reglab/housing_qa huggingface dataset:
IN Code § 24-3-4-12 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 3. Tobacco Products|Chapter 4. Cigarettes Produced for Export; Imported Cigarettes|24-3-4-12. Seizure of Cigarettes; Search Warrants

Sec. 12. (a) If the department or a law enforcement officer discovers cigarettes that are in violation of section 8 or 9 of this chapter, the department or a law enforcement officer may seize and take possession of the cigarettes together with any vending machine or receptacle in which the cigarettes are held for sale. The seized cigarettes, vending machine, or receptacle, not including money contained in the vending machine or receptacle, shall be forfeited to the state. The department or law enforcement agency shall, within a reasonable time after the seizure, destroy the confiscated cigarettes and vending machine or receptacle.(b) The confiscation, destruction, sale, or redemption of cigarettes does not relieve a person of any penalties imposed for violation of this chapter.(c) When the department has reason to believe that any cigarettes are being kept, sold, offered for sale, or given away in violation of this chapter, an officer of the department or a law enforcement officer may make an affidavit for a search warrant under IC 35-33-5. If the judge issues a search warrant under IC 35-33-1, a law enforcement officer or an authorized agent of the department may search any place or vehicle designated in the affidavit and search warrant and seize any cigarettes.As added by P.L.21-2000, SEC.10.
IN Code § 24-3-4-13 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 3. Tobacco Products|Chapter 4. Cigarettes Produced for Export; Imported Cigarettes|24-3-4-13. Enforcement Powers; Prosecution of Violations

Sec. 13. (a) This chapter may be enforced by the department or a law enforcement officer.(b) Upon referral of a violation of this chapter by the department or a law enforcement officer, the prosecuting attorney or the attorney general shall prosecute the person who violates this chapter.As added by P.L.21-2000, SEC.10.
IN Code § 24-3-4-14 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 3. Tobacco Products|Chapter 4. Cigarettes Produced for Export; Imported Cigarettes|24-3-4-14. Injunctive or Equitable Relief

Sec. 14. In addition to any other remedy, any person may bring an action for appropriate injunctive or equitable relief for a violation of this chapter that caused actual damages to the person. The person who brings the action may recover actual damages, interest on the damages from the date the complaint was filed, costs, and reasonable attorney's fees. If the court finds that the violation was flagrant, the court may increase the recovery to an amount not exceeding three (3) times the amount of actual damages.As added by P.L.21-2000, SEC.10.
IN Code § 24-3-4-15 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 3. Tobacco Products|Chapter 4. Cigarettes Produced for Export; Imported Cigarettes|24-3-4-15. Class a Misdemeanor; Sale, Distribution, or Transportation of Prohibited Cigarettes

Sec. 15. A person who knowingly or intentionally sells, distributes, or transports into Indiana cigarettes in violation of section 8 of this chapter commits a Class A misdemeanor.As added by P.L.21-2000, SEC.10.
IN Code § 24-3-4-16 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 3. Tobacco Products|Chapter 4. Cigarettes Produced for Export; Imported Cigarettes|24-3-4-16. Class a Misdemeanor; Affixing Stamp on Prohibited Cigarettes

Sec. 16. A person who knowingly or intentionally sells, or distributes cigarettes that bear Indiana tax stamps affixed in violation of this chapter commits a Class A misdemeanor.As added by P.L.21-2000, SEC.10.
IN Code § 24-3-4-17 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 3. Tobacco Products|Chapter 4. Cigarettes Produced for Export; Imported Cigarettes|24-3-4-17. Penalty

Sec. 17. A person who:(1) knowingly sells, distributes, or transports more than twelve thousand (12,000) cigarettes in violation of section 8 or 9 of this chapter; and(2) has previously been convicted of an offense under section 15 or 16 of this chapter;commits a Level 6 felony.As added by P.L.21-2000, SEC.10. Amended by P.L.1-2001, SEC.29; P.L.158-2013, SEC.271.
IN Code § 24-3-5-0.1 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 3. Tobacco Products|Chapter 5. Delivery Sales of Tobacco Products|24-3-5-0.1. "Cigarette"

Sec. 0.1. As used in this chapter, "cigarette" has the meaning set forth in IC 6-7-1-2.As added by P.L.160-2005, SEC.1.
IN Code § 24-3-5-0.2 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 3. Tobacco Products|Chapter 5. Delivery Sales of Tobacco Products|24-3-5-0.2. "Cigarette Manufacturer"

Sec. 0.2. As used in this chapter, "cigarette manufacturer" means a person or an entity that does the following:(1) Manufactures cigarettes.(2) Does one (1) of the following:(A) Participates in the Master Settlement Agreement (as defined in IC 24-3-3-6) and performs the person's or entity's financial obligations under the Master Settlement Agreement.(B) Places the applicable amount into a qualified escrow fund (as defined in IC 24-3-3-7).(3) Pays all applicable taxes under IC 6-7-1.As added by P.L.160-2005, SEC.2.
IN Code § 24-3-5-0.3 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 3. Tobacco Products|Chapter 5. Delivery Sales of Tobacco Products|24-3-5-0.3. "Commission"

Sec. 0.3. As used in this chapter, "commission" refers to the alcohol and tobacco commission created by IC 7.1-2-1-1.As added by P.L.160-2005, SEC.3.
IN Code § 24-3-5-1 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 3. Tobacco Products|Chapter 5. Delivery Sales of Tobacco Products|24-3-5-1. "Delivery Sale"

Sec. 1. As used in this chapter, "delivery sale" means a transaction for the purchase of tobacco products in which an offer to purchase tobacco products is made:(1) electronically using a computer network (as defined in IC 35-43-2-3);(2) by mail; or(3) by telephone;and acceptance of the offer results in delivery of the tobacco products to a named individual or entity at a designated address.As added by P.L.253-2003, SEC.1. Amended by P.L.160-2005, SEC.4.
IN Code § 24-3-5-1.5 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 3. Tobacco Products|Chapter 5. Delivery Sales of Tobacco Products|24-3-5-1.5. "Distributor"

Sec. 1.5. As used in this chapter, "distributor" includes the following:(1) A distributor as defined in IC 6-7-1-6.(2) A distributor as defined in IC 6-7-2-2.As added by P.L.160-2005, SEC.5.
IN Code § 24-3-5-2 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 3. Tobacco Products|Chapter 5. Delivery Sales of Tobacco Products|24-3-5-2. "Merchant"

Sec. 2. As used in this chapter, "merchant" means a person or an entity that engages in the selling of tobacco products by delivery sale.As added by P.L.253-2003, SEC.1.
IN Code § 24-3-5-3 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 3. Tobacco Products|Chapter 5. Delivery Sales of Tobacco Products|24-3-5-3. "Tobacco Product"

Sec. 3. As used in this chapter, "tobacco product" has the meaning set forth in IC 7.1-6-1-3. However, the term does not include a cigar or pipe tobacco.As added by P.L.253-2003, SEC.1. Amended by P.L.160-2005, SEC.6.
IN Code § 24-3-5-4 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 3. Tobacco Products|Chapter 5. Delivery Sales of Tobacco Products|24-3-5-4. Requirements

Sec. 4. Subject to section 4.5 of this chapter, a merchant may not mail or ship cigarettes as part of a delivery sale unless, before mailing or shipping the cigarettes, the merchant:(1) obtains from the prospective customer a written statement signed by the prospective customer under penalty of perjury:(A) providing the prospective customer's address and date of birth;(B) advising the prospective customer that:(i) signing another person's name to the statement required under this subdivision may subject the person to a civil monetary penalty of not more than one thousand dollars ($1,000); and(ii) purchasing cigarettes by a person less than twenty-one (21) years of age is a Class C infraction under IC 35-46-1-10.5;(C) confirming that the cigarette order was placed by the prospective customer;(D) providing a warning under 15 U.S.C. 1333(a)(1); and(E) stating the sale of cigarettes by delivery sale is a taxable event for purposes of IC 6-7-1;(2) makes a good faith effort to verify the information in the written statement obtained under subdivision (1) by using a federal or commercially available data base; and(3) receives payment for the delivery sale by a credit or debit card issued in the name of the prospective purchaser.As added by P.L.253-2003, SEC.1. Amended by P.L.160-2005, SEC.7; P.L.49-2020, SEC.22.
IN Code § 24-3-5-4.5 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 3. Tobacco Products|Chapter 5. Delivery Sales of Tobacco Products|24-3-5-4.5. Delivery Sale by Merchant; Penalties

Sec. 4.5. (a) This section applies to a merchant that is not a cigarette manufacturer.(b) Except as provided in subsection (d), a merchant may not mail or ship cigarettes as part of a delivery sale to an Indiana resident or retailer (as defined in IC 24-3-2-2(d)) that is not a distributor.(c) If the commission determines that a merchant has violated subsection (b):(1) a distributor may not accept a shipment of cigarettes from the merchant for a period, not to exceed one (1) year, determined by the commission; and(2) the commission may impose a civil penalty, not to exceed five thousand dollars ($5,000), on the merchant for each violation of subsection (b), as determined by the commission.(d) A merchant may make a drop shipment of tobacco products to an Indiana resident or retailer that is billed through a distributor.As added by P.L.160-2005, SEC.8.
IN Code § 24-3-5-5 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 3. Tobacco Products|Chapter 5. Delivery Sales of Tobacco Products|24-3-5-5. Mailing or Shipping Tobacco Products; Requirements; Penalties

     Note: This version of section effective until 1-1-2022. See also following version of this section, effective 1-1-2022.Sec. 5. (a) A merchant who mails or ships cigarettes as part of a delivery sale shall:(1) use a mailing or shipping service that requires the customer or a person at least twenty-one (21) years of age who is designated by the customer to:(A) sign to accept delivery of the cigarettes; and(B) present a valid operator's license issued under IC 9-24-3 or an identification card issued under IC 9-24-16 if the customer or the customer's designee, in the opinion of the delivery agent or employee of the mailing or shipping service, appears to be less than thirty (30) years of age;(2) provide to the mailing or shipping service used under subdivision (1) proof of compliance with section 6(a) of this chapter; and(3) include the following statement in bold type or capital letters on an invoice or shipping document:INDIANA LAW PROHIBITS THE MAILING OR SHIPPING OF CIGARETTES TO A PERSON LESS THAN TWENTY-ONE (21) YEARS OF AGE AND REQUIRES PAYMENT OF ALL APPLICABLE TAXES.(b) The commission may impose a civil penalty of not more than one thousand dollars ($1,000) if a mailing or shipping service:(1) delivers cigarettes as part of a delivery sale without first receiving proof from the merchant of compliance with section 6(a) of this chapter; or(2) fails to obtain a signature and proof of identification of the customer or the customer's designee under subsection (a)(1).The commission shall deposit amounts collected under this subsection into the Richard D. Doyle youth tobacco education and enforcement fund established by IC 7.1-6-2-6.(c) The following apply to a merchant that mails or ships cigarettes as part of a delivery sale without using a third party service as required by subsection (a)(1):(1) The merchant shall require the customer or a person at least twenty-one (21) years of age who is designated by the customer to:(A) sign to accept delivery of the cigarettes; and(B) present a valid operator's license issued under IC 9-24-3 or identification card issued under IC 9-24-16 if the customer or the customer's designee, in the opinion of the merchant or the merchant's employee making the delivery, appears to be less than thirty (30) years of age.(2) The commission may impose a civil penalty of not more than one thousand dollars ($1,000) if the merchant:(A) delivers the cigarettes without first complying with section 6(a) of this chapter; or(B) fails to obtain a signature and proof of identification of the customer or the customer's designee under subdivision (1).The commission shall deposit amounts collected under this subdivision into the Richard D. Doyle youth tobacco education and enforcement fund established by IC 7.1-6-2-6.As added by P.L.253-2003, SEC.1. Amended by P.L.160-2005, SEC.9; P.L.49-2020, SEC.23.
IN Code § 24-3-5-5-b (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 3. Tobacco Products|Chapter 5. Delivery Sales of Tobacco Products|24-3-5-5-b. Mailing or Shipping Tobacco Products; Requirements; Penalties

     Note: This version of section effective 1-1-2022. See also preceding version of this section, effective until 1-1-2022.Sec. 5. (a) A merchant who mails or ships cigarettes as part of a delivery sale shall:(1) use a mailing or shipping service that requires the customer or a person at least twenty-one (21) years of age who is designated by the customer to:(A) sign to accept delivery of the cigarettes; and(B) present a valid driver's license issued under IC 9-24-3 or an identification card issued under IC 9-24-16 if the customer or the customer's designee, in the opinion of the delivery agent or employee of the mailing or shipping service, appears to be less than thirty (30) years of age;(2) provide to the mailing or shipping service used under subdivision (1) proof of compliance with section 6(a) of this chapter; and(3) include the following statement in bold type or capital letters on an invoice or shipping document:INDIANA LAW PROHIBITS THE MAILING OR SHIPPING OF CIGARETTES TO A PERSON LESS THAN TWENTY-ONE (21) YEARS OF AGE AND REQUIRES PAYMENT OF ALL APPLICABLE TAXES.(b) The commission may impose a civil penalty of not more than one thousand dollars ($1,000) if a mailing or shipping service:(1) delivers cigarettes as part of a delivery sale without first receiving proof from the merchant of compliance with section 6(a) of this chapter; or(2) fails to obtain a signature and proof of identification of the customer or the customer's designee under subsection (a)(1).The commission shall deposit amounts collected under this subsection into the Richard D. Doyle youth tobacco education and enforcement fund established by IC 7.1-6-2-6.(c) The following apply to a merchant that mails or ships cigarettes as part of a delivery sale without using a third party service as required by subsection (a)(1):(1) The merchant shall require the customer or a person at least twenty-one (21) years of age who is designated by the customer to:(A) sign to accept delivery of the cigarettes; and(B) present a valid driver's license issued under IC 9-24-3 or identification card issued under IC 9-24-16 if the customer or the customer's designee, in the opinion of the merchant or the merchant's employee making the delivery, appears to be less than thirty (30) years of age.(2) The commission may impose a civil penalty of not more than one thousand dollars ($1,000) if the merchant:(A) delivers the cigarettes without first complying with section 6(a) of this chapter; or(B) fails to obtain a signature and proof of identification of the customer or the customer's designee under subdivision (1).The commission shall deposit amounts collected under this subdivision into the Richard D. Doyle youth tobacco education and enforcement fund established by IC 7.1-6-2-6.As added by P.L.253-2003, SEC.1. Amended by P.L.160-2005, SEC.9; P.L.49-2020, SEC.23; P.L.111-2021, SEC.96.
IN Code § 24-3-5-6 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 3. Tobacco Products|Chapter 5. Delivery Sales of Tobacco Products|24-3-5-6. Filing With Department of State Revenue; Compliance

Sec. 6. (a) A merchant shall, before mailing or shipping cigarettes as part of a delivery sale, provide the department of state revenue with a written statement containing the merchant's name, address, principal place of business, and each place of business in Indiana.(b) A merchant who mails or ships cigarettes as part of a delivery sale shall, not later than the tenth day of the calendar month immediately following the month in which the delivery sale occurred, file with the department of state revenue a copy of the invoice for each delivery sale to a customer in Indiana. The invoice must include the following information:(1) The name and address of the customer to whom the cigarettes were delivered.(2) The brand name of the cigarettes that were delivered to the customer.(3) The quantity of cigarettes that were delivered to the customer.(c) A merchant who complies with 15 U.S.C. 376 for the delivery sale of cigarettes is considered to satisfy the requirements of this section.As added by P.L.253-2003, SEC.1. Amended by P.L.160-2005, SEC.10.
IN Code § 24-3-5-7 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 3. Tobacco Products|Chapter 5. Delivery Sales of Tobacco Products|24-3-5-7. Pay Taxes or Provide Notice; Penalties

Sec. 7. (a) A merchant who delivers cigarettes to a customer as part of a delivery sale shall:(1) collect and pay all applicable taxes under IC 6-7-1; or(2) place a legible and conspicuous notice on the outside of the container in which the cigarettes are shipped. The notice shall be placed on the same side of the container as the address to which the container is shipped and must state the following:"If these cigarettes have been shipped to you from a merchant located outside the state in which you reside, the merchant has under federal law reported information about the sale of these cigarettes, including your name and address, to your state tax collection agency. You are legally responsible for all applicable unpaid state taxes on these cigarettes.".(b) For a violation of this section the commission may impose, in addition to any other remedies, civil penalties as follows:(1) If the person has one (1) judgment for a violation of this section committed during a five (5) year period, a civil penalty of at least one thousand dollars ($1,000) but not more than two thousand dollars ($2,000).(2) If the person has two (2) unrelated judgments for violations of this section committed during a five (5) year period, a civil penalty of at least two thousand five hundred dollars ($2,500) but not more than three thousand five hundred dollars ($3,500).(3) If the person has three (3) unrelated judgments for violations of this section committed during a five (5) year period, a civil penalty of at least four thousand dollars ($4,000) but not more than five thousand dollars ($5,000).(4) If the person has four (4) unrelated judgments for violations of this section committed during a five (5) year period, a civil penalty of at least five thousand five hundred dollars ($5,500) but not more than six thousand five hundred dollars ($6,500).(5) If the person has at least five (5) unrelated judgments for violations of this section committed during a five (5) year period, a civil penalty of ten thousand dollars ($10,000).As added by P.L.253-2003, SEC.1. Amended by P.L.97-2004, SEC.87; P.L.160-2005, SEC.11.
IN Code § 24-3-5-8 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 3. Tobacco Products|Chapter 5. Delivery Sales of Tobacco Products|24-3-5-8. Civil Penalties

Sec. 8. The commission may impose a civil penalty of not more one thousand dollars ($1,000) on a:(1) customer who signs another person's name to a statement required under section 4(1) of this chapter; or(2) merchant who sells cigarettes by delivery sale to a person less than twenty-one (21) years of age.The commission shall deposit amounts collected under this section into the Richard D. Doyle youth tobacco education and enforcement fund established by IC 7.1-6-2-6.As added by P.L.253-2003, SEC.1. Amended by P.L.160-2005, SEC.12; P.L.49-2020, SEC.24.
IN Code § 24-3-5.4-1 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 3. Tobacco Products|Chapter 5.4. Master Settlement Agreement Protection Act|24-3-5.4-1. "Brand Family"

Sec. 1. As used in this chapter, "brand family" means cigarettes that are:(1) sold under the same trademark; and(2) differentiated from one another by means of modifiers such as menthol, lights, kings, or 100s.The term includes the use of a brand name, trademark, logo, symbol, motto, selling message, recognizable pattern of colors, or other indicia of product identification that is identical or similar to or identifiable with a previously known brand of cigarettes.As added by P.L.252-2003, SEC.16.
IN Code § 24-3-5.4-2 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 3. Tobacco Products|Chapter 5.4. Master Settlement Agreement Protection Act|24-3-5.4-2. "Cigarette"

Sec. 2. As used in this chapter, "cigarette" has the meaning set forth in IC 24-3-3-5.As added by P.L.252-2003, SEC.16.
IN Code § 24-3-5.4-3 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 3. Tobacco Products|Chapter 5.4. Master Settlement Agreement Protection Act|24-3-5.4-3. "Commission"

Sec. 3. As used in this chapter, "commission" means the alcohol and tobacco commission created by IC 7.1-2-1-1.As added by P.L.252-2003, SEC.16.
IN Code § 24-3-5.4-4 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 3. Tobacco Products|Chapter 5.4. Master Settlement Agreement Protection Act|24-3-5.4-4. "Department"

Sec. 4. As used in this chapter, "department" means the department of state revenue.As added by P.L.252-2003, SEC.16.
IN Code § 24-3-5.4-5 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 3. Tobacco Products|Chapter 5.4. Master Settlement Agreement Protection Act|24-3-5.4-5. "Distributor"

Sec. 5. As used in this chapter, "distributor" means a person that:(1) purchases cigarettes on which the tax under IC 6-7-1 is not paid; and(2) stores, sells, or otherwise disposes of the cigarettes.As added by P.L.252-2003, SEC.16.
IN Code § 24-3-5.4-5.5 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 3. Tobacco Products|Chapter 5.4. Master Settlement Agreement Protection Act|24-3-5.4-5.5. "Importer"

Sec. 5.5. As used in this chapter, "importer" means a person that imports, other than for personal consumption, one (1) or more brand families of a nonparticipating manufacturer.As added by P.L.24-2010, SEC.1.
IN Code § 24-3-5.4-6 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 3. Tobacco Products|Chapter 5.4. Master Settlement Agreement Protection Act|24-3-5.4-6. "Master Settlement Agreement"

Sec. 6. As used in this chapter, "master settlement agreement" has the meaning set forth in IC 24-3-3-6.As added by P.L.252-2003, SEC.16.
IN Code § 24-3-5.4-6.5 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 3. Tobacco Products|Chapter 5.4. Master Settlement Agreement Protection Act|24-3-5.4-6.5. "Newly Qualified Nonparticipating Manufacturer"

Sec. 6.5. As used in this chapter, "newly qualified nonparticipating manufacturer" means a nonparticipating manufacturer:(1) that has filed a certification under section 13 of this chapter; and(2) whose brand families are not listed in a directory under section 14 of this chapter.As added by P.L.24-2010, SEC.2.
IN Code § 24-3-5.4-7 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 3. Tobacco Products|Chapter 5.4. Master Settlement Agreement Protection Act|24-3-5.4-7. "Nonparticipating Manufacturer"

Sec. 7. As used in this chapter, "nonparticipating manufacturer" means a tobacco product manufacturer that is not a participating manufacturer.As added by P.L.252-2003, SEC.16.
IN Code § 24-3-5.4-8 (2021)
2021 Indiana Code|Title 24. Trade Regulation|Article 3. Tobacco Products|Chapter 5.4. Master Settlement Agreement Protection Act|24-3-5.4-8. "Participating Manufacturer"

Sec. 8. As used in this chapter, "participating manufacturer" has the meaning set forth in IC 24-3-3-12(1).As added by P.L.252-2003, SEC.16.