1. Beginning January 1, 2009, cigarettes shall not be sold or offered for sale to any person in this state unless:

 a. The cigarettes have been tested in accordance with the test method prescribed in section 101B.4.
 b. The cigarettes meet the performance standard specified in section 101B.4.
 c. A written certification has been filed by the manufacturer with the department and in accordance with section 101B.5.
 d. The cigarettes have been marked in accordance with section 101B.7.

Terms Used In Iowa Code 101B.3

  • Department: means the department of public safety. See Iowa Code 101B.2
  • following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
  • Manufacturer: means any of the following:
     a. See Iowa Code 101B.2
  • person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
  • Retailer: means retailer as defined in section 453A. See Iowa Code 101B.2
  • Sale: means any transfer of title or possession, exchange or barter, in any manner or by any means or any agreement. See Iowa Code 101B.2
  • state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
  • United States: includes all the states. See Iowa Code 4.1
  • Wholesaler: means wholesaler as defined in section 453A. See Iowa Code 101B.2
  • year: means twelve consecutive months. See Iowa Code 4.1
 2. This chapter shall not be construed to prohibit a wholesaler or retailer from selling the wholesaler’s or retailer’s inventory of cigarettes existing prior to January 1, 2009, provided that the wholesaler or retailer is able to establish both of the following:

 a. Tax stamps were affixed to the cigarettes on inventory pursuant to section 453A.10 before January 1, 2009.
 b. The inventory of cigarettes was purchased before January 1, 2009, in comparable quantity to the amount of inventory of cigarettes purchased during the same period of the prior year.
 3. This chapter shall not be construed to prohibit any person from selling or offering for sale cigarettes that have not been certified by the manufacturer in accordance with section 101B.5 if the cigarettes are or will be stamped for sale in another state or are packaged for sale outside the United States.
 4. The department of public safety shall administer this chapter and may adopt rules pursuant to chapter 17A to administer this chapter. This chapter shall be implemented in accordance with the implementation and substance of the New York fire safety standards for cigarettes.
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