Iowa

Clean Indoor Air

Public Places

Smoking is prohibited in almost all public places and enclosed areas of places of employment, including restaurants and bars. Smoking is also prohibited in the seating areas of outdoor sports arenas, stadiums, amphitheaters and other entertainment venues where members of the general public assemble to witness entertainment events; outdoor seating or serving areas of restaurants; public transit stations, platforms, and shelters under the authority of the state or its political subdivisions; and the grounds of any public buildings owned, leased, or operated by or under the control of the state government or its political subdivisions with a few exceptions. Smoking is allowed in: 1) private residences unless used as child care facility, child care home or health care provider location; 2) 25 percent of hotel/motel rooms subject to specified conditions; 3) retail tobacco stores as defined as long as smoke does not infiltrate into smokefree areas; 4) private and semiprivate rooms in long-term care facilities under certain conditions; 5) private clubs with no employees except when being used for function to which the general public is invited, and as long as smoke does not infiltrate into smokefree areas, and the club is not set up to avoid compliance with the law; 6) outdoor areas of places of employment except where prohibited above; 7) limousines under private hire; 8) vehicles owned, leased, or provided by a private employer that are for the sole use of the driver and are not used by more than one person in the course of employment either as a driver or passenger; 9) privately owned vehicles not otherwise defined as a place of employment or public place; 10) cabs of motor trucks or truck tractors if no nonsmoking employees are present; 11) an enclosed area within a place of employment or public place that provides a smoking cessation program or a medical or scientific research or therapy program, if smoking is an integral part of the program; 12) farm tractors, farm trucks, and implements of husbandry when being used for their intended purposes; 13) gaming floors of casinos, not including bars or restaurants on the gaming floor; and 14) the Iowa veterans home.

IOWA CODE §§ 142D.1 to 142D.9 (2008).

Government Buildings

Smoking is prohibited in public places, which includes public buildings and vehicles owned, leased, or operated by or under the control of the state government or its political subdivisions and including the entirety of the private residence of any state employee any portion of which is open to the public. Smoking is also prohibited on the grounds of any public buildings owned, leased, or operated by or under the control of the state government or its political subdivisions except: 1) the Iowa state fairgrounds, or fairgrounds as defined in section 174.1 of the Iowa Code, 2) institutions administered by the Department of Corrections, except that smoking on the grounds shall be limited to designated smoking areas and 3) facilities of the Iowa national guard as defined in section 29A.1 of the Iowa Code, except that smoking on the grounds shall be limited to designated smoking areas.

IOWA CODE §§ 142D.1 to 142D.9 (2008).

Private Workplaces

Smoking is prohibited in all enclosed areas within places of employment including but not limited to work areas, private offices, conference and meeting rooms, classrooms, auditoriums, employee lounges and cafeterias, hallways, medical facilities, restrooms, elevators, stairways and stairwells, and vehicles owned, leased, or provided by the employer. Place of employment does not include a private residence, unless the private residence is used as a child care facility, a child care home, or as a health care provider location. This also does not apply to vehicles owned, leased, or provided by a private employer that are for the sole use of the driver and are not used by more than one person in the course of employment either as a driver or passenger.

IOWA CODE §§ 142D.1 to 142D.9 (2008).

Schools

Smoking is prohibited in public places, which includes all public and private educational facilities. Smoking is also prohibited on school grounds, including parking lots, athletic fields, playgrounds, tennis courts, and any other outdoor area under the control of a public or private educational facility, including inside any vehicle located on such school grounds.

IOWA CODE §§ 142D.1 to 142D.9 (2008).

Child Care Centers

Smoking is prohibited in public places, which includes child care facilities and child care homes. Private residences that serve as a child care facility or child care home or specifically included.

IOWA CODE §§ 142D.1 to 142D.9 & 237A.3B (2008).

Health Facilities

Smoking is prohibited in public places, including health care provider locations. Health care provider location is defined as an office or institution providing care or treatment of disease, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including but not limited to a hospital as defined; a long-term care facility; an adult day services program as defined; clinics, laboratories, and the locations of professionals regulated pursuant to Title IV, subtitle III, and includes all enclosed areas of the location including waiting rooms, hallways, other common areas, private rooms, semiprivate rooms, and wards within the location. Smoking is allowed in private and semiprivate rooms in long-term care facilities, occupied by one or more individuals, all of whom are smokers and have requested in writing to be placed in a room where smoking is permitted as long as smoke does not infiltrate into smokefree areas.

IOWA CODE §§ 142D.1 to 142D.9 (2008).

Restaurants

Restaurants: Smoking is prohibited in public places, which includes restaurants. Restaurant means eating establishments, including private and public school cafeterias, which offer food to the public, guests, or employees, including the kitchen and catering facilities in which food is prepared on the premises for serving elsewhere, and including a bar area within a restaurant. Smoking is also prohibited in the outdoor seating and service areas of restaurants.

IOWA CODE §§ 142D.1 to 142D.9 (2008).

Bars: Smoking is prohibited in public places, which includes bars. “Bar” means an establishment where one may purchase alcoholic beverages for consumption on the premises and in which the serving of food is only incidental to the consumption of those beverages.

IOWA CODE §§ 142D.1 to 142D.9 (2008).

Penalties/Enforcement

The owner, operator, manager, or other person having custody or control of a public place, place of employment, area declared a nonsmoking place pursuant to section 142D.5, or outdoor area where smoking is prohibited shall clearly and conspicuously post in and at every entrance “no smoking” signs or the international “no smoking” symbol. This requirement includes vehicles that are covered. All ashtrays shall be removed as well. This law shall be enforced by the Department of Public Health as specified. An employee or private citizen may bring legal action to enforce this chapter. Owners, operators, managers or other persons in charge that fail to comply shall pay a civil penalty of not more than $100 for the first violation, not more than $200 for a second violation with one year and not more than $500 for any subsequent violation in one year. In addition, violation may result in suspension or revocation of applicable permits/licenses.

IOWA CODE §§ 142D.1 to 142D.9 (2008).

Tobacco Excise Tax

Cigarettes

Tax rate per pack of 20: $1.36

Date last changed: March 15, 2007 — from 36 cents to $1.36

Year first enacted: 1921

IOWA CODE § 453A.6(1) (2007).

All revenue from the cigarette tax is deposited in the state General Fund. However, beginning July 1, 2007, the first $127,600,000 in revenue from the cigarette and other tobacco product taxes is appropriated annually to the Health Care Trust Fund created in the office of the state Treasurer. Moneys in the fund shall be separate from the General Fund of the state and shall not be considered part of the General Fund of the state. Moneys in the fund shall be used only for purposes related to health care, substance abuse treatment and prevention, and tobacco use prevention, cessation, and control.

IOWA CODE §§ 453A.35 & 453A.35A (2007).

Other Tobacco Products

Little Cigars: $1.36 per 20 cigars;

Snuff: $1.19/oz. and a proportionate rate on fractional parts of an ounce;

All other tobacco products: 50% of the wholesale sales price

IOWA CODE § 453A.43 (2007).

All revenue from the taxes on other tobacco products is deposited in the state General Fund. However, beginning July 1, 2007, the first $127,600,000 in revenue from the cigarette and other tobacco product taxes is appropriated annually to the Health Care Trust Fund created in the office of the state Treasurer. Moneys in the fund shall be separate from the General Fund of the state and shall not be considered part of the General Fund of the state. Moneys in the fund shall be used only for purposes related to health care, substance abuse treatment and prevention, and tobacco use prevention, cessation, and control.

IOWA CODE §§ 453A.35 & 453A.35A (2007).

Revenue Collected

$121,789,000

Youth Access

Penalties for Sales to Minors

A person shall not sell, give or otherwise supply tobacco products to any person less than 18 years of age. This also applies to sales of cigarettes or tobacco products through a vending machine. For a person, other than a retailer, violation is a simple misdemeanor. For violations of youth access laws by an employee of a retailer, the scheduled fine is as follows: $100 for a first offense, $250 for a second offense and $500 for a third offense. If a retailer or employee of a retailer commits a violation, the Department of Revenue and Finance, a local authority, or the Department of Public Health shall also assess a civil penalty of $300 for a first violation. Failure to pay the fine shall result in automatic suspension of the permit for a period of 14 days. For a second violation within a period of two years, the retailer shall be assessed a $1,500 fine or the retailer’s permit shall be suspended for a period of 30 days based on the retailer’s preference. For a third violation within three years, the retailer shall be assessed a fine of $1,500 and have his permit suspended for 30 days. For a fourth violation within three years, the retailer will be assessed a fine of $1,500 and have his permit suspended for 60 days. For a fifth violation in four years, the retailer’s permit shall be revoked. If an employee of a retailer commits a violation, the retailer shall not be charged with a violation if the employee took the state tobacco compliance employee training program or an in-house training program substantially similar to it. This defense may only be asserted once every four years for violations occuring at the same business location. This law shall supersede any local law or regulation that is inconsistent with or conflicts with the provisions of this chapter. IOWA CODE §§ 453A.2 (2003), 453A.22 (2003), 453A.56 (1991) & 805.8C(3)(b) (2001).

Penalties to Minors

A minor shall not smoke, use, possess, purchase or attempt to purchase any tobacco products. This does not apply if a minor employee possesses the tobacco products as part of their employment responsibilities, and are employed by a person who holds a valid retail tobacco product permit. The penalty for a first offense is $50, for the second offense $100 and $250 for the third or subsequent offenses. In addition, a person who violates this section is subject to the following: For a first offense, performance of eight hours of community work requirements, unless waived by the court; for a second offense, performance of 12 hours of community work requirements; for a third or subsequent offense, performance of 16 hours of community work requirements. A person shall not be guilty of a violation if conduct that would otherwise constitute a violation is performed, under the supervision of law enforcement, to assess compliance with cigarette and tobacco products laws. This law shall supersede any local law or regulation that is inconsistent with or conflicts with the provisions of this chapter.

IOWA CODE §§ 453A.2 (2003), 453A.3 (2004), 453A.56 (1991) & 805.8C (3)(c) (2004).

A person who is under the age of 18, who alters or displays or has in the person’s possession a fictitious or fraudulently altered driver’s license or nonoperator’s identification card and who uses the license or card to purchase or attempt to purchase tobacco products commits a simple misdemeanor punishable by a fine of $100.

IOWA CODE §§ 321.216C (2001) & 805.8A (3)(c) (2004).

If a retailer or employee of a retailer has reasonable belief that a driver’s license or other identification offered by a person seeking to buy a tobacco product is altered or falsified, they may retain the license or identification. It must be forwarded within 24 hours to the appropriate law enforcement agency of the holder’s jurisdiction for further investigation. This law shall supersede any local law or regulation that is inconsistent with or conflicts with the provisions of this chapter. IOWA CODE §§ 453A.4 (2000) & 453A.56 (1991).

Placement of Tobacco Products

Retailers are prohibited from selling cigarettes or tobacco products, in a quantity of less than a carton, through the use of a self-service display. Violation is grounds for revocation of the retailer’s permit. This law shall supersede any local law or regulation that is inconsistent with or conflicts with the provisions of this chapter.

IOWA CODE §§ 453A.36A (1998) & 453A.56 (1991).

Other Provisions

The Alcoholic Beverages Division of the Iowa Department of Commerce shall develop a tobacco compliance employee training program not to exceed two hours in length for employees and prospective employees of tobacco retailers to inform the employees about state and federal laws and regulations regarding the sale of cigarettes and tobacco products to persons less than 18 years of age. The training program shall be free of cost. This law shall supersede any local law or regulation that is inconsistent with or conflicts with the provisions of this chapter.

IOWA CODE §§ 453A.5 (2003) & 453A.56 (1991).

Restrictions on Distribution of Tobacco Product Samples or Sales of Single Cigarettes

Samples

A person shall not give away any cigarettes or tobacco products to any person under 18 years of age or at all within 500 feet of any playground, school, high school, or other facility when such facility is being used primarily by persons under 18 for recreational, educational, or other purposes. Proof of age shall be required if a reasonable person could conclude on the basis of outward appearance that a prospective recipient of a sample may be under 18 years of age. Cigarette samples must have a cigarette tax stamp affixed to them. This law shall supersede any local law or regulation that is inconsistent with or conflicts with the provisions of this chapter.

IOWA CODE §§ 453A.39 (2004) & 453A.56 (1991).

Single Cigarettes

Cigarettes shall be sold in packages of only 20 or more cigarettes. No penalty specified for violation. This law shall supersede any local law or regulation that is inconsistent with or conflicts with the provisions of this chapter.

IOWA CODE §§ 453A.6(7) (2007) & 453A.56 (1991).

Restrictions on Sale of Tobacco Products in Vending Machines

Placement

Vending machines are restricted to places where the retailer ensures that no person younger than 18 years of age is present or permitted to enter at any time. For the purpose of equitable and uniform implementation, application, and enforcement of state and local laws and regulations, the provisions of this chapter shall supersede any local law or regulation which is inconsistent with or conflicts with the provisions of this chapter.

IOWA CODE §§ 453A.36 (2000) & 453A.56 (1991).

Penalty

Violation of the restrictions on the placement of tobacco product vending machines by a retailer is subject to the civil penalties listed under the “Penalties for Sales to Minors” section. For the purpose of equitable and uniform implementation, application, and enforcement of state and local laws and regulations, the provisions of this chapter shall supersede any local law or regulation which is inconsistent with or conflicts with the provisions of this chapter.

IOWA CODE §§ 453A.22 (2003) & 453A.56 (1991).

Licensing Requirements

Requirements

Wholesalers, distributors, and cigarette vendors must obtain a state permit to sell cigarettes from the Department of Revenue. Cities may issue retail permits to dealers within their respective limits. County boards of supervisors may issue retail permits to dealers in their respective counties, outside of the corporate limits of cities. All permits expire on June 30 of each year. Selling or distributing cigarettes without a valid permit is subject to a civil penalty of $200 for a first violation, $500 for a second violation and $1,000 for a third and subsequent violations. This law shall supersede any local law or regulation that is inconsistent with or conflicts with the provisions of this chapter.

IOWA CODE §§ 453A.13 (2000), 453A.31 (2004) & 453A.56 (1991).

Distributors of other tobacco products must obtain a state license from the Director of the Department of Revenue. Retailers of other tobacco products must obtain a permit from the respective city or county where they are located, except a retailer who already has a retailer permit under Iowa Code section 453A.13 need not obtain a separate retailer permit under this section. A separate license is required for each place of business, and licenses expire on June 30th following the date of issue unless sooner revoked. This law shall supersede any local law or regulation that is inconsistent with or conflicts with the provisions of this chapter.

IOWA CODE §§ 453A.44 (1994), 453A.47A (2005) & 453A.56 (1991).

Fee

$50 to $100 annually for a retail permit, depending on local population; $100 annually for a wholesaler, distributor, or cigarette vendor permit; $100 for a tobacco products distributor license unless the person already has a permit of any kind to deal in cigarettes.

IOWA CODE §§ 453A.13 (2000) & 453A.44 (1994).

License Suspension for Sales to Minors

If a retailer or employee of a retailer commits a violation of the sales to minors’ law, including vending machine violations, the Department of Revenue and Finance, a local authority, or the Department of Public Health shall assess a civil penalty for a first violation. Failure to pay the fine shall result in automatic suspension of the permit for a period of 14 days. For a second violation within a period of two years, the retailer shall be assessed a fine or have his permit suspended for a period of 30 days, whichever the retailer prefers. For a third violation within three years, the retailer shall have his permit suspended for 30 days. For a fourth violation within three years, the retailer shall have his permit suspended for 60 days. For a fifth violation in four years, the retailer shall have his permit revoked. This law shall supersede any local law or regulation that is inconsistent with or conflicts with the provisions of this chapter.

IOWA CODE §§ 453A.22 (2003) & 453A.56 (1991).

Tobacco Liability

Industry Protection

If a judgment or order appealed from is for money, the supersedeas bond required shall not exceed 110 percent of the amount of the money judgment except the court may set a higher bond amount based on specific findings. However, in no case shall a bond exceed $100 million, regardless of the value of the money judgment. This limitation shall not apply in cases where the court finds that the defendant intentionally dissipated the defendant’s assets outside the ordinary course of business for the purpose of evading payment of the judgment.

IOWA CODE § 625A.9 (2) (2004).

Tobacco Settlement

Tobacco Control Appropriations

Iowa allocated $10,375,280 for tobacco prevention and cessation programs for FY2009 (July 1, 2008 to June 30, 2009) from the state’s annual MSA payment, state tobacco tax revenue, and the state general fund. $12,290,219 was allocated in FY2008.

FY2009 Appropriation from Healthy Iowans Tobacco Trust (S.F. 2417) enacted 5/13/08 and effective 7/1/08; FY2009 Appropriations for Health and Human Services (S.F. 2425) enacted 5/13/08 and effective 7/1/08; and FY2009 Supplemental Appropriations bill (H.F. 2700) enacted 5/15/08 and effective 7/1/08.

A Tobacco Settlement Trust Fund was established, separate and apart from all other public moneys of the state, under control of the Tobacco Settlement Authority. The fund shall consist of Master Settlement Agreement moneys paid to the authority and not pledged to the payment of bonds or otherwise obligated. The fund consists of two accounts: The Tax-Exempt Bonds Proceeds Restricted Capital Funds Account where most of the proceeds from securitization of MSA payments went and the Endowment for Iowa’s Health Account where a small portion of the proceeds from securitization and MSA money not sold to the Tobacco Settlement Authority are deposited. Each year, money is transferred from the Endowment for Iowa’s Health Account to the Healthy Iowans Tobacco Trust. Specifically, $55 million was transferred in FY2002 and $55 million plus an inflationary factor of one and one-half percent of the amount transferred in the previous fiscal year was transferred in FY2003 and each fiscal year thereafter except the balance of the endowment was transferred on June 30, 2008. A three-fifths majority in each house and approval by the governor is required to override this transfer.

IOWA CODE § 12E.12 (2008).

The Healthy Iowans Tobacco Trust was created in the office of the Treasurer of the State. The trust consists of moneys transferred to the Healthy Iowans Tobacco Trust from the Endowment for Iowa’s Health Account of the Tobacco Settlement Trust Fund and moneys appropriated or transferred from any other source (see above). Moneys deposited in the trust will be used for purposes related to health care, substance abuse treatment and enforcement, tobacco use prevention and control and other purposes related to the needs of children, adults and families in the state.

IOWA CODE § 12.65 (2001).

Non-Monetary Provisions

Iowa established a Tobacco Use Prevention and Control Initiative that will specifically address reduction of tobacco use by youth and pregnant women, promotion of compliance by minors and retailers with tobacco sales laws and ordinances, and enhancement of the capacity of youth to make healthy choices and provide for extensive involvement of youth in attaining these results. The Commission on Tobacco Use Prevention and Control was also created in the Department of Public Health consisting of 14 members, among others three appointed by the governor from tobacco-control related organizations, members of youth organizations and state legislators from the house and senate.

IOWA CODE §§ 142A.1 et seq. (2000).

Securitization

The Tobacco Settlement Authority was created as a public instrumentality and agency of the state to sell, pledge, or assign, as security or consideration, all or a portion of the state’s share of the Master Settlement Agreement. The authority shall issue tax-exempt bonds as necessary in amounts determined by the authority for deposit in the Tax-Exempt Bond Proceeds Restricted Capital Funds Account of the Tobacco Settlement Trust Fund, to be used for capital projects, certain debt service on outstanding obligations which funded capital projects, and attorney fees related to the Master Settlement Agreement. The authority may also issue taxable bonds or tax-exempt bonds to provide additional funding for the Healthy Iowans Tobacco Trust. In addition, the authority may issue tax-exempt bonds if the securitization of any remaining tobacco settlement payments will result in the deposit of not less than $183 million for tax-exempt bonds issued after July 1, 2008.

IOWA CODE §§ 12E.1 to 12E.18 (2008).

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One Response to Iowa

  1. kathy halterman

    years ago there was a law that prohibited the sale of 10 single packs of cigarettes for the carton price ( the packs were taken off of a behind the counter display ) is this law still in affect? please help me i’m trying to stop this practice where i work, i know there was some law about this i just can’t find something to print to show them.

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