Iowa Admin. Code r. 641-151.8 - Gifts

The commission shall solicit and accept gifts of money or services or property from governmental or private sources for use in support of the comprehensive tobacco use prevention and control initiative.

(1) The commission shall not accept gifts of money or services or property from a manufacturer of tobacco products.

a. A gift means a rendering of anything of value in return for which legal consideration of equal or greater value is not given and received. A gift does not include funds deposited by any manufacturer of tobacco products into the tobacco settlement fund.

b. A manufacturer of tobacco products means every person who ships cigarettes or other tobacco products as defined in Iowa Code section 453 A. 1 into this state from outside the state.

(2) The commission shall not accept a gift of money or services or property from a corporation or other private legal entity which is controlled by a manufacturer of tobacco products. A manufacturer of tobacco products controls a corporation or other private legal entity when the manufacturer possesses, directly or indirectly, the power to direct or cause the direction of the management and policies of a corporation or other private legal entity, whether through the ownership of voting rights, by contract, or otherwise.

(3) The commission may not accept a gift of money or services or property from a corporation or other private legal entity in which a manufacturer of tobacco products has a noncontrolling interest. A manufacturer of tobacco products has a noncontrolling interest in a corporation or other private legal entity when the manufacturer has a commercial contract for goods or nonmanagement services, or holds the power to vote, or holds proxies representing less than 10 percent of the voting rights of any other person.

(4) The commission, in its discretion, may require any corporation or other private legal entity from which it solicits, or which offers to it, a gift of money or services or property for use in support of the comprehensive tobacco use prevention and control initiative to submit a statement describing the relationship, if any, between the corporation or other private legal entity and a manufacturer of tobacco products.

(5) If the commission accepts a gift from a corporation or other private legal entity under the circumstances described in subrule 151.8(3), the commission may require the gift to be contingent on a waiver by the manufacturer of tobacco products of any right to advertise with regard to, claim responsibility for, or otherwise publicize the gift.

Notes

Iowa Admin. Code r. 641-151.8