CHAPTER 1109
ALTERNATIVE NICOTINE AND VAPOR PRODUCTS
H.F. 2109
AN ACT relating to vapor products and alternative nicotine products, and providing penalties.
Be It Enacted by the General Assembly of the State of Iowa:
Section 1. Section 453A.1, subsection 21, Code 2014, is amended to read as follows:
21. “Retailer” shall mean and include every person in this state who shall sell, distribute, or
offer for sale for consumption or possess for the purpose of sale for consumption, cigarettes,
alternative nicotine products, or vapor products irrespective of quantity or amount or the
number of sales.
Sec. 2. Section 453A.1, Code 2014, is amended by adding the following new subsections:
NEW SUBSECTION. 01. “Alternative nicotine product” means a product, not consisting
of or containing tobacco, that provides for the ingestion into the body of nicotine, whether
by chewing, absorbing, dissolving, inhaling, snorting, or sniffing, or by any other means.
“Alternative nicotine product” does not include cigarettes, tobacco products, or vapor
products, or a product that is regulated as a drug or device by the United States food and
drug administration under chapter V of the federal Food, Drug, and Cosmetic Act.
NEW SUBSECTION. 26A. “Vapor product” means any noncombustible product, which
may or may not contain nicotine, that employs a heating element, power source, electronic
circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that
can be used to produce vapor from a solution or other substance. “Vapor product” includes
an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar
product or device, and any cartridge or other container of a solution or other substance,
which may or may not contain nicotine, that is intended to be used with or in an electronic
cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device.
“Vapor product” does not include a product regulated as a drug or device by the United States
food and drug administration under chapter V of the federal Food, Drug, and Cosmetic Act.
Sec. 3. Section 453A.2, subsections 1, 2, 3, and 8, Code 2014, are amended to read as
follows:
1. A person shall not sell, give, or otherwise supply any tobacco, tobacco products,
alternative nicotine products, vapor products, or cigarettes to any person under eighteen
years of age.
2. A person under eighteen years of age shall not smoke, use, possess, purchase, or attempt
to purchase any tobacco, tobacco products, alternative nicotine products, vapor products, or
cigarettes.
3. Possession of cigarettes or tobacco, tobacco products, alternative nicotine products,
vapor products, or cigarettes by an individual under eighteen years of age does not constitute
a violation under this section if the individual under eighteen years of age possesses the
cigarettes or 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 permit under this chapter or who lawfully offers for sale or sells cigarettes
or tobacco products.
8. a. A person shall not be guilty of a violation of this section if conduct that would
otherwise constitute a violation is performed to assess compliance with cigarette and
tobacco, tobacco products, alternative nicotine products, vapor products, or cigarette laws if
any of the following applies:
(1) The compliance effort is conducted by or under the supervision of law enforcement
officers.
(2) The compliance effort is conducted with the advance knowledge of law enforcement
officers and reasonable measures are adopted by those conducting the effort to ensure that
use of cigarettes or tobacco, tobacco products, alternative nicotine products, vapor products,

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