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CHAPTER XX

LINN COUNTY ORDINANCE PROHIBITING

THE SALE OF DISSOLVABLE TOBACCO PRODUCTS

TABLE OF CONTENTS

XX.1 DefinitionsXX.2 Dissolvable Tobacco Products ProhibitedXX.3 EnforcementXX.4 PenaltiesXX.5 When Effective

XX.1 DEFINITIONS

Dissolvable Tobacco Products means any substance containing tobacco leaf orbiologically active nicotine that is intended to be held in the users mouth until completelydissolved with no need to spit or to discard any pouch or other outer wrapper.

Dissolvable Tobacco Products includes, but is not limited to:Orbs: a small compressed tobacco product pellet

Sticks: A twisted stick of tobacco product the size of a toothpickStrips: A tobacco product film strip for the tongue

Dissolvable Tobacco Products does not include any product specifically approvedby the United States Food and Drug Administration for use in treating nicotine or tobaccoproduct dependence.

Retailerincludes any place of business holding a retail cigarette or tobaccoproducts permit.

Sell or offer for sale means actual sale to a consumer as well as advertising ordisplaying of Dissolvable Tobacco Products.

XX.2 DISSOLVABLE TOBACCO PRODUCTS PROHIBITED

It is a violation of this Chapter for any retailer to sell, offer for sale or give awayDissolvable Tobacco Products within the boundaries of Linn County, Iowa.

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XX.3 ENFORCEMENT

Any peace officer or public health officer who witnesses a retailer sell or offer forsale Dissolvable Tobacco Products shall cause a report of violation to be filed with theLinn County Public Health Department. Violations of this Chapter shall be enforced as

county infractions pursuant to Chapter 19 of the Linn County Code of Ordinances.Infractions shall be prosecuted in the name of the person(s) listed on the retail cigarette ortobacco products permit.

XX.4 PENALTIES

Any person convicted of committing a county infraction based upon Section XX.2of this ordinance shall be fined as follows:

First offense: $250

Second offense: $500

Third and subsequent offenses: $750

Each sale to a consumer or each day of advertising or displaying Dissolvable TobaccoProducts constitutes a separate offense. Convictions shall be reported to the jurisdictionissuing the retail permit as shall any failure to pay the fines or costs associated with aconviction under this Ordinance and may, in addition to the remedies contained inChapter 19, Linn County Code of Ordinances, result in the jurisdiction taking action tosuspend, revoke, or not renew an annual retail permit.

XX.5 EFFECTIVE DATE/JURISDICTION

This ordinance shall be in effect after its final passage, approval and publicationas provided by law. It shall be in effect throughout Linn County, Iowa except inincorporated areas where a Municipal Ordinance exists regulating Dissolvable TobaccoProducts.