reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Indiana Code › Title 24. Trade Regulation › Article 3. Tobacco Products › Chapter 5.4. Master Settlement Agreement Protection Act › 24-3-5.4-9. "Qualified Escrow Fund"

Sec. 9. As used in this chapter, "qualified escrow fund" has the meaning set forth in IC 24-3-3-7.
As added by P.L.252-2003, SEC.16.
2023 Indiana Code › Title 24. Trade Regulation › Article 3. Tobacco Products › Chapter 5.4. Master Settlement Agreement Protection Act › 24-3-5.4-10. "Stamping Agent"

Sec. 10. As used in this chapter, "stamping agent" means a person that may affix a stamp to a package of cigarettes under IC 6-7-1-15.
As added by P.L.252-2003, SEC.16.
2023 Indiana Code › Title 24. Trade Regulation › Article 3. Tobacco Products › Chapter 5.4. Master Settlement Agreement Protection Act › 24-3-5.4-11. "Tobacco Product Manufacturer"

Sec. 11. As used in this chapter, "tobacco product manufacturer" has the meaning set forth in IC 24-3-3-10.
As added by P.L.252-2003, SEC.16.
2023 Indiana Code › Title 24. Trade Regulation › Article 3. Tobacco Products › Chapter 5.4. Master Settlement Agreement Protection Act › 24-3-5.4-13.5. Importers Required to Provide Information to the Attorney General

Sec. 13.5. (a) This section applies to a nonparticipating manufacturer whose principal place of business is located outside the United States.
(b) Each year, a nonparticipating manufacturer shall provide to the attorney general a declaration from each of the nonparticipating manufacturer's importers that does the following:
(1) States that the importer assumes joint and several liability with the nonparticipating manufacturer for the following payments, penalties, costs, and fees with respect to the importer:
(A) Any escrow payments required under IC 24-3-3-12(2) for deposit in a qualified escrow fund.
(B) Any penalties assessed against the nonparticipating manufacturer under IC 24-3-3 or this chapter.
(C) Payment of all costs and fees recovered by the state against the nonparticipating manufacturer under section 28 of this chapter.
(2) Appoints a registered agent for service of process for the importer and provides notice in accordance with section 16 of this chapter.
The attorney general shall prescribe the form of a declaration under this subsection, including dates for filing the declaration.
As added by P.L.24-2010, SEC.4.
2023 Indiana Code › Title 24. Trade Regulation › Article 3. Tobacco Products › Chapter 5.4. Master Settlement Agreement Protection Act › 24-3-5.4-15. Stamping, Sale, or Importation of Unlisted Cigarettes Prohibited

Sec. 15. A person may not:
(1) affix a stamp to a package or other container of cigarettes; or
(2) sell, offer or possess for sale, or import for personal consumption in Indiana cigarettes;
of a tobacco product manufacturer or brand family that is not listed in a directory under section 14 of this chapter.
As added by P.L.252-2003, SEC.16. Amended by P.L.160-2005, SEC.13.
2023 Indiana Code › Title 24. Trade Regulation › Article 3. Tobacco Products › Chapter 5.4. Master Settlement Agreement Protection Act › 24-3-5.4-16. Appointment of Agent by Foreign Nonparticipating Manufacturer; Termination of Agency

Sec. 16. (a) A foreign nonparticipating manufacturer that has not registered to do business in Indiana shall, as a condition precedent to having the foreign nonparticipating manufacturer's brand families listed in a directory under section 14 of this chapter, appoint and engage without interruption the services of an agent in Indiana to act as the foreign nonparticipating manufacturer's agent for the service of process. Service on an agent under this section constitutes legal and valid service of process on the foreign nonparticipating manufacturer that appointed and engaged the services of the agent. The foreign nonparticipating manufacturer shall provide the following information to the department and the attorney general:
(1) The name, address, and telephone number of the agent.
(2) Proof of the appointment of the agent.
(3) The availability of the agent.
(4) Any other information required by the department or the attorney general.
(b) A foreign nonparticipating manufacturer shall provide notice to the department and the attorney general not less than thirty (30) days before the foreign nonparticipating manufacturer terminates the authority of an agent appointed under this section. The foreign nonparticipating manufacturer shall provide proof to the satisfaction of the attorney general of the appointment of a new agent not less than five (5) days before the foreign nonparticipating manufacturer terminates an existing agency appointment.
(c) If an agent terminates an agency appointment, the foreign nonparticipating manufacturer shall:
(1) notify the department and the attorney general of the termination not more than five (5) days after the termination; and
(2) provide proof to the satisfaction of the attorney general of the appointment of a new agent.
(d) A foreign nonparticipating manufacturer that:
(1) sells products in Indiana; and
(2) has not appointed an agent under this section;
is considered to have appointed the secretary of state as the foreign nonparticipating manufacturer's agent. The appointment of the secretary of state under this subsection as the foreign nonparticipating manufacturer's agent does not satisfy the condition precedent to having the foreign nonparticipating manufacturer's brand families listed in a directory under section 14 of this chapter.
As added by P.L.252-2003, SEC.16.
2023 Indiana Code › Title 24. Trade Regulation › Article 3. Tobacco Products › Chapter 5.4. Master Settlement Agreement Protection Act › 24-3-5.4-17. Distributor or Stamping Agent Required to Send Information to Department, Commission, and Attorney General

Sec. 17. (a) This section applies after July 31, 2003.
(b) Not later than January 20, April 20, July 20, and October 20 of a calendar year, or more frequently if ordered by the department, the commission, or the attorney general, a distributor or stamping agent shall submit the following information to the department, the commission, and the attorney general:
(1) A list by brand family of the total number of cigarettes for which the distributor or stamping agent affixed stamps or otherwise paid taxes during the immediately preceding three (3) months.
(2) Any other information required by the department or the attorney general.
The distributor or stamping agent shall maintain and make available to the department, the commission, and the attorney general for a period of five (5) years all invoices and documentation of sales of all nonparticipating manufacturer cigarettes and any other information that the distributor or stamping agent relied on in reporting to the department, the commission, and the attorney general.
(c) The attorney general may require a distributor or a tobacco product manufacturer to submit additional information to determine whether a tobacco product manufacturer is in compliance with this chapter. The additional information may include samples of the packaging or labeling of each of the tobacco product manufacturer's brand families.
As added by P.L.252-2003, SEC.16. Amended by P.L.160-2005, SEC.14.
2023 Indiana Code › Title 24. Trade Regulation › Article 3. Tobacco Products › Chapter 5.4. Master Settlement Agreement Protection Act › 24-3-5.4-18. Disclosure of Information Received

Sec. 18. (a) The department and the commission shall disclose to the attorney general any information received under this chapter and requested by the attorney general for purposes of determining compliance with and enforcing this chapter. The department, the commission, and the attorney general:
(1) shall share with each other the information received under this chapter; and
(2) may share the information received under this chapter with other federal, state, or local agencies only for purposes of enforcing this chapter or a corresponding law in another state.
(b) Notwithstanding any other law:
(1) the department, the commission, or the attorney general may provide information received under section 17 of this chapter to a court, an arbitrator, or a data clearinghouse or similar entity:
(A) for the purposes of making calculations required by the master settlement agreement and related settlement agreements; and
(B) with counsel for the parties;
upon the execution of a protective order approved by the attorney general; and
(2) any tobacco sales data provided from an outside party and received under the master settlement agreement must be treated as confidential under IC 5-14-3-4(a)(4) and IC 5-14-3-4(a)(5).
As added by P.L.252-2003, SEC.16. Amended by P.L.231-2015, SEC.12.
2023 Indiana Code › Title 24. Trade Regulation › Article 3. Tobacco Products › Chapter 5.4. Master Settlement Agreement Protection Act › 24-3-5.4-19. Proof of Qualified Escrow Fund by Nonparticipating Manufacturer

Sec. 19. The attorney general may require a nonparticipating manufacturer to provide from the financial institution that holds the nonparticipating manufacturer's qualified escrow fund for purposes of complying with this chapter proof of:
(1) the amount of money in the qualified escrow fund being held on behalf of the state;
(2) the dates of any deposits into the qualified escrow fund; and
(3) the dates and amounts of any withdrawals from the qualified escrow fund.
As added by P.L.252-2003, SEC.16.
2023 Indiana Code › Title 24. Trade Regulation › Article 3. Tobacco Products › Chapter 5.4. Master Settlement Agreement Protection Act › 24-3-5.4-20. Rules

Sec. 20. The department or the attorney general may adopt rules under IC 4-22-2 to implement this chapter, including rules to:
(1) require a tobacco product manufacturer subject to section 13(c) of this chapter to make required escrow deposits in installments during the calendar year in which the sales covered by the deposits are made; or
(2) produce information sufficient to enable the attorney general to determine the adequacy of the amount of an installment deposit described in subdivision (1).
As added by P.L.252-2003, SEC.16.
2023 Indiana Code › Title 24. Trade Regulation › Article 3. Tobacco Products › Chapter 5.4. Master Settlement Agreement Protection Act › 24-3-5.4-21. Revocation of Suspension of Distributor's License; Penalty

Sec. 21. (a) This section applies in addition to or instead of any other civil or criminal penalty.
(b) The department may revoke or suspend the license of a distributor, a stamping agent, or any other person that violates section 15 of this chapter.
(c) Each:
(1) stamp affixed;
(2) sale of cigarettes; or
(3) offer or possession of cigarettes for sale;
in violation of section 15 of this chapter constitutes a separate violation.
(d) The department or the commission may impose a civil penalty that does not exceed the greater of:
(1) five hundred percent (500%) of the retail value of the cigarettes sold; or
(2) five thousand dollars ($5,000);
for each violation of section 15 of this chapter.
As added by P.L.252-2003, SEC.16.
2023 Indiana Code › Title 24. Trade Regulation › Article 3. Tobacco Products › Chapter 5.4. Master Settlement Agreement Protection Act › 24-3-5.4-22. Seizure and Forfeiture of Unlisted Cigarettes

Sec. 22. Whenever the department or the commission discovers any cigarettes that have been sold, offered for sale, or possessed for sale in Indiana in violation of section 15 of this chapter, the department or the commission may seize and take possession of the cigarettes. The seized cigarettes shall be forfeited to the state. The department or the commission shall destroy the seized cigarettes.
As added by P.L.252-2003, SEC.16.
2023 Indiana Code › Title 24. Trade Regulation › Article 3. Tobacco Products › Chapter 5.4. Master Settlement Agreement Protection Act › 24-3-5.4-23. Injunction

Sec. 23. The attorney general may seek an injunction to:
(1) restrain a threatened or an actual violation of section 15 of this chapter by a stamping agent; and
(2) compel the stamping agent to comply with sections 15, 17(b), and 17(c) of this chapter.
As added by P.L.252-2003, SEC.16.
2023 Indiana Code › Title 24. Trade Regulation › Article 3. Tobacco Products › Chapter 5.4. Master Settlement Agreement Protection Act › 24-3-5.4-24. Violation; Infraction or Class C Misdemeanor

Sec. 24. (a) A person shall not:
(1) sell or distribute; or
(2) acquire, hold, own, possess, transport, import, or cause to be imported;
cigarettes that the person knows or should know are intended for distribution or sale in Indiana in violation of section 15 of this chapter.
(b) A person who violates this section commits a Class C infraction. However, the violation is a Class C misdemeanor if it is committed knowingly or intentionally and the person has a prior unrelated adjudication or conviction for a violation of this section within the previous five (5) years.
As added by P.L.252-2003, SEC.16. Amended by P.L.32-2019, SEC.21.
2023 Indiana Code › Title 24. Trade Regulation › Article 3. Tobacco Products › Chapter 5.4. Master Settlement Agreement Protection Act › 24-3-5.4-25. Unfair and Deceptive Business Practice

Sec. 25. A person who violates section 15 of this chapter engages in an unfair and deceptive business practice.
As added by P.L.252-2003, SEC.16.
2023 Indiana Code › Title 24. Trade Regulation › Article 3. Tobacco Products › Chapter 5.4. Master Settlement Agreement Protection Act › 24-3-5.4-26. Judicial Review

Sec. 26. A determination by the attorney general to not list in or to remove from a directory under section 14 of this chapter a brand family or a tobacco product manufacturer is subject to review only by the Marion County circuit court.
As added by P.L.252-2003, SEC.16.
2023 Indiana Code › Title 24. Trade Regulation › Article 3. Tobacco Products › Chapter 5.4. Master Settlement Agreement Protection Act › 24-3-5.4-27. Issuance of Registration Certificate

Sec. 27. The department shall not issue a registration certificate under IC 6-7-1-16(a) to a distributor unless the distributor certifies in writing that the distributor will comply with this chapter.
As added by P.L.252-2003, SEC.16.
2023 Indiana Code › Title 24. Trade Regulation › Article 3. Tobacco Products › Chapter 5.4. Master Settlement Agreement Protection Act › 24-3-5.4-28. Recovery of Costs

Sec. 28. In an action brought by the state to enforce this chapter, the state may recover:
(1) the costs of investigation;
(2) expert witness fees;
(3) the costs of the action; and
(4) attorney's fees.
As added by P.L.252-2003, SEC.16.
2023 Indiana Code › Title 24. Trade Regulation › Article 3. Tobacco Products › Chapter 5.4. Master Settlement Agreement Protection Act › 24-3-5.4-29. Disgorged Profits

Sec. 29. If a court determines that a person has violated this chapter, the court shall order any profits, gain, gross receipts, or other benefit from the violation to be disgorged and paid to the treasurer of state for deposit in the Indiana tobacco master settlement agreement fund under IC 4-12-1-14.3.
As added by P.L.252-2003, SEC.16.
2023 Indiana Code › Title 24. Trade Regulation › Article 3. Tobacco Products › Chapter 5.4. Master Settlement Agreement Protection Act › 24-3-5.4-30. Penalties Deposited in Enforcement and Administration Fund

Sec. 30. All:
(1) civil penalties imposed under; and
(2) judgments for violations of;
this chapter shall be deposited in the enforcement and administration fund established under IC 7.1-4-10-1.
As added by P.L.252-2003, SEC.16.
2023 Indiana Code › Title 24. Trade Regulation › Article 3. Tobacco Products › Chapter 6. Contraband Cigarettes › 24-3-6-2. "Distributor"

Sec. 2. As used in this chapter, "distributor" means a distributor (as defined in IC 6-7-1-6) that holds a registration certificate issued under IC 6-7-1-16.
As added by P.L.160-2005, SEC.15.
2023 Indiana Code › Title 24. Trade Regulation › Article 3. Tobacco Products › Chapter 6. Contraband Cigarettes › 24-3-6-9. Licenses; Application, Issuance, and Renewal; Revocation or Suspension

Sec. 9. (a) The commission may issue or renew a license to the following applicants:
(1) An importer.
(2) A manufacturer.
The commission shall prescribe the form of an application.
(b) An importer or manufacturer that conducts business in Indiana must apply under this section for a license for the importer's or manufacturer's principal place of business. An importer or manufacturer that is issued a license shall display the license at the importer's or manufacturer's principal place of business.
(c) The commission shall prescribe the form and duration of a license issued under this section. However, a license may not be valid for more than three (3) years from the date of issuance.
(d) A license issued under this section is nontransferable.
(e) The commission shall not issue or renew a license under this section if:
(1) the applicant owes at least five hundred dollars ($500) in taxes imposed under IC 6-7-1-12;
(2) the commission revoked the applicant's license within two (2) years before the application;
(3) the applicant commits an offense under IC 6-7-1-21;
(4) the applicant does not comply with IC 24-3-3-12; or
(5) the applicant violates IC 24-3-4.
(f) The commission may revoke or suspend a license issued under this section if the applicant:
(1) is not eligible to receive or renew a license under subsection (e); or
(2) violates this chapter.
As added by P.L.160-2005, SEC.15.
2023 Indiana Code › Title 24. Trade Regulation › Article 3. Tobacco Products › Chapter 6. Contraband Cigarettes › 24-3-6-10. Stamped and Unstamped Cigarettes

Sec. 10. (a) A distributor may apply a stamp only to cigarettes that are received from a licensed importer or licensed manufacturer.
(b) A distributor shall store stamped and unstamped cigarettes separately.
(c) A distributor may transfer unstamped cigarettes only as provided in IC 6-7-1-18.
As added by P.L.160-2005, SEC.15.
2023 Indiana Code › Title 24. Trade Regulation › Article 3. Tobacco Products › Chapter 6. Contraband Cigarettes › 24-3-6-11. Selling or Obtaining Cigarettes

Sec. 11. (a) A manufacturer or an importer may sell cigarettes in Indiana only to a distributor or a licensed importer.
(b) A manufacturer that sells cigarettes to a licensed importer under subsection (a) must be a licensed manufacturer.
(c) A distributor may sell cigarettes only to a distributor or a retailer.
(d) A distributor may obtain cigarettes only from another distributor, a licensed importer, or a licensed manufacturer.
(e) Except as provided in subsection (f), a retailer may obtain cigarettes only from a distributor.
(f) A retailer that is a holder of a certificate issued under IC 7.1-3-18.5 may purchase up to one thousand dollars ($1,000) of cigarettes per week from another retailer that holds a certificate issued under IC 7.1-3-18.5.
As added by P.L.160-2005, SEC.15.
2023 Indiana Code › Title 24. Trade Regulation › Article 3. Tobacco Products › Chapter 6. Contraband Cigarettes › 24-3-6-12. Reporting Information by Distributor to Attorney General

Sec. 12. (a) This section does not apply to a distributor who:
(1) is a licensed manufacturer; and
(2) complies with section 13 of this chapter.
(b) A distributor shall report the following information for each place of business belonging to the distributor to the office of the attorney general not later than the fifteenth day of each month:
(1) The number and brand of cigarettes:
(A) distributed;
(B) shipped into Indiana; or
(C) shipped within Indiana;
during the immediately preceding month.
(2) The name and address of each person to which cigarettes described in subdivision (1) were distributed or shipped.
As added by P.L.160-2005, SEC.15.
2023 Indiana Code › Title 24. Trade Regulation › Article 3. Tobacco Products › Chapter 6. Contraband Cigarettes › 24-3-6-12.3. Distributor Reports Under Section 12 of Chapter; When Required

Sec. 12.3. Notwithstanding section 12(b)(2) of this chapter, as added by P.L.160-2005, a distributor is not required to report the information required in section 12(b)(2) of this chapter, as added by P.L.160-2005, until the later of the following:
(1) When the attorney general becomes capable of receiving the information reported in an electronic format.
(2) July 1, 2008.
As added by P.L.220-2011, SEC.386.
2023 Indiana Code › Title 24. Trade Regulation › Article 3. Tobacco Products › Chapter 6. Contraband Cigarettes › 24-3-6-13. Documentation of Transactions; Preservation; Review

Sec. 13. (a) An importer or a manufacturer shall maintain documentation for each place of business belonging to the importer or manufacturer for each transaction other than a retail transaction with a consumer involving the sale, purchase, transfer, consignment, or receipt of cigarettes. The documentation must include:
(1) the name and address of the parties to the transaction; and
(2) the quantity by brand style of cigarettes involved in the transaction.
(b) Subject to subsection (c), an importer or a manufacturer shall preserve documentation described in subsection (a) at the place of business at which each transaction occurs.
(c) The commission may allow an importer or a manufacturer with multiple places of business to preserve documentation described in subsection (a) at a centralized location. However, the importer or manufacturer shall provide duplicate documentation at each place of business upon request by the commission.
(d) An importer or a manufacturer shall maintain documentation under this section for five (5) years from the date of the transaction.
(e) The commission may:
(1) obtain access to; and
(2) inspect at reasonable times;
the documentation maintained under this section. The commission may share the documentation with other law enforcement officials.
As added by P.L.160-2005, SEC.15.
2023 Indiana Code › Title 24. Trade Regulation › Article 3. Tobacco Products › Chapter 6. Contraband Cigarettes › 24-3-6-14. Inspection by Commission or Law Enforcement Officer

Sec. 14. (a) The commission may enter and inspect, without a warrant during normal business hours or with a warrant during nonbusiness hours, the facilities and records of an importer or a manufacturer.
(b) If the commission or a law enforcement officer has knowledge or reasonable grounds to believe that a vehicle is transporting cigarettes in violation of this chapter, the commission or the law enforcement officer may stop and inspect the vehicle for cigarettes being transported in violation of this chapter.
As added by P.L.160-2005, SEC.15.
2023 Indiana Code › Title 24. Trade Regulation › Article 3. Tobacco Products › Chapter 6. Contraband Cigarettes › 24-3-6-15. Civil Penalty

Sec. 15. (a) A person who violates this chapter is liable for a civil penalty equal to the greater of:
(1) five (5) times the value of the cigarettes involved in the violation; or
(2) one thousand dollars ($1,000).
(b) A civil penalty under this section is in addition to any other penalty imposed.
As added by P.L.160-2005, SEC.15.
2023 Indiana Code › Title 24. Trade Regulation › Article 3. Tobacco Products › Chapter 6. Contraband Cigarettes › 24-3-6-16. Right of Action; Notice to Attorney General

Sec. 16. (a) Either or both of the following may bring an action to prevent or restrain violations of this chapter:
(1) The attorney general or the attorney general's designee.
(2) A person that holds a valid permit under 26 U.S.C. 5712.
(b) A person that brings an action under subsection (a) shall provide notice to the attorney general of the commencement of the action.
As added by P.L.160-2005, SEC.15.
2023 Indiana Code › Title 24. Trade Regulation › Article 3. Tobacco Products › Chapter 7. Nicotine Liquid Container Packaging › 24-3-7-1. Application of Chapter

Sec. 1. This chapter does not apply to any product that:
(1) has been approved or certified by the United States Food and Drug Administration for sale:
(A) as a tobacco cessation product;
(B) as a tobacco dependence product; or
(C) for another medical purpose; and
(2) is marketed and sold for an approved purpose referred to in subdivision (1)(A) through (1)(C).
As added by P.L.231-2015, SEC.13.
2023 Indiana Code › Title 24. Trade Regulation › Article 3. Tobacco Products › Chapter 7. Nicotine Liquid Container Packaging › 24-3-7-2. "Child Resistant Packaging"

Sec. 2. As used in this chapter, "child resistant packaging" means packaging that:
(1) is designed or constructed so that it is significantly difficult for children less than five (5) years of age to:
(A) open the package; or
(B) obtain a toxic or harmful amount of substance from within the package;
within a reasonable time; but
(2) is not difficult for adults to use properly.
As added by P.L.231-2015, SEC.13.
2023 Indiana Code › Title 24. Trade Regulation › Article 3. Tobacco Products › Chapter 7. Nicotine Liquid Container Packaging › 24-3-7-3. "Commission"

Sec. 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.231-2015, SEC.13.
2023 Indiana Code › Title 24. Trade Regulation › Article 3. Tobacco Products › Chapter 7. Nicotine Liquid Container Packaging › 24-3-7-4. "Electronic Cigarette"

Sec. 4. As used in this chapter, "electronic cigarette" means a device that is capable of providing an inhalable dose of nicotine by delivering a vaporized solution. The term includes the components and cartridges of an electronic cigarette.
As added by P.L.231-2015, SEC.13.
2023 Indiana Code › Title 24. Trade Regulation › Article 3. Tobacco Products › Chapter 7. Nicotine Liquid Container Packaging › 24-3-7-5. "Electronic Delivery Device"

Sec. 5. (a) As used in this chapter, "electronic delivery device" means any product that:
(1) contains or delivers nicotine, lobelia, or any other substance intended for human consumption; and
(2) can be used by a person to simulate smoking in the delivery of nicotine, lobelia, or any other substance through inhalation of vapor from the product.
(b) The term includes any component part of a product described in subsection (a), whether or not the component part is marketed or sold separately.
As added by P.L.231-2015, SEC.13.
2023 Indiana Code › Title 24. Trade Regulation › Article 3. Tobacco Products › Chapter 7. Nicotine Liquid Container Packaging › 24-3-7-6. "Nicotine Liquid Container"

Sec. 6. (a) As used in this chapter, "nicotine liquid container" means a bottle or other container that:
(1) contains a nicotine liquid or another substance containing nicotine; and
(2) is sold, marketed, or intended for use with an electronic cigarette or other electronic delivery device.
(b) The term does not include a container containing nicotine in a cartridge that is sold, marketed, or intended for use with an electronic cigarette if the cartridge:
(1) is prefilled and sealed by the manufacturer; and
(2) is not intended to be opened by the consumer.
As added by P.L.231-2015, SEC.13.
2023 Indiana Code › Title 24. Trade Regulation › Article 3. Tobacco Products › Chapter 7. Nicotine Liquid Container Packaging › 24-3-7-7. Liquid and Gel Nicotine Substances Required to Be Contained in Child Resistant Packaging

Sec. 7. A person may not manufacture, sell, or distribute:
(1) a liquid or gel substance containing nicotine; or
(2) a nicotine liquid container;
unless the product is contained in child resistant packaging.
As added by P.L.231-2015, SEC.13.
2023 Indiana Code › Title 24. Trade Regulation › Article 3. Tobacco Products › Chapter 7. Nicotine Liquid Container Packaging › 24-3-7-8. Seizure of Products; Penalties

Sec. 8. (a) If the commission discovers any product sold or distributed in violation of this chapter, the commission may seize and take possession of the product. The commission shall destroy products seized under this subsection.
(b) The commission may impose a civil penalty on any person who sells or distributes a product in violation of this chapter. However, the civil penalty may not exceed the greater of:
(1) five hundred percent (500%) of the retail value of the product sold or distributed in violation of this chapter; or
(2) five thousand dollars ($5,000).
As added by P.L.231-2015, SEC.13.
2023 Indiana Code › Title 24. Trade Regulation › Article 4. Regulated Businesses › Chapter 1. Dairy Products › 24-4-1-1. Discrimination; Violation

Sec. 1. A person engaged in the purchasing, manufacture, or distribution of milk or milk products who, for the purpose of destroying the business of a competitor in any locality and creating or maintaining a monopoly, discriminates between different sections, communities, or cities of this state by buying or selling milk or milk products at a lower rate in one section, community, or city than is paid or charged in another section, community, or city after equalizing the distance from the point of production, if a raw product, or from the point of manufacture, if a manufactured product, the actual cost of transportation, and making allowance for differences in quality, commits a Class B misdemeanor.
Formerly: Acts 1913, c.117, s.1. As amended by Acts 1978, P.L.2, SEC.2409.
2023 Indiana Code › Title 24. Trade Regulation › Article 4. Regulated Businesses › Chapter 1. Dairy Products › 24-4-1-3. Void Contracts and Agreements

Sec. 3. All contracts and agreements made in violation of any provisions of section 1 of this chapter shall be void.
Formerly: Acts 1913, c.117, s.3. As amended by P.L.152-1986, SEC.44.
2023 Indiana Code › Title 24. Trade Regulation › Article 4. Regulated Businesses › Chapter 1. Dairy Products › 24-4-1-4. Duty of Prosecuting Attorney and Attorney General

Sec. 4. It shall be the duty of the prosecuting attorneys, in their counties, and the attorney general to enforce the provisions of sections 1 and 3 of this chapter by appropriate actions in courts of competent jurisdiction.
Formerly: Acts 1913, c.117, s.4. As amended by P.L.152-1986, SEC.45.
2023 Indiana Code › Title 24. Trade Regulation › Article 4. Regulated Businesses › Chapter 1. Dairy Products › 24-4-1-5. Duty of Secretary of State

Sec. 5. If complaint shall be made to the secretary of state that any corporation authorized to do business in this state is guilty of unfair discrimination within the terms of this chapter, it shall be the duty of the secretary of state to refer the matter to the attorney general, who may, if the facts justify it in his judgment, institute proceedings in the court against such corporations.
Formerly: Acts 1913, c.117, s.5. As amended by P.L.152-1986, SEC.46.
2023 Indiana Code › Title 24. Trade Regulation › Article 4. Regulated Businesses › Chapter 1. Dairy Products › 24-4-1-6. Revocation of Corporate Permit

Sec. 6. If any corporation, foreign or domestic, authorized to do business in this state is found guilty of unfair discrimination within the terms of this chapter, it shall be the duty of the secretary of state to immediately revoke the permit of such corporation to do business in this state.
Formerly: Acts 1913, c.117, s.6. As amended by P.L.152-1986, SEC.47.
2023 Indiana Code › Title 24. Trade Regulation › Article 4. Regulated Businesses › Chapter 2. Trade Stamps › 24-4-2-1. Stamps; Redeemable in Lawful Money

Sec. 1. No person shall sell or issue to any person in this state any stamps, trading stamps, cash discount stamps, checks, ticket, coupon, or other similar devise which will entitle the holder thereof, on presentation thereof, either singly or in definite number, or receive, either directly from the vendor or indirectly through any other person, money or goods, wares or merchandise, unless each of said stamps, trading stamps, cash discount stamps, checks, tickets, coupons, or other similar devices shall have legibly printed or written on the face thereof the redeemable value thereof in lawful money of the United States.
Formerly: Acts 1913, c.299, s.1; Acts 1921, c.109, s.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 4. Regulated Businesses › Chapter 2. Trade Stamps › 24-4-2-2. Redemption in Lawful Money by Seller or Issuer; Minimum Redemption

Sec. 2. Any person who shall sell or issue to any person engaged in any trade, business, or profession, any stamp, trading stamp, cash discount stamp, check, ticket, coupon, or other similar device which will entitle the holder, on presentation, either singly or in definite number, to receive either directly from the vendor or indirectly through any other person, money, goods, wares, or merchandise, shall upon presentation redeem the same either in goods, wares, or merchandise, or in lawful money of the United States, at the option of the holder, at the value in lawful money printed on the face, if the same be presented for redemption in number or quantity aggregating in money value not less than five cents ($0.05) in each lot.
Formerly: Acts 1913, c.299, s.2. As amended by P.L.137-2021, SEC.3.
2023 Indiana Code › Title 24. Trade Regulation › Article 4. Regulated Businesses › Chapter 2. Trade Stamps › 24-4-2-3. Refusal to Redeem

Sec. 3. Any person engaged in any trade, business, or profession who shall distribute, deliver, or present to any person dealing with him, in consideration of any article or thing purchased, any stamp, trading stamp, cash discount stamp, check, ticket, coupon, or other similar device which will entitle the holder thereof, on presentation thereof, either singly or in definite number, to receive either directly from the person issuing or selling the same, as set forth in section 2 of this chapter, or indirectly from any other person, shall, upon the refusal or failure of the said person issuing or selling same to redeem the same as set forth in said section 2 of this chapter, be liable to the holder thereof for the face value thereof, and shall, upon presentation of the same in lots of number aggregating, in money value, not less than five cents ($0.05) in each lot, redeem the same either in ware or merchandise or in lawful money of the United States, at the option of the holder thereof, at the value in lawful money printed on the face thereof.
Formerly: Acts 1913, c.299, s.3. As amended by P.L.152-1986, SEC.48.
2023 Indiana Code › Title 24. Trade Regulation › Article 4. Regulated Businesses › Chapter 2. Trade Stamps › 24-4-2-4. Redemption in Money or Merchandise; Option of Holder of Stamps

Sec. 4. The redeemable value of such stamps, trading stamps, cash discount stamp, check, ticket, coupon or other similar device, printed or legibly written on the face of said stamp as provided in this section shall be the same, whether redeemed in merchandise or in lawful money of the United States, and the redemption of such stamps as described in this section shall be in lawful money of the United States or in merchandise of equal value thereto, at the option of the holder of said stamps.
Formerly: Acts 1913, c.299, s.4. As amended by P.L.136-2018, SEC.139.
2023 Indiana Code › Title 24. Trade Regulation › Article 4. Regulated Businesses › Chapter 2. Trade Stamps › 24-4-2-5. Giving Stamps; Consent of Person or Firm Issuing Stamp

Sec. 5. No person, firm, limited liability company, or corporation shall give or deliver, as an inducement for or in connection with the sale of merchandise, any coupon, check, ticket, stamp, token, or similar device redeemable in money or in merchandise, as in this chapter provided, by any other person, firm, limited liability company, or corporation without the consent of the person, firm, or corporation originally issuing the same and responsible for the redemption thereof.
Formerly: Acts 1913, c.299, s.5. As amended by P.L.152-1986, SEC.49; P.L.8-1993, SEC.345.
2023 Indiana Code › Title 24. Trade Regulation › Article 4. Regulated Businesses › Chapter 3. Secondhand Watches › 24-4-3-1. Definitions

Sec. 1. As used in this chapter:
(a) "Person" shall be deemed to mean a person, firm, partnership, association, limited liability company, or corporation.
(b) "Consumer" shall be deemed to mean an individual, firm, partnership, association, limited liability company, or corporation who buys for his or its own use, or for the use of another but not for resale.
(c) A "second-hand watch" shall be deemed to mean:
(1) a watch which, as a whole, the case thereof, or the movement thereof, has been sold to a consumer; or
(2) any watch whose case or movement, serial numbers, or other distinguishing numbers or identification marks have been erased, defaced, removed, altered, or covered.
Formerly: Acts 1937, c.270, s.1. As amended by P.L.152-1986, SEC.50; P.L.8-1993, SEC.346.
2023 Indiana Code › Title 24. Trade Regulation › Article 4. Regulated Businesses › Chapter 3. Secondhand Watches › 24-4-3-2. Informing Purchaser of Secondhand Nature of Watch

Sec. 2. Any person, or agent or employee thereof, who sells a second-hand watch shall affix and keep affixed to the same a tag with the words "second-hand" legibly written or printed thereon in the English language. For the purposes of this chapter, "sell" shall be deemed to include offer to sell or exchange, expose for sale or exchange, possess with intent to sell or exchange, and sell or exchange.
Formerly: Acts 1937, c.270, s.2. As amended by P.L.152-1986, SEC.51.
2023 Indiana Code › Title 24. Trade Regulation › Article 4. Regulated Businesses › Chapter 3. Secondhand Watches › 24-4-3-3. Invoice of Sale

Sec. 3. Any person, or agent or employee thereof, who sells a second-hand watch shall deliver to the vendee a written invoice setting forth the name and address of the vendor, the name and address of the vendee, the date of the sale, the name of the watch or its maker, and the serial numbers (if any) or other distinguishing numbers or identification marks on its case and movement. In the event the serial numbers, or other distinguishing numbers or identification marks have been erased, defaced, removed, altered or covered, this shall be set forth in the invoice. A duplicate of the aforesaid invoice shall be kept on file by the vendor of such second-hand watch for at least one (1) year from the date of the sale thereof and shall be open to inspection during all business hours by the prosecuting attorney or his representative of the county in which the vendor is engaged in business.
Formerly: Acts 1937, c.270, s.3.
2023 Indiana Code › Title 24. Trade Regulation › Article 4. Regulated Businesses › Chapter 3. Secondhand Watches › 24-4-3-4. Advertising Secondhand Watches

Sec. 4. Any person advertising in any manner second-hand watches for sale shall state clearly in such advertising that the watches so advertised are second-hand watches.
Formerly: Acts 1937, c.270, s.4.
2023 Indiana Code › Title 24. Trade Regulation › Article 4. Regulated Businesses › Chapter 3. Secondhand Watches › 24-4-3-5. Violations

Sec. 5. A person who recklessly violates this chapter commits a Class B misdemeanor.
Formerly: Acts 1937, c.270, s.5. As amended by Acts 1978, P.L.2, SEC.2411.
2023 Indiana Code › Title 24. Trade Regulation › Article 4. Regulated Businesses › Chapter 4. Coal Delivery Tickets › 24-4-4-1. Sale of Coal and Coke; Duplicate Ticket; Contents

Sec. 1. It shall be unlawful for any person, firm, limited liability company, or corporation, by himself or itself, or by his or its servants or as the servant or agent of another, to sell or offer for sale or delivery at retail any coal or coke which is sold by weight, unless each such delivery is accompanied by a delivery ticket and a duplicate thereof, upon each of which tickets and duplicates thereof shall be written or otherwise indicated:
(a) the name and address of the person, firm, limited liability company, corporation, or association selling and delivering or attempting to sell or deliver such commodity;
(b) the gross weight of the load, the tare weight of the delivering vehicle, and the net amount in weight of the commodity being delivered in such vehicle;
(c) the name or identifying initials of the party who weighed it;
(d) the state in which the coal was mined, the name of the coal, brand or trade name, if any;
(e) the number of the vein or seam from which the coal was taken; and
(f) the size and grade thereof, which size of all grades must be designated according to the openings in the screens over and through which each such size of coal is made at the place of production.
One (1) of such delivery tickets or the duplicate thereof shall be delivered and surrendered to the person or persons in charge of the delivery of such load of commodities to the purchaser thereof or to his agent or representative, and the other ticket or duplicate shall be retained by the person, firm, limited liability company, or corporation making such sale for a period of not less than twelve (12) months from date of sale. All coal or coke so sold or delivered shall consist of the kind, quality, and weight in all respects as described and indicated in such delivery ticket and duplicate thereof, and it shall constitute a violation of this chapter to sell or deliver or substitute any other kind and quality or weight of coal or coke than that so described and indicated, and proof of the sale, delivery, or substitution of any coal or coke which is not of the kind, quality, and weight so described and indicated shall constitute prima facie evidence and proof of intent to violate this section.
Formerly: Acts 1931, c.177, s.1; Acts 1935, c.278, s.1. As amended by P.L.152-1986, SEC.52; P.L.8-1993, SEC.347.
2023 Indiana Code › Title 24. Trade Regulation › Article 4. Regulated Businesses › Chapter 4. Coal Delivery Tickets › 24-4-4-2. Coal in Carload Lots; Invoice; Contents

Sec. 2. Every person, firm, limited liability company, or corporation who produces, ships or sells coal in car-load lots in this state shall transmit an invoice for each shipment of coal which shall indicate plainly thereon the state in which the coal was mined, the name of the coal or the number of the vein or seam from which the coal was taken, and the size and grade thereof, which size of all grades must be designated according to the opening in the screens over and through which each such size of coal is made at the place of production.
Formerly: Acts 1931, c.177, s.2; Acts 1935, c.278, s.2. As amended by P.L.8-1993, SEC.348.
2023 Indiana Code › Title 24. Trade Regulation › Article 4. Regulated Businesses › Chapter 4. Coal Delivery Tickets › 24-4-4-3. Sign on Delivery Vehicle

Sec. 3. Upon both sides of delivery vehicles shall be displayed a sign with letters not less than three (3) inches in height showing name of person, firm, limited liability company, or corporation delivering or attempting to deliver commodities as prescribed in section 1 of this chapter.
Formerly: Acts 1931, c.177, s.3. As amended by P.L.152-1986, SEC.53; P.L.8-1993, SEC.349.