CHAPTER XX

LINN COUNTY ORDINANCE PROHIBITING

THE SALE OF DISSOLVABLE TOBACCO PRODUCTS

TABLE OF CONTENTS

XX.1 Definitions
XX.2 Dissolvable Tobacco Products Prohibited
XX.3 Enforcement
XX.4 Penalties
XX.5 When Effective

XX.1 DEFINITIONS

Dissolvable Tobacco Products means any substance containing tobacco leaf or

biologically active nicotine that is intended to be held in the users mouth until completely
dissolved 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 toothpick
Strips: A tobacco product film strip for the tongue

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

Retailer includes any place of business holding a retail cigarette or tobacco

products permit.

Sell or offer for sale means actual sale to a consumer as well as advertising or
displaying 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 away
Dissolvable Tobacco Products within the boundaries of Linn County, Iowa.
XX.3 ENFORCEMENT

Any peace officer or public health officer who witnesses a retailer sell or offer for
sale Dissolvable Tobacco Products shall cause a report of violation to be filed with the
Linn 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 or
tobacco products permit.

XX.4 PENALTIES

Any person convicted of committing a county infraction based upon Section XX.2
of 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 Tobacco

Products constitutes a separate offense. Convictions shall be reported to the jurisdiction
issuing the retail permit as shall any failure to pay the fines or costs associated with a
conviction under this Ordinance and may, in addition to the remedies contained in
Chapter 19, Linn County Code of Ordinances, result in the jurisdiction taking action to
suspend, 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 publication
as provided by law. It shall be in effect throughout Linn County, Iowa except in
incorporated areas where a Municipal Ordinance exists regulating Dissolvable Tobacco
Products.