, to sell tobacco, tobacco products, alternative nicotine products, vapor products, or cigarettes at retail.

Page 4, Line 15
Except asp rovided in section 453A.36, subsection 6, a retailer shall not sell or offer for sale tobacco products, alternative nicotine products, vapor products, or cigarettes through the use of a self-service display.


Since these bills are nearly identical (except that SSB 3101 also applies to "alternative nicotine products", it appears that Sen. Ragan is trying to create a compromise between a "vapor products" bill and an "alternative nicotine product" bill. I suspect that SSB 3101 will emerge as the key Senate bill (at least until the ANTZ get their "electronic smoking device" bill introduced that will likely impose far greater restrictions on e-cigs than either of these Senate bills.

 

[Bill Godshall]

Additionally, Iowa bill (HF 2034) would redefine tobacco product to include “smoking simulation device”, ban sales to minors, ban self service displays, require tobacco permit to sell. HF 2034 was referred to the House Commerce Cmte
http://coolice.legis.iowa.gov/Cool-...info&Service=Billbook&menu=false&hbill=HF2034

HF 2034 would also redefine "tobacco" to include a "smoking simulation device" in the tobacco tax statute, but would not apply a tax to the latter products (at this time).

Other than the tax clause (which may or may not present a future threat) HF 2034 is basically the same as SF 2038 and SSB 3101 except it would unhelpfully define an e-cig as a "smoking simulation device".

 

[Bill Godshall]

Another Iowa bill (HSB 566) would ban the sale of "alternative nicotine products" and "vapor products" to minors, proposed by House Commerce Cmte Chair Cownie, appears identical to SSB 3101
http://coolice.legis.iowa.gov/Cool-...linfo&Service=Billbook&menu=false&hbill=HSB56

 

[rothenbj]

I read this article last month and knew it was going to start in Iowa-

Iowa Gov. Branstad

This comment threw me, "He compared e-cigarettes to synthetic drugs created to circumvent state and federal drug laws.

“They just keep coming up with different things just like we have to deal with all these synthetic drugs,” Branstad said."

 

[Bill Godshall]

Yesterday, preliminary votes approved an Iowa House Republican bill and an Iowa Senate Democrat bill to ban e-cigs sales to minors.
Storm Lake Pilot Tribune

During both hearings, industry groups expressed support for the proposals. But public health advocates said that while they support barring sales to minors, they also want e-cigarettes to be classed as tobacco products, making them subject to additional restrictions and taxation.

Stacy Frelund, of the American Heart Association, said she feared the bill could have "a lot of unintended consequences."

This news article doesn't say which of the bills were approved, but I suspect they were HSB 566 and SSF 3101, which are identical bills that would ban the sale of both "alternative nicotine products" and "vapor products" to minors (described and weblinked above).



Jeff Stier submitted an excellent op/ed on the issue to the Des Moines Register
http://www.desmoinesregister.com/ar...Iowa-should-tread-carefully-e-cigarette-rules

 

[Iowa Gal]

I'm all for banning sales to minors and I believe the B&M shops here do that already. I'm pleased to see we have some people looking out for us here, but I also worry that lack of knowledge by those voting could be an issue.

 

[Bill Godshall]

Another bill was introduced (HF 2109) by the Iowa House Commerce Committee, which is listed as a successor to HSB 566, and also would ban the sale of alternative nicotine products and vapor products to minors.
http://coolice.legis.iowa.gov/Cool-...ervice=Billbook&menu=false&ga=85&hbill=HF2109


Not sure what happened to HSB 566, but HF 2109 appears to do the same thing that HSB 566 did.

 

[Bill Godshall]

The Iowa House has approved HF 2109 to ban the sale of alternative nicotine products and vapor products to minors
http://coolice.legis.iowa.gov/Cool-...ervice=Billbook&menu=false&ga=85&hbill=HF2109

It does, however, require e-cig vendors to obtain a permit that tobacco distribitors and retailers are now required to obtain and display. Don't know the annual fee.

Sec. 6. Section 453A.13, subsection 1, Code 2014, is amended to read as follows:
1. Permits required. Every distributor, wholesaler, cigarette vendor, and retailer, now engaged or who desires to become engaged in the sale or use of cigarettes, upon which a tax is required to be paid, and every retailer now engaged or who desires to become engaged in selling, offering for sale, or distributing alternative nicotine products or vapor products shall obtain a state or retail permit as a distributor, wholesaler, cigarette vendor, or retailer, as the case may be.

Notice the comments about/by ANTZ in the news article
Iowa House passes ban on selling e-cigarettes to kids - LivewellNebraska.com

Rep. Tyler Olson, D-Cedar Rapids, sought to amend the bill to clarify that minors would also be barred from e-cigarettes that don't include nicotine and produce just flavored vapor, which he said would not be covered by the bill.

He also wanted to amend language in the bill that he said could mean that some tobacco products — such as dissolvable types of tobacco — could be exempt from taxes.

Lawmakers opted not to take the amendment up for a vote. Another amendment to bar e-cigarettes from schools was also blocked from a vote.

Baltimore said most school districts already bar e-cigarettes.

He also that said his legislation would not change the rules governing tobacco products and argued that once an e-cigarette lacks nicotine, “what you're regulating is a plastic tube with humidity.”

Industry groups have expressed support for the effort to restrict e-cigarettes. But public health advocates have said that while they support barring sales to minors, they also want e-cigarettes to be classed as tobacco products, making them subject to additional restrictions and taxation.

 

[Roger_Lafayette]

Search Results (IA about cigarette) | LegiScan suggests that HF 2109 = HSB 566 as noted. There is also SF 2038 which appears to have gone nowhere yet.

My understanding from Iowa panel supports e-cigarette ban for minors - KWWL - Eastern Iowa Breaking News, Weather, Closings is that HF 2109 is now ready for the Sen floor, and the ANTZ don't like it

Right?

 

[Bill Godshall]

Iowa Senate amends/approves, House concurs on Senate amendments on bill (HB 2109) to ban sale of “vapor products” and “alternative nicotine products” to minors, sent to governor
http://coolice.legis.iowa.gov/Cool-...info&Service=Billbook&menu=false&hbill=HF2109