IPCPR Legislative | Restrictions in Iowa

Restrictions in Iowa

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Smoking, Age and Sampling Restrictions in Iowa

Iowa law prohibits smoking: in public places, including financial institutions, restaurants, bars, public and private educational facilities, health care provider locations, hotels and motels, laundromats, public transportation facilities and conveyances such as buses and taxicabs, aquariums, galleries, libraries, museums, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, entertainment venues, polling places, convention facilities and meeting rooms, public buildings and vehicles, service lines, private clubs when open to the general public, child care facilities and child care homes, gambling structures, excursion gambling boats, and racetrack enclosures; in enclosed areas within places of employment, including 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; 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; in outdoor seating or serving areas of restaurants; in public transit stations, platforms, and shelters; 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; and on the grounds of any public buildings owned, leased, or operated by or under the control of the state government or its political subdivisions, including the grounds of a private residence of any state employee any portion of which is open to the public.

 

Iowa Code § 142D.3: Prohibition of smoking; public places, places of employment, and outdoor areas
Iowa Code § 142D.2: Definitions

 

The owner, operator, manager, or other person having custody or control of a place where smoking is prohibited must clearly and conspicuously post in and at every entrance to the place “no smoking” signs or the international “no smoking” symbol. All signs must contain the telephone number for reporting complaints and the internet site of the Department of Public Health.

 

Iowa Code § 142D.6: Notice of nonsmoking requirements; posting of signs

 

Iowa law contains no specific provisions concerning state preemption of local smoking laws, so local communities may pass more stringent laws or ordinances in this area.

 

Exemptions

 

The following are exempt from the ban on smoking, subject to conditions:

  • Private residences, except when used as a child care facility, child care home, or a health care provider location
  • Designated hotel and motel guest rooms
  • Retail tobacco stores, provided that smoke from these locations does not infiltrate into areas in which smoking is otherwise prohibited
    • A “retail tobacco store” is a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is incidental to the sale of tobacco products.
    • “Incidental to the sale of tobacco products” means that the gross revenue of a retail tobacco store derived from the sale of products other than tobacco products is not more than 20% of the retail tobacco store’s total gross revenue.
  • 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, provided that smoke from these locations does not infiltrate into areas in which smoking is otherwise prohibited
  • Private clubs that have no employees, except when used for a function to which the general public is invited, provided that smoke from these locations does not infiltrate into areas in which smoking is otherwise prohibited
  • Outdoor areas that are places of employment, except those areas where smoking is specifically prohibited
  • Limousines under private hire, 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, privately owned vehicles not otherwise defined as a place of employment or public place, and cabs of motor trucks or truck tractors if no nonsmoking employees are present
  • 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
  • Farm tractors, farm trucks, and implements of husbandry when being used for their intended purposes
  • The gaming floor of licensed premises exclusive of any bar or restaurant located within the gaming floor which is an enclosed area and subject to smoking prohibitions
  • The Iowa veterans home

 

Iowa Code § 142D.4: Areas where smoking not regulated
Iowa Code § 142D.2: Definitions
Iowa Admin. Code § 641-153.2: Definitions

 

Iowa law does not provide a specific application procedure for retail tobacco stores to qualify for exemption from the smoking ban. Localities may have specific requirements.

Individuals under 18 years of age cannot smoke, use, possess, purchase, attempt to purchase any tobacco, tobacco products, alternative nicotine products, vapor products, or cigarettes. Possession of tobacco, tobacco products, alternative nicotine products, vapor products, or cigarettes by an individual under 18 years of age is not illegal if the individual under 18 years of age possesses the tobacco, tobacco products, alternative nicotine products, vapor products, or cigarettes as part of the individual’s employment and the individual is employed by a person who holds a valid Tobacco Permit or who lawfully offers for sale or sells cigarettes or tobacco products. Division of Labor Services staff reported that a minor under 18 years of age can sell, stock, or handle tobacco if the conditions above are met and that the minimum age to work in Iowa is 14.

 

Iowa Code § 453A.2(2-3): Persons under legal age

 

Similarly, it is illegal to sell, give, or otherwise supply any tobacco, tobacco products, alternative nicotine products, vapor products, or cigarettes to any person under 18 years of age.

 

Iowa Code § 453A.2(1): Persons under legal age

 

For the purpose of equitable and uniform implementation, application, and enforcement of state and local laws and regulations, the provisions of Iowa Code ch. 453A shall supersede any local law or regulation which is inconsistent with or conflicts with the provisions of the chapter.

 

Iowa Code § 453A.56: Uniform application

Federal regulations prohibit free samples of cigarettes and limit free samples of smokeless tobacco products to certain age-restricted venues under several conditions.

 

Regulations Restricting the Sale, Distribution, and Marketing of Cigarettes, Cigarette Tobacco, and Smokeless Tobacco: Consumer Fact Sheet
http://www.fda.gov/downloads/TobaccoProducts/PublicHealthEducation/ProtectingKidsfromTobacco/RegsRestrictingSale/UCM265540.pdf

 

In Iowa, a manufacturer, distributor, wholesaler, retailer, or distributing agent or agent thereof may not give away any tobacco, tobacco products, alternative nicotine products, vapor products, or cigarettes to any person under 18 years of age, or within 500 feet of any playground, school, high school, or other facility when such facility is being used primarily by persons under 18 years of age for recreational, educational, or other purposes.

 

Iowa Code § 453A.39: Tobacco, tobacco products, alternative nicotine products, vapor products, and cigarette samples; restrictions; administration

 

Distribution of tobacco samples is subject to tax and licensing requirements, as “sale” includes a gift by a person engaged in the business of selling tobacco products, for advertising, as a means of evading the provisions of this division, or for any other purposes whatsoever.

 

Iowa Code § 453A.42(11)

 

For the purpose of equitable and uniform implementation, application, and enforcement of state and local laws and regulations, the provisions of Iowa Code ch. 453A shall supersede any local law or regulation which is inconsistent with or conflicts with the provisions of the chapter.

 

Iowa Code § 453A.56: Uniform application

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