reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 24. Trade Regulation › Article 6. Weights, Measures, and Labeling › Chapter 3. State and Local Weights and Measures Program › 24-6-3-16. Standards for Weights and Measures; Emergency Rule Adoption; Federal Standards

Sec. 16. (a) The state department may adopt emergency rules under IC 4-22-2-37.1 to establish standards for weights and measures to be used by the state department. A standard adopted under this section must be the same as or at least as effective as the standards adopted by the National Conference on Weights and Measures, including amendments to those standards in effect on June 30, 1993, and found in:
(1) Handbook 44: Specification, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices;
(2) Handbook 130: Chapter A, Uniform Packaging and Labeling Regulation;
(3) Handbook 130: Chapter B, Uniform Regulation for the Method of Sale of Commodities, except for Section 2.20; and
(4) Handbook 133: Checking the Net Contents of Packaged Goods;
all published by the National Institute of Standards and Technology.
(b) The state department may determine when an amendment to federal standards described in subsection (a) has been adopted. If the state department determines that an amendment to the federal standards has been adopted, the state department may adopt emergency rules under IC 4-22-2-37.1 to amend the rules adopted by the state department under subsection (a). An emergency rule adopted under this subsection must provide a standard that is:
(1) the same as; or
(2) at least as effective as;
the amendment to the federal standards for weights and measures. An emergency rule adopted under this subsection must take effect not later than sixty (60) days after the date of publication of the amendment to the federal standards.
As added by P.L.177-1993, SEC.19. Amended by P.L.123-1994, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 6. Weights, Measures, and Labeling › Chapter 3. State and Local Weights and Measures Program › 24-6-3-17. Adoption of Rules Requiring Posting Notices Concerning Oxygenates at Service Stations; Prohibition

Sec. 17. The state department may not adopt rules requiring the posting of notices concerning oxygenates on or near engine fuel dispensers located at retail service stations.
As added by P.L.123-1994, SEC.2.
2023 Indiana Code › Title 24. Trade Regulation › Article 6. Weights, Measures, and Labeling › Chapter 5. Containers for Agricultural Produce › 24-6-5-6. Repealed

Formerly: Acts 1923, c.44, s.6. As amended by P.L.152-1986, SEC.92; P.L.2-1992, SEC.760. Repealed by P.L.104-2003, SEC.10.
2023 Indiana Code › Title 24. Trade Regulation › Article 6. Weights, Measures, and Labeling › Chapter 5. Containers for Agricultural Produce › 24-6-5-7. Repealed

Formerly: Acts 1923, c.44, s.7. As amended by P.L.152-1986, SEC.93; P.L.2-1992, SEC.761. Repealed by P.L.104-2003, SEC.10.
2023 Indiana Code › Title 24. Trade Regulation › Article 6. Weights, Measures, and Labeling › Chapter 5. Containers for Agricultural Produce › 24-6-5-8. Repealed

Formerly: Acts 1923, c.44, s.8. As amended by Acts 1978, P.L.2, SEC.2422. Repealed by P.L.104-2003, SEC.10.
2023 Indiana Code › Title 24. Trade Regulation › Article 6. Weights, Measures, and Labeling › Chapter 5. Containers for Agricultural Produce › 24-6-5-9. Repealed

Formerly: Acts 1923, c.44, s.9. As amended by P.L.152-1986, SEC.94. Repealed by P.L.104-2003, SEC.10.
2023 Indiana Code › Title 24. Trade Regulation › Article 6. Weights, Measures, and Labeling › Chapter 5. Containers for Agricultural Produce › 24-6-5-10. Repealed

Formerly: Acts 1923, c.44, s.10. As amended by P.L.152-1986, SEC.95. Repealed by P.L.104-2003, SEC.10.
2023 Indiana Code › Title 24. Trade Regulation › Article 6. Weights, Measures, and Labeling › Chapter 5. Containers for Agricultural Produce › 24-6-5-12. Duties of Division of Weights and Measures

Sec. 12. It shall be the duty of the division of weights and measures of the Indiana department of health to enforce all the provisions of this chapter, and it shall prescribe such rules as it may find necessary for carrying into effect the provisions of this chapter, and shall cause such examinations and tests to be made as may be necessary in order to determine whether hampers, round stave baskets, splint baskets, climax baskets, and baskets or containers for berries or other small fruits and vegetables, or parts thereof, subject to this chapter, meet its requirements. For this purpose, the authorized officers and agents of the division of weights and measures may visit factories, stock rooms, and other places of business where such hampers, baskets, and containers, or parts thereof, are manufactured or held for sale or shipment, or offered for sale, and may enter cars, vessels, other vehicles, and places under the control of carriers engaged in the transportation of such hampers, baskets, and containers, or parts thereof, and may take samples of such hampers, baskets, and boxes, or parts thereof or, upon written request from the division of weights and measures or its authorized agents. Any manufacturers, shippers, carriers, or holders of such hampers, baskets, and containers or parts thereof shall furnish samples of such hampers, baskets, and containers, or parts thereof, as are required for the purpose of inspection as in this chapter provided.
Formerly: Acts 1923, c.44, s.12. As amended by P.L.152-1986, SEC.96; P.L.2-1992, SEC.762; P.L.56-2023, SEC.219.
2023 Indiana Code › Title 24. Trade Regulation › Article 6. Weights, Measures, and Labeling › Chapter 5. Containers for Agricultural Produce › 24-6-5-13. Official Cooperation

Sec. 13. For carrying out the purpose of this chapter, the division of weights and measures of the Indiana department of health is authorized to cooperate with state, county, and municipal authorities, manufacturers, dealers, and shippers.
Formerly: Acts 1923, c.44, s.13. As amended by P.L.152-1986, SEC.97; P.L.2-1992, SEC.763; P.L.56-2023, SEC.220.
2023 Indiana Code › Title 24. Trade Regulation › Article 6. Weights, Measures, and Labeling › Chapter 5. Containers for Agricultural Produce › 24-6-5-14. Repealed

Formerly: Acts 1923, c.44, s.14. As amended by P.L.152-1986, SEC.98. Repealed by P.L.104-2003, SEC.10.
2023 Indiana Code › Title 24. Trade Regulation › Article 6. Weights, Measures, and Labeling › Chapter 5. Containers for Agricultural Produce › 24-6-5-15. Sale by Weight or Numerical Count

Sec. 15. Nothing in this chapter shall be construed to permit sales by standard hampers, baskets, or containers without regard to weight or numerical count when required by law to be sold by weight or numerical count.
Formerly: Acts 1923, c.44, s.15. As amended by P.L.152-1986, SEC.99.
2023 Indiana Code › Title 24. Trade Regulation › Article 6. Weights, Measures, and Labeling › Chapter 6. Labeling Produce Containers › 24-6-6-1. Package Defined

Sec. 1. The term "package" as used in this chapter shall be construed to mean any container which is used for the transportation of or sale of fruits and vegetables within the state.
Formerly: Acts 1935, c.65, s.1. As amended by P.L.152-1986, SEC.100.
2023 Indiana Code › Title 24. Trade Regulation › Article 6. Weights, Measures, and Labeling › Chapter 6. Labeling Produce Containers › 24-6-6-2. Fruit and Vegetable Containers; Packing Requirements

Sec. 2. Every person, firm, limited liability company, or corporation who, by himself or by his agent or employee, packs or repacks fresh fruits or vegetables in containers intended for sale, either privately or on the open market, shall cause the same to be marked in a plain and indelible manner, as follows:
(1) With his full name and address, including the name of the state where such fresh fruits and vegetables are grown or packed.
(2) The net contents, by weight, if not in a standard container built in accordance with the specifications of the federal or state standard container act, in which case the cubical contents shall be sufficient.
(3) The grade, in accordance with the standards established by this act.
All markings shall be in letters not less than one-half (1/2) of an inch in height.
Formerly: Acts 1935, c.65, s.2. As amended by P.L.152-1986, SEC.101; P.L.8-1993, SEC.370.
2023 Indiana Code › Title 24. Trade Regulation › Article 6. Weights, Measures, and Labeling › Chapter 6. Labeling Produce Containers › 24-6-6-3. Unlawful Sales

Sec. 3. No person shall sell, offer for sale, expose, or have in his possession for sale, either privately or on the open market, any fresh fruits or vegetables packed in containers and intended for sale, unless such containers are marked in accordance with the provisions of this chapter.
Formerly: Acts 1935, c.65, s.3. As amended by P.L.152-1986, SEC.102.
2023 Indiana Code › Title 24. Trade Regulation › Article 6. Weights, Measures, and Labeling › Chapter 6. Labeling Produce Containers › 24-6-6-4. Prohibition Against Certain Markings

Sec. 4. No person shall sell, offer, expose or have in his possession for sale, any fresh fruits or vegetables, packed in any package, upon which package is marked any designation which represents such fruit as "No. 1," "Finest," "Best", "Extra Good", "Fancy," "Selected," "Prime," "Standard," or other name denoting superior grade or quality, unless such fruit or vegetables consist of well-grown specimens, sound, of nearly uniform size, normal shape, good color for the variety, and not less than ninety per cent (90%) free from injurious or disfiguring bruises, diseases, insect injuries or other defects, natural deterioration and decay in transit or storage excepted.
Formerly: Acts 1935, c.65, s.4.
2023 Indiana Code › Title 24. Trade Regulation › Article 6. Weights, Measures, and Labeling › Chapter 6. Labeling Produce Containers › 24-6-6-5. Misrepresentation by Package

Sec. 5. No person shall sell, offer or have in his possession for sale, either privately or on the open market, packed in any package in which the face or shown surface gives a false representation of the contents of such package, and it shall be considered a false representation if such face shows more than ten per cent (10%), by count, or weight, larger in size or superior in grade to or different in variety than the remaining portion of the package, natural deterioration and decay in transit or storage excepted.
Formerly: Acts 1935, c.65, s.5.
2023 Indiana Code › Title 24. Trade Regulation › Article 6. Weights, Measures, and Labeling › Chapter 6. Labeling Produce Containers › 24-6-6-6. Used Containers; Marking Requirements

Sec. 6. When fruits and vegetables, packed in used containers, are offered for sale carrying any markings pertaining to the previous contents, the words "not original contents," shall be conspicuously marked, labeled, or tagged on the outside of each container in letters not less than one-fourth (1/4) of one (1) inch in height.
Formerly: Acts 1935, c.65, s.6.
2023 Indiana Code › Title 24. Trade Regulation › Article 6. Weights, Measures, and Labeling › Chapter 6. Labeling Produce Containers › 24-6-6-7. Commodities Packed in Another State; Exception

Sec. 7. Fruits and vegetables packed in original containers and graded according to the legal grades of the state wherein they originated shall be exempt from the provisions of this chapter provided such packages are marked with the grade, grower or distributor, and address, and the state wherein grown, and providing the grades of such state are the equivalent to or are more rigid than the federal grade.
Formerly: Acts 1935, c.65, s.7. As amended by P.L.152-1986, SEC.103.
2023 Indiana Code › Title 24. Trade Regulation › Article 6. Weights, Measures, and Labeling › Chapter 6. Labeling Produce Containers › 24-6-6-8. Repacking Procedure; Shipping Requirements

Sec. 8. (a) Fruits and vegetables originating outside of the state of Indiana, and which are repacked within the state, shall have the name of the repacker or distributor and the name of the state where the product originated clearly marked on the package, in letters not less than one-half (1/2) inch in height.
(b) Fruits and vegetables originating outside of the state of Indiana which are transported by motor vehicles or by railroad cars, whether shipped in bulk or in containers, shall be accompanied by a certificate showing that such fruit or vegetables comply in all respects with the requirements of the state and federal laws and the several rules and regulations issued thereunder by the properly constituted state and federal agencies.
Formerly: Acts 1935, c.65, s.8.
2023 Indiana Code › Title 24. Trade Regulation › Article 6. Weights, Measures, and Labeling › Chapter 6. Labeling Produce Containers › 24-6-6-9. Enforcement of Chapter

Sec. 9. The Indiana department of health, its division of weights and measures, food inspectors, sealers of weights and measures, and agents are hereby charged with the enforcement of the provisions of this chapter. It shall be the duty of every prosecuting attorney to whom the Indiana department of health or any of its agents shall report any violation of the provisions of this chapter to cause proceedings to be commenced against the person or persons so violating the provisions of this chapter and to prosecute the same to final termination.
Formerly: Acts 1935, c.65, s.9. As amended by P.L.152-1986, SEC.104; P.L.2-1992, SEC.764; P.L.56-2023, SEC.221.
2023 Indiana Code › Title 24. Trade Regulation › Article 6. Weights, Measures, and Labeling › Chapter 6. Labeling Produce Containers › 24-6-6-10. Products in Transit

Sec. 10. This chapter shall not apply to products in transit from point of origin to place of processing, or further grading or conditioning.
Formerly: Acts 1935, c.65, s.10. As amended by P.L.152-1986, SEC.105.
2023 Indiana Code › Title 24. Trade Regulation › Article 6. Weights, Measures, and Labeling › Chapter 6. Labeling Produce Containers › 24-6-6-11. Violations

Sec. 11. A person who violates this chapter commits a Class C misdemeanor.
Formerly: Acts 1935, c.65, s.11. As amended by Acts 1978, P.L.2, SEC.2423.
2023 Indiana Code › Title 24. Trade Regulation › Article 6. Weights, Measures, and Labeling › Chapter 6. Labeling Produce Containers › 24-6-6-12. Federal Grading

Sec. 12. Federal grades, with any additions or changes, as well as any grades covering additional products, are hereby adopted by the state of Indiana and shall be applied under the terms of this chapter.
Formerly: Acts 1935, c.65, s.12. As amended by P.L.152-1986, SEC.106.
2023 Indiana Code › Title 24. Trade Regulation › Article 6. Weights, Measures, and Labeling › Chapter 8. Standard Weights for Certain Grain Products › 24-6-8-1. Standard Weights; Violation; Exceptions

Sec. 1. It is a Class C infraction for a person to pack for sale, sell, offer, or expose for sale any of the following commodities except in containers of net avoirdupois weights of five (5), ten (10), twenty-five (25), fifty (50), and one hundred (100) pounds, and multiples of one hundred (100) pounds: Wheat flour, self-rising wheat flour, phosphated wheat flour, bromated flour, enriched flour, enriched self-rising flour, enriched bromated flour, corn flour, corn meals, hominy and hominy grits. However, this section does not apply to (1) the retailing of flours, meals, hominy and hominy grits direct to the consumer from bulk stock, (2) the sale of flours and meals to commercial bakers or blenders in containers of more than one hundred (100) pounds, (3) the sale of flours and meals for export, (4) flours, meals, hominy and hominy grits packed in containers the net contents of which are less than three (3) pounds, or (5) the exchange of wheat for flour by mills grinding for toll.
Formerly: Acts 1945, c.150, s.1; Acts 1947, c.130, s.1. As amended by Acts 1978, P.L.2, SEC.2425.
2023 Indiana Code › Title 24. Trade Regulation › Article 6. Weights, Measures, and Labeling › Chapter 9. Grades for Sweet Potatoes › 24-6-9-1. Indiana Grades for Sweet Potatoes

Sec. 1. The following grades for sweet potatoes are hereby established and shall be known as the Indiana Grades for sweet potatoes.
Grade No. 1 shall consist of cured sweet potatoes from warm air storage, shall be not less than one and one-half (1 1/2) inches and not more than three and one-half (3 1/2) inches in diameter, and not less than four (4) inches and not more than eleven (11) inches in length, but the length may be less than four (4) inches if the diameter is two and one-fourth (2 1/4) inches or more. Sweet potatoes which are graded at the time they are dug shall be not less than one and three-fourths (1 3/4) inches and not more than four (4) inches in diameter. All sweet potatoes classed as grade No. 1 sweet potatoes shall be sound, of similar varietal characteristics, practically free from dirt or other foreign matter, frost injury, decay, bruises, cuts, scars, cracks and damage caused by heat, disease, insects or mechanical or other means. For the purposes of allowing for variations incident to commercial grading and handling, five per cent (5%) by weight, of any lot may not meet the requirements as to diameter and length, and, in addition, six per cent (6%) by weight may be below the other requirements of this grade.
Grade No. 2 shall consist of sound sweet potatoes, of similar varietal characteristics, not meeting the requirements of grade No. 1, which are free from serious damage caused by dirt or other foreign matter, frost injury, decay, bruises, cuts, scars, cracks, heat, disease, insects or mechanical or other means. Cured or dried sweet potatoes classified as grade No. 2 shall be not less than one (1) inch and not more than one and one-half (1 1/2) inches in diameter. Green sweet potatoes shall be not less than one and one-half (1 1/2) inches and not more than two (2) inches in diameter. For the purpose of allowing for variations incident to commercial grading and handling, five per cent (5%) by weight, of any lot of cured or dried sweet potatoes may not meet the requirements as to diameter and length, and, in addition, six per cent (6%) by weight, may be below the other requirements of this grade; and five per cent (5%) by weight, of any lot of green sweet potatoes may not meet the requirements as to diameter and length.
Formerly: Acts 1925, c.136, s.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 7. Rental Purchase Agreements › Chapter 1. Application › 24-7-1-0.1. Application of Article

Sec. 0.1. The addition of this article by P.L.254-1987 does not apply to rental purchase agreements consummated before September 1, 1987.
As added by P.L.220-2011, SEC.399.
2023 Indiana Code › Title 24. Trade Regulation › Article 7. Rental Purchase Agreements › Chapter 1. Application › 24-7-1-1. Rental Purchase Agreements Affected; Lessee's Residence

Sec. 1. (a) This article applies to a rental purchase agreement if:
(1) the rental purchase agreement is entered into in Indiana;
(2) the lessee is a resident of Indiana at the time a lessor offering the rental purchase agreement solicits the rental purchase agreement or a modification of the rental purchase agreement by any mode of communication; or
(3) the lessee is a resident of Indiana at the time the lessor offering a rental purchase agreement receives either a signed writing evidencing the creation or modification of a rental purchase agreement or a written offer from the lessee to enter into or modify a rental purchase agreement.
(b) For the purposes of this article, the residence of a lessee is the address given by the lessee as the lessee's residence in any writing signed by the lessee in connection with a rental purchase agreement. Until the lessee notifies the lessor of a new or different residence address, the given residence address is presumed to be unchanged.
As added by P.L.254-1987, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 7. Rental Purchase Agreements › Chapter 1. Application › 24-7-1-2. Inapplicable Law

Sec. 2. Except as provided in this article, the provisions of:
(1) the Consumer Credit Protection Act (15 U.S.C. 1601 et seq.) and regulations adopted under that act;
(2) IC 24-4.5;
(3) IC 26-1-1-201(37);
(4) IC 26-1-2 concerning the creation of a security interest in property;
(5) IC 26-1-9.1; and
(6) rules adopted under the statutes described in subdivisions (2) through (5);
do not apply to a rental purchase agreement.
As added by P.L.254-1987, SEC.1. Amended by P.L.57-2000, SEC.10; P.L.159-2017, SEC.20.
2023 Indiana Code › Title 24. Trade Regulation › Article 7. Rental Purchase Agreements › Chapter 1. Application › 24-7-1-3. Waiver of Statutory Protections; Settlement

Sec. 3. Except as provided in this article, a lessor or lessee may not waive or agree to forego rights or benefits under this article. However, this article does not prohibit the settlement of a claim under this article.
As added by P.L.254-1987, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 7. Rental Purchase Agreements › Chapter 1. Application › 24-7-1-5. Prohibited Agreements; Disguised Consumer Credit Sales

Sec. 5. (a) Rental purchase agreements involving:
(1) motor vehicles (as defined in IC 9-13-2-105(a)), including:
(A) component parts (as defined in IC 9-13-2-34);
(B) major component parts (as defined in IC 9-13-2-95); and
(C) any other parts (as defined in IC 9-13-2-122) other than:
(i) wheels;
(ii) rims; and
(iii) tires;
necessary to operate a motor vehicle;
(2) other titled property; or
(3) live domestic animals (as defined in IC 34-30-30-1);
are prohibited under this article.
(b) If the director determines that a transaction described in IC 24-7-2-9(a) involves the application of subterfuge for the purpose of avoiding the application of the Uniform Consumer Credit Code (IC 24-4.5), the director may treat the transaction as a disguised consumer credit sale that is subject to IC 24-4.5. A determination by the director under this subsection:
(1) must be in writing;
(2) shall be delivered to all parties in the transaction; and
(3) is subject to IC 4-21.5-3.
As added by P.L.138-1990, SEC.3. Amended by P.L.2-1991, SEC.85; P.L.63-2001, SEC.5 and P.L.134-2001, SEC.5; P.L.213-2007, SEC.28; P.L.217-2007, SEC.27; P.L.176-2019, SEC.28.
2023 Indiana Code › Title 24. Trade Regulation › Article 7. Rental Purchase Agreements › Chapter 1. Application › 24-7-1-6. Inapplicability to Rental of Musical Instruments Through Programs at Schools

Sec. 6. This article does not apply to the rental of a musical instrument through a program offered at an elementary or a secondary school with the approval of the school.
As added by P.L.90-2008, SEC.19. Amended by P.L.35-2010, SEC.89.
2023 Indiana Code › Title 24. Trade Regulation › Article 7. Rental Purchase Agreements › Chapter 1. Application › 24-7-1-7. Inapplicability to Rental Purchase of a Dwelling

Sec. 7. This article does not apply to the rental purchase of a dwelling (as defined in IC 24-4.4-1-301(11)), regardless of whether the dwelling is assessed as real or personal property for property tax purposes.
As added by P.L.89-2011, SEC.23.
2023 Indiana Code › Title 24. Trade Regulation › Article 7. Rental Purchase Agreements › Chapter 2. Definitions › 24-7-2-2. "Department"

Sec. 2. "Department" has the meaning set forth in IC 24-4.5-6-103.
As added by P.L.254-1987, SEC.1. Amended by P.L.14-1992, SEC.62.
2023 Indiana Code › Title 24. Trade Regulation › Article 7. Rental Purchase Agreements › Chapter 2. Definitions › 24-7-2-3.5. "Initial Rental Payment"

Sec. 3.5. "Initial rental payment" means any up-front payment:
(1) that is made by a lessee to a lessor, or to an agent acting on behalf of a lessor, for property under a rental purchase agreement;
(2) that includes a rental payment that permits the lessee's use of the property for the initial rental period;
(3) that may be in an amount that is larger than a regular rental payment due under the rental purchase agreement; and
(4) that may include one (1) or more of the following:
(A) An amount intended to be paid toward the rental or ownership of the property that is the subject of the rental purchase agreement.
(B) Additional charges permitted under IC 24-7-5, including any of the following:
(i) A nonrefundable processing fee or a delivery charge.
(ii) Sales and use taxes.
(iii) Official fees.
(iv) An optional liability waiver fee for the initial rental period.
(v) A security deposit.
As added by P.L.176-2019, SEC.29.
2023 Indiana Code › Title 24. Trade Regulation › Article 7. Rental Purchase Agreements › Chapter 2. Definitions › 24-7-2-6. "Lessor"

Sec. 6. "Lessor" means an individual or other person who, in the ordinary course of business:
(1) leases;
(2) offers to lease;
(3) arranges for the leasing of; or
(4) accepts assignments of leases of;
property under a rental purchase agreement.
As added by P.L.254-1987, SEC.1. Amended by P.L.138-1990, SEC.4.
2023 Indiana Code › Title 24. Trade Regulation › Article 7. Rental Purchase Agreements › Chapter 2. Definitions › 24-7-2-8. "Property"

Sec. 8. "Property" means any property that:
(1) is not real property or intangible personal property under Indiana law;
(2) is used or intended for use by an individual primarily for personal, family, or household purposes;
(3) a lessor holds complete and total ownership of, or ownership rights to; and
(4) is made available by a lessor to a lessee under a rental purchase agreement.
As added by P.L.254-1987, SEC.1. Amended by P.L.69-2018, SEC.30.
2023 Indiana Code › Title 24. Trade Regulation › Article 7. Rental Purchase Agreements › Chapter 2. Definitions › 24-7-2-8.5. "Regular Rental Payment"

Sec. 8.5. "Regular rental payment" means a periodic payment in a fixed amount that permits a lessee's use of property under a rental purchase agreement for a specific time after the initial rental period.
As added by P.L.176-2019, SEC.30.
2023 Indiana Code › Title 24. Trade Regulation › Article 7. Rental Purchase Agreements › Chapter 2. Definitions › 24-7-2-9. "Rental Purchase Agreement"

Sec. 9. (a) "Rental purchase agreement" means an agreement between a lessor and a lessee that:
(1) permits a lessee's use of property for a specified time;
(2) has an initial period of four (4) months or less;
(3) is automatically renewable with each rental payment; and
(4) permits the lessee to become the owner of the property.
(b) The term includes:
(1) an agreement; or
(2) a transaction;
that the director determines to be a rental purchase agreement, despite efforts by a person to structure the transaction in a manner that the director determines is being used to avoid application of this article.
As added by P.L.254-1987, SEC.1. Amended by P.L.138-1990, SEC.5; P.L.213-2007, SEC.29; P.L.217-2007, SEC.28; P.L.69-2018, SEC.31.
2023 Indiana Code › Title 24. Trade Regulation › Article 7. Rental Purchase Agreements › Chapter 3. Disclosures; Form of Rental Purchase Agreement › 24-7-3-2. Alternate Disclosure Requirements

Sec. 2. A lessor shall disclose to a lessee the information required under section 3 of this chapter. However, if the Consumer Credit Protection Act (15 U.S.C. 1601 et seq.) is amended to govern lease-purchase disclosures, the lessor may disclose the information required under the Consumer Credit Protection Act (15 U.S.C. 1601 et seq.) instead of the disclosures required under this chapter.
As added by P.L.254-1987, SEC.1. Amended by P.L.159-2017, SEC.23.
2023 Indiana Code › Title 24. Trade Regulation › Article 7. Rental Purchase Agreements › Chapter 3. Disclosures; Form of Rental Purchase Agreement › 24-7-3-3. Required Disclosures

Sec. 3. The lessor shall disclose the following:
(1) A brief description of the property sufficient to identify the property to the lessee and lessor.
(2) The total number, total amount, and timing of all rental payments necessary to acquire ownership of the property, including:
(A) any initial payment, less any:
(i) optional liability waiver fees under IC 24-7-5-11;
(ii) optional products and services offered contemporaneously with the rental purchase agreement under IC 24-7-8-6; and
(iii) security deposit, if required;
(B) all regular rental payments; and
(C) taxes paid to or through the lessor.
(3) A statement that the lessee will not own the property until the lessee has:
(A) made all regular rental payments, as well as any initial rental payment, necessary to acquire ownership of the property; or
(B) exercised an early purchase option.
(4) A statement that charges in addition to the total rental payments necessary to acquire ownership of the leased property may be imposed under the agreement and that the lessee should read the contract for an explanation of these charges.
(5) A brief explanation of all additional charges that may be imposed under the agreement. If a security deposit is required, the explanation must include an explanation of the conditions under which the deposit will be returned to the lessee.
(6) A statement indicating who is responsible for property if it is lost, stolen, damaged, or destroyed.
(7) A statement indicating that the value of lost, stolen, damaged, or destroyed property is its fair market value on the date that it is lost, stolen, damaged, or destroyed.
(8) A statement indicating whether the property is new or used. However, property that is new may be described as used.
(9) A statement that the lessee has an early purchase option to purchase the property at any time during the period that the rental purchase agreement is in effect. The statement must specify the price or the formula or other method for determining the price at which the property may be purchased.
(10) A brief explanation of the lessee's right to reinstate a rental purchase agreement and a description of the amount, or method of determining the amount, of any penalty or other charge applicable under IC 24-7-5 to the reinstatement of a rental purchase agreement.
(11) An itemization of all charges and fees included in any initial rental payment.
As added by P.L.254-1987, SEC.1. Amended by P.L.69-2018, SEC.32; P.L.29-2022, SEC.7.
2023 Indiana Code › Title 24. Trade Regulation › Article 7. Rental Purchase Agreements › Chapter 3. Disclosures; Form of Rental Purchase Agreement › 24-7-3-4. Form of Disclosures

Sec. 4. (a) The disclosures required under section 3 of this chapter shall be stated:
(1) clearly and conspicuously; and
(2) in words and phrases that have a nontechnical meaning.
(b) Except as provided in the rules adopted by the department, the disclosures required under section 3 of this chapter may be included in the rental purchase agreement or in a separate writing that references the rental purchase agreement.
(c) Except as provided in the rules adopted by the department, the disclosures required under section 3 of this chapter may be provided in a different sequence than the sequence set forth in section 3 of this chapter.
(d) Additional information or explanations supplied by the lessor may not have the effect of circumventing, evading, or unduly complicating the information required to be disclosed.
As added by P.L.254-1987, SEC.1. Amended by P.L.172-1997, SEC.10.
2023 Indiana Code › Title 24. Trade Regulation › Article 7. Rental Purchase Agreements › Chapter 3. Disclosures; Form of Rental Purchase Agreement › 24-7-3-5. Time of Disclosure

Sec. 5. The lessor shall disclose all information required in section 3 of this chapter before the rental purchase agreement is consummated.
As added by P.L.254-1987, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 7. Rental Purchase Agreements › Chapter 3. Disclosures; Form of Rental Purchase Agreement › 24-7-3-6. Copy of Written and Signed Agreement to Lessee

Sec. 6. The lessor shall obtain the signature of the lessee on the writing containing the terms of the rental purchase agreement and shall furnish the lessee with a copy of the written and signed rental purchase agreement at the time of consummation of the agreement. If there is more than one (1) lessee in a rental purchase agreement, delivery of a copy of the rental purchase agreement to one (1) of the lessees is sufficient to comply with this section.
As added by P.L.254-1987, SEC.1. Amended by P.L.69-2018, SEC.33; P.L.176-2019, SEC.31.
2023 Indiana Code › Title 24. Trade Regulation › Article 7. Rental Purchase Agreements › Chapter 3. Disclosures; Form of Rental Purchase Agreement › 24-7-3-8. Rental Payment Receipts

Sec. 8. The lessor shall furnish the lessee, without request by the lessee, a written receipt for each initial rental payment and any subsequent regular rental payment made:
(1) in cash; or
(2) by another method of rental payment that does not provide evidence of the rental payment.
As added by P.L.254-1987, SEC.1. Amended by P.L.69-2018, SEC.34.
2023 Indiana Code › Title 24. Trade Regulation › Article 7. Rental Purchase Agreements › Chapter 4. Limitations › 24-7-4-1. Lessee's Acquisition of Ownership

Sec. 1. At any time after a rental purchase agreement is consummated, the lessee may acquire ownership of the property under the terms specified in the rental purchase agreement.
As added by P.L.254-1987, SEC.1. Amended by P.L.69-2018, SEC.35; P.L.176-2019, SEC.32.
2023 Indiana Code › Title 24. Trade Regulation › Article 7. Rental Purchase Agreements › Chapter 4. Limitations › 24-7-4-3. Assignment of Earnings as Payment

Sec. 3. (a) A lessor may not accept an assignment of earnings from the lessee for payment or as security for payment for a charge arising under a rental purchase agreement.
(b) An assignment of earnings in violation of this section is unenforceable by the assignee of the earnings and revocable by the lessee.
(c) This section does not prohibit a lessee from authorizing deductions from the lessee's earnings if the authorization is revocable and is otherwise permitted by law.
As added by P.L.254-1987, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 7. Rental Purchase Agreements › Chapter 4. Limitations › 24-7-4-4. Acceptance of Authorization on Behalf of Lessee Waiving Service of Process, Confessing Judgment, or Enforcing Payment

Sec. 4. A lessor may not take or accept a power of attorney or other authorization from the lessee, or other person acting on the lessee's behalf, to waive service of process, confess judgment, or enforce payment of money claimed by the lessor in violation of IC 34-54-3 or IC 34-54-4.
As added by P.L.254-1987, SEC.1. Amended by P.L.1-1998, SEC.130.
2023 Indiana Code › Title 24. Trade Regulation › Article 7. Rental Purchase Agreements › Chapter 4. Limitations › 24-7-4-5. Required Waiver of Lessee's Defenses, Counterclaims, or Rights of Action in Collecting Payments or Charges

Sec. 5. A lessor may not require a lessee to waive any defense, counterclaim, or right of action against:
(1) the lessor; or
(2) a person acting on the lessor's behalf, as the lessee's agent;
in collection of rental payments or charges under the rental purchase agreement.
As added by P.L.254-1987, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 7. Rental Purchase Agreements › Chapter 4. Limitations › 24-7-4-6. Repossession Limited

Sec. 6. A lessor may not require a lessee to authorize the lessor or a person acting on the lessor's behalf to unlawfully enter upon the lessee's premises or to commit any breach of the peace in the repossession of the property.
As added by P.L.254-1987, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 7. Rental Purchase Agreements › Chapter 4. Limitations › 24-7-4-9. Assignee of Lessor's Rights; Lessee's Rights Against Assignee; Contractual Abridgement of Lessee's Claims or Defenses

Sec. 9. (a) With respect to a rental purchase agreement, an assignee of the rights of the lessor is subject to all claims and defenses of the lessee against the lessor arising from the lease of property or services.
(b) A claim or defense of a lessee specified in subsection (a) may be asserted against the assignee under this section only if the lessee has made a good faith attempt to obtain satisfaction from the lessor with respect to the claim or defense and then only to the extent of the amount owing the assignee with respect to the sale or the lease of the property or services to which the claim or defense arose at the time the assignee has written notice of the claim or defense. Written notice of the claim or defense may be given before the attempts specified in this subsection. For the purposes of this subsection, written notice is any written notification other than notice on a coupon, billing statement, or any other payment medium or material supplied by the assignee.
(c) An agreement may not limit or waive the claims or defenses of a lessee under this section.
As added by P.L.254-1987, SEC.1. Amended by P.L.45-1995, SEC.18.
2023 Indiana Code › Title 24. Trade Regulation › Article 7. Rental Purchase Agreements › Chapter 4. Limitations › 24-7-4-10. Notice and Proof of Assignment

Sec. 10. (a) The lessee may pay the original lessor until the lessee receives written notification:
(1) that assignment of the rights to rental payments under the rental purchase agreement has occurred; and
(2) of the person to whom rental payments are to be made.
(b) A notification that does not reasonably identify the rights assigned is ineffective.
(c) If requested by the lessee, the assignee must take reasonable steps to furnish proof that the assignment has been made. Unless the assignee furnishes the proof, the lessee may pay the original lessor.
As added by P.L.254-1987, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 7. Rental Purchase Agreements › Chapter 4. Limitations › 24-7-4-11. Prohibited Acts; Additional Payments; Payments Exceeding Acquisition Cost; Payments to Third Parties

Sec. 11. Except as provided in section 1 of this chapter, a lessor shall not require or permit a lessee to:
(1) make any payment in addition to an initial rental payment and regular rental payments in order to acquire ownership of the property;
(2) pay rental payments totaling more than the cost to acquire ownership stated in the rental purchase agreement; or
(3) make any payment to a third party as a condition to entering into a rental purchase agreement.
As added by P.L.254-1987, SEC.1. Amended by P.L.69-2018, SEC.37.
2023 Indiana Code › Title 24. Trade Regulation › Article 7. Rental Purchase Agreements › Chapter 4. Limitations › 24-7-4-12. Mandatory Insurance; Early Termination of Agreement or Item Return Penalties; Fees or Charges Imposed on Cosigner

Sec. 12. A lessor may not require any of the following:
(1) The mandatory purchase of insurance by the lessee from the lessor.
(2) A penalty for early termination of a rental purchase agreement or for the return of an item at any point, except charges authorized under IC 24-7-5.
(3) A payment by a cosigner of the rental purchase agreement for any fees or charges that may not be imposed on the lessee as part of the rental purchase agreement.
As added by P.L.254-1987, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 7. Rental Purchase Agreements › Chapter 4. Limitations › 24-7-4-13. Acceptance and Application of Payments; Payments Exceeding Scheduled Amount Due

Sec. 13. (a) Except as provided in subsection (b), a lessor may not accept payment from a lessee and hold the amount of the payment in a reserve account for future payments. Any amounts paid by a lessee must be applied:
(1) as an initial rental payment;
(2) as a regular rental payment; or
(3) to an accrued additional charge under IC 24-7-5.
(b) If a lessee makes a payment that exceeds the sum of the scheduled regular rental payment and any permitted additional charges that are due, the lessor may hold the excess funds in a reserve account subject to the following conditions:
(1) The balance of the lessee's reserve account may not exceed the amount of the next scheduled regular rental payment.
(2) If the balance in the lessee's reserve account reaches the limit specified in subdivision (1), the lessor shall apply the funds to the lessee's next scheduled regular rental payment.
(c) This section may not be construed to preclude a lessor from accepting and applying:
(1) an initial rental payment; or
(2) multiple regular rental payments;
before the rental payments' scheduled due dates.
As added by P.L.35-2010, SEC.90. Amended by P.L.69-2018, SEC.38.
2023 Indiana Code › Title 24. Trade Regulation › Article 7. Rental Purchase Agreements › Chapter 5. Additional Charges › 24-7-5-1. Nonrefundable Processing Fee

Sec. 1. A lessor may contract for and receive an initial nonrefundable processing fee not to exceed ten dollars ($10).
As added by P.L.254-1987, SEC.1. Amended by P.L.138-1990, SEC.6.
2023 Indiana Code › Title 24. Trade Regulation › Article 7. Rental Purchase Agreements › Chapter 5. Additional Charges › 24-7-5-2. Security Deposit Refunds

Sec. 2. A lessor may refuse to refund any part of a security deposit provided by a lessee only under the conditions authorized in the rental purchase agreement.
As added by P.L.254-1987, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 7. Rental Purchase Agreements › Chapter 5. Additional Charges › 24-7-5-3. Delivery Charges

Sec. 3. (a) A lessor may contract for and receive a reasonable delivery charge if the lessor actually delivers the item to the lessee at a place other than the lessor's place of business.
(b) The delivery charge may be assessed in lieu of and not in addition to any initial processing charge imposed under section 1 of this chapter.
As added by P.L.254-1987, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 7. Rental Purchase Agreements › Chapter 5. Additional Charges › 24-7-5-4. Rental Payment Pickup Charges

Sec. 4. (a) A lessor may contract for and receive a charge for picking up rental or other payments from the lessee if the lessor is required or requested to visit the lessee to pick up a payment at a place other than the lessor's place of business.
(b) A charge assessed under this section may not exceed ten dollars ($10).
As added by P.L.254-1987, SEC.1. Amended by P.L.138-1990, SEC.7.
2023 Indiana Code › Title 24. Trade Regulation › Article 7. Rental Purchase Agreements › Chapter 5. Additional Charges › 24-7-5-5. Late Charges or Delinquency Fees

Sec. 5. (a) The parties to a rental purchase agreement may contract for late charges or delinquency fees as follows:
(1) For agreements with monthly renewal dates, a late charge not exceeding eight dollars ($8) may be assessed on any rental payment not made within five (5) days after:
(A) the renewal date for the agreement; or
(B) the return of the property is required under the rental purchase agreement.
(2) For agreements with weekly or biweekly renewal dates, a late charge not exceeding the amount specified in subsection (e) may be assessed on any rental payments not made within two (2) days after:
(A) the renewal date for the agreement; or
(B) the return of the property is required under the agreement.
(b) A late charge on a rental purchase agreement may be assessed only once on any accrued regular rental payment, no matter how long it remains unpaid.
(c) A late charge may be collected at any time after it accrues.
(d) A late charge may not be assessed against a regular rental payment that is timely made, even though an earlier late charge has not been paid in full.
(e) The amount that may be assessed under subsection (a)(2) is as follows:
(1) Three dollars ($3) for any payment not greater than twenty dollars ($20).
(2) Five dollars ($5) for any payment greater than twenty dollars ($20).
As added by P.L.254-1987, SEC.1. Amended by P.L.138-1990, SEC.8; P.L.14-1992, SEC.63; P.L.213-2007, SEC.30; P.L.217-2007, SEC.29; P.L.69-2018, SEC.39; P.L.176-2019, SEC.34.
2023 Indiana Code › Title 24. Trade Regulation › Article 7. Rental Purchase Agreements › Chapter 5. Additional Charges › 24-7-5-5.5. Returned Payment Fee

Sec. 5.5. A lessor may contract for and charge a returned payment fee not to exceed twenty-five dollars ($25) for each return by a bank or other depository institution of a dishonored check, electronic funds transfer, negotiable order of withdrawal, or share draft issued by the lessee.
As added by P.L.213-2007, SEC.31; P.L.217-2007, SEC.30. Amended by P.L.69-2018, SEC.40.
2023 Indiana Code › Title 24. Trade Regulation › Article 7. Rental Purchase Agreements › Chapter 5. Additional Charges › 24-7-5-6. Reinstatement Fee

Sec. 6. A reinstatement fee imposed under IC 24-7-6-2 may not exceed five dollars ($5).
As added by P.L.254-1987, SEC.1. Amended by P.L.138-1990, SEC.9.
2023 Indiana Code › Title 24. Trade Regulation › Article 7. Rental Purchase Agreements › Chapter 5. Additional Charges › 24-7-5-7. Sales and Use Taxes

Sec. 7. In addition to those charges allowable by this chapter, the lessor may require the lessee to pay any state sales and use taxes levied in connection with a rental purchase agreement.
As added by P.L.254-1987, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 7. Rental Purchase Agreements › Chapter 5. Additional Charges › 24-7-5-8. Official Fees

Sec. 8. In addition to those charges allowable by this chapter, a lessor may contract for and receive from the lessee an amount equal to all official fees required to be paid under a rental purchase agreement.
As added by P.L.254-1987, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 7. Rental Purchase Agreements › Chapter 5. Additional Charges › 24-7-5-10. Liability of Lessee for Replacement Cost of Leased Property; Fair Market Value

Sec. 10. (a) If a lessee is liable to a lessor for the replacement cost of property leased under a rental purchase agreement, the lessor may not charge the lessee more than the fair market value for the property.
(b) For purposes of subsection (a), fair market value shall be determined by the lessor in the same manner, and using the same method, that would apply if the lessee were exercising an early purchase option under the rental purchase agreement.
As added by P.L.138-1990, SEC.10. Amended by P.L.69-2018, SEC.41.
2023 Indiana Code › Title 24. Trade Regulation › Article 7. Rental Purchase Agreements › Chapter 5. Additional Charges › 24-7-5-12. Fee for Accepting Rental Payments by Telephone

Sec. 12. (a) A lessor may contract for and receive a fee for accepting rental payments by telephone in connection with a rental purchase agreement, if all of the following conditions are met:
(1) The fee is assessed only upon request by the lessee for the underlying payment by telephone service.
(2) The payment by telephone service is not established in advance, under the rental purchase agreement or otherwise, as the expected method for making rental payments under the rental purchase agreement.
(3) The fee does not exceed three dollars ($3).
(4) The lessee retains the right to make rental payments by payment methods in connection with which no additional fee would be assessed or incurred (including in-person payments and payments by mail) as a result of such alternative payment methods.
(5) The fee is contracted for and disclosed by the lessor in the rental purchase agreement.
(6) The lessor posts a sign at each store location disclosing to existing and prospective lessees:
(A) the amount of the fee;
(B) the lessee's right and option to make rental payments by alternative payment methods and not be assessed or incur an additional fee; and
(C) the alternative payment methods offered by the lessor in connection with which no additional fee would be assessed or incurred.
(7) The lessor's books and records provide an audit trail sufficient to allow the department and its examiners to confirm the lessee's compliance with the conditions listed in subdivisions (1) through (6).
(b) A fee may not be charged under this section unless there is interaction between a live employee or representative of the lessor and the lessee.
As added by P.L.222-2013, SEC.4. Amended by P.L.85-2020, SEC.18; P.L.159-2020, SEC.69.