DES MOINES - A lead enforcer of Iowa's tobacco compliance effort said Wednesday most businesses are abiding by state laws ensuring smoke-free workplaces and a ban on minors buying cigarettes.

"We're seeing outstanding compliance by the Iowa businesses," said Lynn Walding, administrator of the alcoholic beverages division within the state Department of Commerce.

Spot enforcement checks at Iowa establishments that sell tobacco products found 92 percent compliance with the state law prohibiting sales of cigarettes or other tobacco products to minors under the age of 18 during fiscal 2009. That was unchanged from the previous year but in stark contrast to the 50 percent compliance rate in 1995 before state officials stepped up enforcement to meet a federally mandated 70 percent compliance threshold, he said.

"A vast majority of Iowa retailers are ensuring that tobacco is kept out of the hands of under-aged buyers," said Walding, who attributed the 8 percent noncompliance to "the human error element." He said retailers responded well in recent years to a program that waived sanctions for businesses that provided educational information to their employees - an effort that has stabilized compliance in the 88 percent to 92 percent range since fiscal 2002.

Compliance with the state's Smokefree Air Act has been even bigger since the law took effect July 1, 2008, with roughly 1 percent of about 82,000 businesses receiving notices of potential violations, Walding said.

"I would say the air has significantly cleared in the last few months," he said. "Once we started actually enforcing it, I think the retailers realized there could be potential consequences, including serious consequences leading up to the revocation of their licenses. That's had the intended effect of gaining the cooperation of the few licensees that were not compliant."

To date, administrative hearing complaints for violations of the Smokefree Air Act have been filed against 53 liquor licenses, with many enforcement actions resolved with settlements that generally included a seven-day liquor license suspension and a $1,000 fine, he said.

Bar owners have filed lawsuits in district court in Des Moines and Muscatine counties challenging the constitutionality of the state law and administrative enforcement actions taken by the alcoholic beverages division. Walding said a court decision is expected this fall, but likely will be appealed to the Iowa Supreme Court regardless of the outcome.

Walding said warm weather has contributed to high compliance because smokers can move outside a prohibited area to "have a puff." But he expressed concern that enforcement efforts may have to be stepped up once colder conditions set in.

Iowa's anti-smoking law applies to employees in more than 99 percent of Iowa's businesses, making it one of the most comprehensive in the nation. Exceptions were made for gambling floors in state-licensed casinos, the Iowa State Fairgrounds and the Iowa Veterans Home in Marshalltown.