142A.6 - COMPREHENSIVE TOBACCO USE PREVENTION AND CONTROL INITIATIVE ESTABLISHED -- PURPOSE -- RESULTS.

        142A.6  COMPREHENSIVE TOBACCO USE PREVENTION AND
      CONTROL INITIATIVE ESTABLISHED -- PURPOSE -- RESULTS.
         1.  A comprehensive tobacco use prevention and control initiative
      is established.  The division shall implement the initiative as
      provided in this chapter.
         2.  The purpose of the initiative is to attain the following
      results:
         a.  Reduction of tobacco use by youth.
         b.  Strong, active youth involvement in activities to prevent
      youth tobacco use and to promote cessation of youth tobacco use.
         c.  Enhanced capacity of youth to make healthy choices.
         d.  Reduction of tobacco use by pregnant women.
         e.  Increased compliance by minors and retailers with tobacco
      sales laws and ordinances.
         3.  Success in achieving the initiative's desired results may be
      demonstrated by a minimum of the following:
         a.  Data demonstrating consistent progress in reducing the
      prevalence of tobacco use among youth and adults.
         b.  Survey results indicating widespread support among youth
      for the initiative's tobacco use prevention and control activities;
      for programs that enhance the ability of youth to make healthy
      choices including those related to use of tobacco, alcohol, and other
      substances; and for the media, marketing, and communications efforts
      supporting the initiative's desired results.  Any survey conducted
      may also include an assessment of the effectiveness of tobacco use
      prevention and control activities in affecting other unhealthy youth
      behaviors including sexual activity and violent behavior.
         c.  Data demonstrating increased compliance by minors and
      retailers with tobacco sales laws and ordinances.
         4.  The division shall implement the initiative in a manner that
      ensures that youth are extensively involved in the decision making
      for the programs implemented under the initiative.  The initiative
      shall also involve parents, schools, and community members in
      activities to achieve the results desired for the initiative.  The
      division shall encourage collaboration at the state and local levels
      to maximize available resources and to provide flexibility to support
      community efforts.
         5.  Procurement of goods and services necessary to implement the
      initiative is subject to approval of the commission.  Notwithstanding
      chapter 8A, subchapter III, or any other provision of law to the
      contrary, such procurement may be accomplished by the commission
      under its own competitive bidding process which shall provide for
      consideration of such factors as price, bidder competence, and
      expediency in procurement.
         6.  In order to promote the tobacco use prevention and control
      partnership established in section 142A.1, the following persons
      shall comply with the following, as applicable:
         a.  A manufacturer, distributor, wholesaler, retailer, or
      distributing agent or agent thereof shall not give away cigarettes or
      tobacco products.
         b.  A manufacturer, distributor, wholesaler, retailer, or
      distributing agent or agent thereof shall not provide free articles,
      products, commodities, gifts, or concessions in any exchange for the
      purchase of cigarettes or tobacco products.
         c.  The prohibitions in this section do not apply to
      transactions between manufacturers, distributors, wholesalers, or
      retailers.
         d.  For the purpose of this subsection, manufacturer,
      distributor, wholesaler, retailer, and distributing agent mean as
      defined in section 453A.1.  
         Section History: Recent Form
         2000 Acts, ch 1192, §6, 17; 2003 Acts, ch 145, §191
         See also §453A.39