149.160.  Tax upon first sale, rate, payment, credit — deposit of funds into health initiatives fund — contingent expiration. — 1.  A tax is levied upon the first sale of tobacco products, other than cigarettes, within the state.  The tax on tobacco products shall be at the rate of ten percent of the manufacturer's invoice price before discounts and deals, and shall be paid by the person making the first sale within the state.  Licensed persons making first sales within the state shall be allowed approved credit for returned merchandise provided the tax was paid on the returned merchandise and the purchaser was given a refund or credit.  Such licensed person shall take such approved credit on the return for the month in which the purchaser was given the refund or credit.

  2.  The tax shall not apply to tobacco products when the first sale within the state has occurred on such tobacco products prior to October 1, 1993.

  3.  Amounts generated by the tax levied in this section shall be deposited in the health initiatives fund created by section 191.831.

  4.  When the general assembly appropriates an amount equal to twenty-five percent of the net federal reimbursement allowance to the health initiatives fund, this section shall expire^*.  As used in this section, "net federal reimbursement allowance" shall mean that amount of the federal reimbursement allowance in excess of the amount of state matching funds necessary for the state to make payments required by subsection 1 of section 208.471 or, if the payments exceed the amount so required, the actual payments made for the purposes specified in subsection 1 of section 208.471.