reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 27. Intrastate Inmate Calling Services › 24-5-27-26. Contracts for Inmate Calling Services in Violation of This Chapter Prohibited

Sec. 26. (a) After June 30, 2022, a provider shall not enter into or renew a contract with:
(1) the department of correction; or
(2) any:
(A) county;
(B) city; or
(C) public or private agency or organization;
that operates a correctional facility in Indiana;
for the provision of inmate calling services at a correctional facility unless the terms of the contract comply with this chapter.
(b) Any term, condition, or provision that:
(1) is included in a contract that is entered into or renewed after June 30, 2022, for the provision of inmate calling services at a correctional facility; and
(2) violates this chapter;
is void.
As added by P.L.34-2022, SEC.8.
2023 Indiana Code › Title 24. Trade Regulation › Article 5. Consumer Sales › Chapter 27. Intrastate Inmate Calling Services › 24-5-27-27. Violation of This Chapter a Deceptive Act

Sec. 27. A provider that violates this chapter:
(1) commits a deceptive act that is actionable by the attorney general or by a consumer under IC 24-5-0.5-4; and
(2) is subject to the remedies and penalties under IC 24-5-0.5.
As added by P.L.34-2022, SEC.8.
2023 Indiana Code › Title 24. Trade Regulation › Article 5.5. Mortgage Rescue Protection Fraud › Chapter 1. Application › 24-5.5-1-1. Application of Article

Sec. 1. This article does not apply to the following:
(1) A person organized or chartered under the laws of this state, any other state, or the United States that relate to a bank, a trust company, a savings association, a savings bank, a credit union, or an industrial loan and investment company.
(2) The Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, or a Federal Home Loan Bank.
(3) A department or agency of the United States or of Indiana.
(4) A person that is servicing or enforcing a loan that it owns.
(5) A person that is servicing a loan:
(A) for a person described in subdivisions (1) through (4); or
(B) insured by the Department of Housing and Urban Development or guaranteed by the Veterans Administration.
(6) An attorney licensed to practice law in Indiana who is representing a mortgagor.
As added by P.L.209-2007, SEC.2. Amended by P.L.105-2009, SEC.4; P.L.68-2010, SEC.1.
2023 Indiana Code › Title 24. Trade Regulation › Article 5.5. Mortgage Rescue Protection Fraud › Chapter 2. Definitions › 24-5.5-2-2. "Foreclosure Consultant"

Sec. 2. "Foreclosure consultant" means a person who, directly or indirectly, makes a solicitation, a representation, or an offer to a homeowner to perform, with or without compensation, any service that the person represents will:
(1) prevent or postpone the initiation of a foreclosure proceeding, or reverse the effect of a foreclosure proceeding;
(2) allow the homeowner to become a lessee or renter in the homeowner's residence during or after a foreclosure proceeding; or
(3) allow the homeowner to have an option to repurchase the homeowner's residence after a foreclosure proceeding.
As added by P.L.209-2007, SEC.2.
2023 Indiana Code › Title 24. Trade Regulation › Article 5.5. Mortgage Rescue Protection Fraud › Chapter 2. Definitions › 24-5.5-2-4. "Foreclosure Reconveyance"

Sec. 4. "Foreclosure reconveyance" means a transaction involving:
(1) the transfer of interest in real property by a homeowner to a person during or incident to a proposed foreclosure proceeding, either by:
(A) transfer of interest from the homeowner to the person; or
(B) creation of a mortgage, trust, or other lien or encumbrance during the foreclosure process;
that allows the person to obtain legal or equitable title to all or part of the real property; and
(2) the subsequent conveyance, or promise of subsequent conveyance, of interest back to the homeowner by the person or the person's agent that allows the homeowner to possess the real property following the completion of the foreclosure proceeding.
As added by P.L.209-2007, SEC.2.
2023 Indiana Code › Title 24. Trade Regulation › Article 5.5. Mortgage Rescue Protection Fraud › Chapter 2. Definitions › 24-5.5-2-5. "Formal Settlement"

Sec. 5. "Formal settlement" means a face-to-face meeting with a homeowner to complete final documents incident to the:
(1) sale or transfer of real property; or
(2) creation of a mortgage or equitable interest in real property;
conducted by a person who is not employed by or an affiliate of the foreclosure purchaser.
As added by P.L.209-2007, SEC.2.
2023 Indiana Code › Title 24. Trade Regulation › Article 5.5. Mortgage Rescue Protection Fraud › Chapter 2. Definitions › 24-5.5-2-6. "Homeowner"

Sec. 6. "Homeowner" means a person who holds record title to residential real property as of the date on which:
(1) a contract with a foreclosure consultant; or
(2) a foreclosure reconveyance agreement;
with respect to the residential real property is entered into.
As added by P.L.209-2007, SEC.2.
2023 Indiana Code › Title 24. Trade Regulation › Article 5.5. Mortgage Rescue Protection Fraud › Chapter 4. Rescission of Contracts With Foreclosure Consultants and Foreclosure Reconveyance Agreements › 24-5.5-4-1. Homeowner's Right to Rescind Foreclosure Consultant Contract and Foreclosure Reconveyance Agreement; Timing

Sec. 1. In addition to any other right under law to cancel or rescind a contract, a homeowner may rescind a:
(1) contract with a foreclosure consultant at any time before midnight of the seventh business day after the date the contract is signed; and
(2) foreclosure reconveyance agreement at any time before midnight of the seventh business day after the homeowner's transfer of the interest in the real property that is the subject of the agreement, as described in IC 24-5.5-2-4(1).
As added by P.L.209-2007, SEC.2.
2023 Indiana Code › Title 24. Trade Regulation › Article 5.5. Mortgage Rescue Protection Fraud › Chapter 4. Rescission of Contracts With Foreclosure Consultants and Foreclosure Reconveyance Agreements › 24-5.5-4-2. Notice of Rescission of Foreclosure Consultant Contract

Sec. 2. A homeowner effectively rescinds a contract with a foreclosure consultant if the homeowner gives written notice of a rescission to the foreclosure consultant by one (1) of the following:
(1) Mailing the rescission to the address specified in the contract.
(2) Sending the rescission through any facsimile or electronic mail address identified in the contract or other material provided to the homeowner by the foreclosure consultant.
As added by P.L.209-2007, SEC.2.
2023 Indiana Code › Title 24. Trade Regulation › Article 5.5. Mortgage Rescue Protection Fraud › Chapter 4. Rescission of Contracts With Foreclosure Consultants and Foreclosure Reconveyance Agreements › 24-5.5-4-3. Notice Sent by Mail; Time of Effectiveness; Inconsistent Rescission Requirements

Sec. 3. (a) If a notice of rescission under this chapter is sent by mail, the rescission is effective three (3) days after the notice is deposited in the U.S. mail, properly addressed, with postage prepaid.
(b) A homeowner is not required to give notice of rescission in the form required under the contract if the form under the contract is inconsistent with the requirements under this chapter.
As added by P.L.209-2007, SEC.2.
2023 Indiana Code › Title 24. Trade Regulation › Article 5.5. Mortgage Rescue Protection Fraud › Chapter 4. Rescission of Contracts With Foreclosure Consultants and Foreclosure Reconveyance Agreements › 24-5.5-4-4. Homeowner's Duty to Repay Amounts Advanced Before Rescission

Sec. 4. (a) If a homeowner rescinds a contract with a foreclosure consultant or a foreclosure reconveyance agreement, the homeowner shall, not later than thirty (30) days after the date of rescission, repay any amounts paid or advanced by:
(1) the foreclosure consultant or the foreclosure consultant's agent under the terms of the foreclosure consulting contract; or
(2) a person under a foreclosure reconveyance agreement.
(b) A rescission by a homeowner under this chapter is void if the payments required under this section are not made within the time set forth in subsection (a).
As added by P.L.209-2007, SEC.2.
2023 Indiana Code › Title 24. Trade Regulation › Article 5.5. Mortgage Rescue Protection Fraud › Chapter 4. Rescission of Contracts With Foreclosure Consultants and Foreclosure Reconveyance Agreements › 24-5.5-4-5. Foreclosure Consultant's Duty to Return Payments Made by Homeowner

Sec. 5. If a homeowner rescinds a contract with a foreclosure consultant, not less than ten (10) days following the effective date of the rescission, the consultant shall return to the homeowner any payments made by the homeowner, less any amounts for actual services rendered.
As added by P.L.209-2007, SEC.2.
2023 Indiana Code › Title 24. Trade Regulation › Article 5.5. Mortgage Rescue Protection Fraud › Chapter 5. Limitations on Foreclosure Consultants and Foreclosure Reconveyances › 24-5.5-5-1. Rebuttable Presumptions; Homeowner's Ability to Pay Upon Reconveyance

Sec. 1. For purposes of this chapter, there is a rebuttable presumption that:
(1) a homeowner has a reasonable ability to pay for a subsequent reconveyance of real property if the homeowner's payments for primary housing expenses and regular principal and interest payments on other personal debt, on a monthly basis, do not exceed sixty percent (60%) of the homeowner's monthly gross income; and
(2) the foreclosure purchaser has not verified reasonable payment ability if the foreclosure purchaser has not obtained documents other than a statement by the homeowner of assets, liability, and income.
As added by P.L.209-2007, SEC.2.
2023 Indiana Code › Title 24. Trade Regulation › Article 5.5. Mortgage Rescue Protection Fraud › Chapter 5. Limitations on Foreclosure Consultants and Foreclosure Reconveyances › 24-5.5-5-2. Foreclosure Consultants; Prohibited Acts

Sec. 2. In addition to any prohibitions that apply under IC 24-5-15-1 through IC 24-5-15-8, a foreclosure consultant may not:
(1) enter into or attempt to enter into a foreclosure consultant contract with a homeowner unless the foreclosure consultant first provides the homeowner written notice of the homeowner's rights under this article;
(2) demand or receive compensation until after the foreclosure consultant has fully performed all services the foreclosure consultant contracted to perform or represented that the foreclosure consultant would perform, unless the foreclosure consultant complies with the security requirements under IC 24-5-15-8;
(3) demand or receive a fee, interest, or any other compensation that exceeds eight percent (8%) per year of the amount of any loan that the foreclosure consultant makes to the homeowner;
(4) take a wage assignment, a lien of any type on real or personal property, or any other security to secure the payment of compensation;
(5) receive consideration from a third party in connection with foreclosure consulting services provided to a homeowner unless the consideration is first fully disclosed in writing to the homeowner;
(6) acquire any interest, directly or indirectly, in residential real property in foreclosure from a homeowner with whom the foreclosure consultant has contracted;
(7) except to inspect documents as provided by law, take any power of attorney from a homeowner for any purpose;
(8) execute any contract or agreement with a homeowner or receive money or other valuable consideration from a homeowner without providing the homeowner with the written statement required by IC 24-5-15-6; or
(9) fail to provide a homeowner with a written contract that includes the notice of cancellation required by IC 24-5-15-7.
As added by P.L.209-2007, SEC.2. Amended by P.L.231-2013, SEC.4.
2023 Indiana Code › Title 24. Trade Regulation › Article 5.5. Mortgage Rescue Protection Fraud › Chapter 5. Limitations on Foreclosure Consultants and Foreclosure Reconveyances › 24-5.5-5-3. Foreclosure Purchasers; Prohibited Acts

Sec. 3. A foreclosure purchaser may not enter into or attempt to enter into a foreclosure reconveyance agreement with a homeowner unless the:
(1) foreclosure purchaser verifies and demonstrates that the homeowner has or will have a reasonable ability to:
(A) pay for the subsequent reconveyance of the property back to the homeowner on completion of the terms of the foreclosure conveyance; or
(B) if the foreclosure conveyance provides for a lease with an option to repurchase the real property, make the lease payment and repurchase the real property within the period of the option to repurchase;
(2) foreclosure purchaser provides the homeowner written notice of the homeowner's rights under this article;
(3) foreclosure purchaser and the homeowner complete a formal settlement before any transfer of interest in the affected property; and
(4) foreclosure purchaser complies with the security requirements under IC 24-5-15-8.
As added by P.L.209-2007, SEC.2.
2023 Indiana Code › Title 24. Trade Regulation › Article 5.5. Mortgage Rescue Protection Fraud › Chapter 5. Limitations on Foreclosure Consultants and Foreclosure Reconveyances › 24-5.5-5-4. Foreclosure Purchasers; Duties to Homeowners

Sec. 4. A foreclosure purchaser shall:
(1) ensure that title to real property has been reconveyed to the homeowner in a timely manner if the terms of a foreclosure reconveyance agreement require a reconveyance; or
(2) if the real property subject to a foreclosure reconveyance agreement is sold within eighteen (18) months after entering into the foreclosure reconveyance agreement, make payment to the homeowner not later than ninety (90) days after the resale of the real property in an amount equal to at least sixty-six percent (66%) of the net proceeds from the resale of the property.
As added by P.L.209-2007, SEC.2.
2023 Indiana Code › Title 24. Trade Regulation › Article 5.5. Mortgage Rescue Protection Fraud › Chapter 5. Limitations on Foreclosure Consultants and Foreclosure Reconveyances › 24-5.5-5-5. Foreclosure Purchasers; Unfair Conduct; Prohibited Representations and Acts

Sec. 5. A foreclosure purchaser may not:
(1) enter into repurchase or lease terms as part of the foreclosure reconveyance that are unfair or commercially unreasonable or engage in any other unfair conduct;
(2) represent, directly or indirectly, that the:
(A) foreclosure purchaser is acting:
(i) as an adviser or a consultant; or
(ii) in any other manner on behalf of the homeowner;
(B) foreclosure purchaser is assisting the homeowner to save the residence; or
(C) foreclosure purchaser is assisting the homeowner in preventing a foreclosure if the result of the transaction is that the homeowner will not complete a redemption of the property; or
(3) until the homeowner's right to rescind or cancel the foreclosure reconveyance agreement has expired:
(A) record any document, including an instrument or conveyance, signed by the homeowner; or
(B) transfer to a third party or encumber, or purport to transfer to a third party or encumber, any interest in the residential real property in foreclosure.
As added by P.L.209-2007, SEC.2.
2023 Indiana Code › Title 24. Trade Regulation › Article 5.5. Mortgage Rescue Protection Fraud › Chapter 5. Limitations on Foreclosure Consultants and Foreclosure Reconveyances › 24-5.5-5-6. Foreclosure Purchasers; Accounting to Homeowner After Resale of Property

Sec. 6. A foreclosure purchaser shall make a detailed accounting of the basis for the amount of payment made to a homeowner of real property resold within eighteen (18) months after entering into a foreclosure reconveyance agreement on a form prescribed by the attorney general.
As added by P.L.209-2007, SEC.2.
2023 Indiana Code › Title 24. Trade Regulation › Article 5.5. Mortgage Rescue Protection Fraud › Chapter 5. Limitations on Foreclosure Consultants and Foreclosure Reconveyances › 24-5.5-5-7.2. Duty to Retain Records for Three Years

Sec. 7.2. A foreclosure consultant shall retain all records and documents, including the foreclosure consultant contract, related to services performed on behalf of a homeowner for at least three (3) years after the termination or conclusion of the foreclosure consultant contract entered into by the foreclosure consultant and the homeowner.
As added by P.L.52-2009, SEC.3; P.L.105-2009, SEC.6.
2023 Indiana Code › Title 24. Trade Regulation › Article 5.5. Mortgage Rescue Protection Fraud › Chapter 5. Limitations on Foreclosure Consultants and Foreclosure Reconveyances › 24-5.5-5-8. Foreclosure Consultant Representations

Sec. 8. A foreclosure consultant may not represent to a homeowner that the foreclosure consultant is endorsed, sponsored, or affiliated with any governmental or government sponsored agency or program.
As added by P.L.231-2013, SEC.5.
2023 Indiana Code › Title 24. Trade Regulation › Article 5.5. Mortgage Rescue Protection Fraud › Chapter 6. Enforcement › 24-5.5-6-1. Violations; Deceptive Act; Class a Misdemeanor

Sec. 1. A person who knowingly or intentionally violates this article commits:
(1) a Class A misdemeanor;
(2) a deceptive act that is actionable by the attorney general under IC 24-5-0.5-4 and is subject to the penalties and remedies available to the attorney general under IC 24-5-0.5; and
(3) a deceptive act that is actionable by the attorney general under IC 24-9-8-2 and is subject to the penalties and remedies available to the attorney general under IC 24-9.
As added by P.L.209-2007, SEC.2. Amended by P.L.114-2010, SEC.17; P.L.231-2013, SEC.6.
2023 Indiana Code › Title 24. Trade Regulation › Article 5.5. Mortgage Rescue Protection Fraud › Chapter 6. Enforcement › 24-5.5-6-2. Homeowner's Cause of Action; Damages; Attorney's Fees

Sec. 2. (a) A homeowner may bring an action against a person for damages incurred as a result of a violation of this article.
(b) A homeowner who:
(1) brings an action under this section; and
(2) is awarded damages;
may seek reasonable attorney's fees.
As added by P.L.209-2007, SEC.2.
2023 Indiana Code › Title 24. Trade Regulation › Article 5.5. Mortgage Rescue Protection Fraud › Chapter 6. Enforcement › 24-5.5-6-3. Attorney's Fees; Treble Damages

Sec. 3. (a) A court may award attorney's fees under section 2(b) of this chapter.
(b) If the court finds that a person willfully or knowingly violated this article, the court may award damages equal to three (3) times the amount of actual damages.
As added by P.L.209-2007, SEC.2.
2023 Indiana Code › Title 24. Trade Regulation › Article 5.5. Mortgage Rescue Protection Fraud › Chapter 6. Enforcement › 24-5.5-6-4. Indiana Housing and Community Development Authority; List of Nonprofit Organizations

Sec. 4. (a) The Indiana housing and community development authority shall maintain a list of nonprofit organizations that:
(1) offer counseling or advice to homeowners in foreclosure or loan defaults; and
(2) do not contract for services with for-profit lenders or foreclosure purchasers.
(b) The Indiana housing and community development authority shall provide names and telephone numbers of the organizations described in subsection (a) to a homeowner upon request.
As added by P.L.209-2007, SEC.2.
2023 Indiana Code › Title 24. Trade Regulation › Article 5.5. Mortgage Rescue Protection Fraud › Chapter 6. Enforcement › 24-5.5-6-6. Credit Services Organizations Statute Not Preempted

Sec. 6. Except as provided in IC 24-5-15-7(d), this article may not be construed to preempt the provisions of IC 24-5-15-1 through IC 24-5-15-11.
As added by P.L.209-2007, SEC.2.
2023 Indiana Code › Title 24. Trade Regulation › Article 6. Weights, Measures, and Labeling › Chapter 1. Standard Weights and Measures › 24-6-1-1. Standards; Violation

Sec. 1. (a) The avoirdupois weight of beef or pork in each barrel shall be two hundred (200) pounds; and of flour in each barrel, one hundred and ninety-six (196) pounds; of sorghum molasses, eleven (11) pounds per gallon; of maple molasses, eleven (11) pounds per gallon; of hay, straw, ice, coal or coke, two thousand (2,000) pounds shall be given and taken for a ton. A bushel of the respective articles described in this section shall mean the amount of weight, avoirdupois, in this section specified, as follows:
Of wheat, sixty (60) pounds;
Of oats, thirty-two (32) pounds;
Of buckwheat, fifty (50) pounds;
Of popcorn, fifty-six (56) pounds;
Of cornmeal, fifty (50) pounds;
Of shelled corn, fifty-six (56) pounds;
Of corn in the ear until December 1, seventy (70) pounds; corn in the ear after December 1, sixty-eight (68) pounds;
Of rye, fifty-six (56) pounds;
Of barley, forty-eight (48) pounds;
Of malt rye, thirty-five (35) pounds;
Of flax seed, fifty-six (56) pounds;
Of kaffir corn, fifty-six (56) pounds;
Of rough rice, forty-five (45) pounds;
Of beans, sixty (60) pounds;
Of cow peas, sixty (60) pounds;
Of soy soja beans, sixty (60) pounds;
Of clover seed, sixty (60) pounds;
Of hemp seed, forty-four (44) pounds;
Of sorghum seed, fifty (50) pounds;
Of blue grass seed, fourteen (14) pounds;
Of orchard grass seed, fourteen (14) pounds;
Of timothy seed, forty-five (45) pounds;
Of millet, fifty (50) pounds;
Of herds-grass seed, forty-five (45) pounds;
Of rape seed, fifty (50) pounds;
Of red top grass seed, fourteen (14) pounds;
Of alfalfa seed, sixty (60) pounds;
Of peaches, forty-eight (48) pounds;
Of dried peaches, thirty-three (33) pounds;
Of apples, forty-two (42) pounds;
Of dried apples, twenty-five (25) pounds;
Of quinces, forty-eight (48) pounds;
Of pears, fifty (50) pounds;
Of onions, fifty-seven (57) pounds;
Of beets, sixty (60) pounds;
Of carrots, fifty (50) pounds;
Of parsnips, fifty-five (55) pounds;
Of turnips, fifty-five (55) pounds;
Of tomatoes, sixty (60) pounds;
Of cucumbers, forty-eight (48) pounds;
Of potatoes, sixty (60) pounds;
Of sweet potatoes, fifty (50) pounds;
Of cranberries, thirty-three (33) pounds;
Of gooseberries, forty (40) pounds;
Of hickory nuts, fifty (50) pounds;
Of walnuts, fifty (50) pounds;
Of middlings, coarse, thirty (30) pounds;
Of bran, twenty (20) pounds;
Of coal, mineral, eighty (80) pounds;
Of charcoal, twenty (20) pounds;
Of coke, forty (40) pounds;
Of coarse salt, fifty (50) pounds;
Of fine salt, fifty-five (55) pounds.
(b) A person who buys or sells any of the articles or commodities enumerated in this section at a measure or fraction of a measure differing in the weight from the standard prescribed in this section commits a Class B misdemeanor.
Formerly: Acts 1905, c.169, s.697; Acts 1917, c.153, s.1. As amended by Acts 1976, P.L.118, SEC.1; Acts 1978, P.L.2, SEC.2417; P.L.136-2018, SEC.140.
2023 Indiana Code › Title 24. Trade Regulation › Article 6. Weights, Measures, and Labeling › Chapter 2. Retention of Weights and Measures by Counties › 24-6-2-1. Procurement of Weights and Measures

Sec. 1. The several boards of county commissioners within this state be, and they are hereby authorized and required to procure for their respective counties, and at the expense of the same, a set of the following measures and weights for the use of their county: that is; one (1) measure of one (1) foot or twelve (12) inches, English measure, so-called; also one (1) measure of three (3) feet, or thirty-six (36) inches, as aforesaid; also, one half (1/2) bushel measure for dry measure, which shall contain one thousand seventy-five and one-fifth (1,075 1/5) solid inches; also one gallon measure, which shall contain two hundred and thirty-one (231) solid inches; which measures are to be of wood or of any metal the court may think proper; also, one (1) set of weights commonly called avoirdupois weights; and sealed with the name or initial letters of the county inscribed thereon; and shall be kept by the county auditor of each and every county in this state, for the purpose of trying and sealing the weights and measures used in their counties.
Formerly: Acts 1852, 1RS, c.117, s.1. As amended by P.L.137-2021, SEC.6.
2023 Indiana Code › Title 24. Trade Regulation › Article 6. Weights, Measures, and Labeling › Chapter 3. State and Local Weights and Measures Program › 24-6-3-1. Weights and Measures Furnished by United States Government

Sec. 1. The:
(1) standard weights and measures furnished by the government of the United States and certified by the National Institute of Standards and Technology; and
(2) weights, measures, balances, and apparatus as may be added by the division of weights and measures and verified by the National Institute of Standards and Technology;
are the standards by which all state, county, and city standards shall be tried, proved, and sealed.
Formerly: Acts 1925, c.86, s.1. As amended by P.L.3-1989, SEC.142; P.L.2-1992, SEC.749.
2023 Indiana Code › Title 24. Trade Regulation › Article 6. Weights, Measures, and Labeling › Chapter 3. State and Local Weights and Measures Program › 24-6-3-2. Division of Weights and Measures; Powers and Duties

Sec. 2. (a) The division of weights and measures shall take charge of the standards adopted by this chapter as the standards of the state, cause them to be kept in a fireproof building belonging to the state, and from which they shall not be removed except for repairs or for certification, and take all other necessary precautions for their safekeeping.
(b) The division shall maintain the state standards in good order and shall submit them once in ten (10) years to the National Institute of Standards and Technology for certification. The division or inspectors at the division's direction, shall correct the standards of the several cities and counties, and as often as once in two (2) years compare the same with those in the division's possession, and where not otherwise provided by law the division shall have the general supervision of the weights, measures, and measuring and weighing devices in use in Indiana.
(c) The division of weights and measures is also authorized to adopt rules, specifications, and tolerances necessary for the enforcement of this chapter. The division shall, upon the written request of any Indiana citizen, firm, corporation, limited liability company, or institution, test or calibrate weights, measures, weighing, or measuring devices and instruments or apparatus used as standards in Indiana. The division or inspectors at the division's direction, shall at least once annually test all scales, weights, and measures and devices used in checking the receipt or disbursement of supplies in every institution under the jurisdiction of the department of child services and the division shall report in writing the findings to the executive officer of the institution concerned.
(d) The division of weights and measures shall keep a complete record of the standards, balances, and other apparatus belonging to the state and take a receipt for the same from the successor in office to the head of the division.
(e) The division or inspectors at the division's direction, shall at least once in two (2) years visit the various cities and counties in Indiana that have appointed sealers of weights and measures in order to inspect the work of the local sealers. In the performance of such duties, the division may inspect the weights, measures, balances, or any other weighing or measuring appliances of any person.
(f) The division of weights and measures shall issue from time to time rules for the guidance of state, county, and city sealers or inspectors. The rules shall govern the procedure to be followed by those officers in the discharge of their duties.
Formerly: Acts 1925, c.86, s.2. As amended by Acts 1978, P.L.2, SEC.2418; Acts 1979, P.L.17, SEC.38; Acts 1981, P.L.33, SEC.29; P.L.3-1989, SEC.143; P.L.2-1992, SEC.750; P.L.8-1993, SEC.365; P.L.145-2006, SEC.156.
2023 Indiana Code › Title 24. Trade Regulation › Article 6. Weights, Measures, and Labeling › Chapter 3. State and Local Weights and Measures Program › 24-6-3-3. County Inspectors; Appointment; Compensation

Sec. 3. The board of commissioners of every county of thirty thousand (30,000) population or more shall, and the board of commissioners of any county of less than thirty thousand (30,000) population may appoint a county inspector of weights and measures. No person shall be appointed as a county inspector of weights and measures in any county unless such person shall have been approved by the division of weights and measures of the Indiana department of health, and no county inspector of weights and measures in any county shall be removed by the board of commissioners without the approval and consent of the division of weights and measures. The compensation of a county inspector of weights and measures shall be determined by the board and paid out of the county treasury. It shall not be obligatory upon the board of county commissioners of such counties containing a city or cities which are already provided with an inspector of weights and measures or city sealers to make such appointments. The board shall provide the necessary apparatus and supplies for the said inspector of weights and measures and the county councils of such counties shall appropriate such sums of money as are necessary for the salary and maintenance of the office. Two (2) or more adjoining counties, by appropriate action of the boards of commissioners of such counties, may form an inspection district and provide by mutual agreement for the appointment of a district inspector of weights and measures. The compensation of such inspector shall be apportioned among the counties forming the district in proportion to the population thereof.
Formerly: Acts 1925, c.86, s.3; Acts 1955, c.229, s.1. As amended by P.L.152-1986, SEC.85; P.L.2-1992, SEC.751; P.L.56-2023, SEC.215.
2023 Indiana Code › Title 24. Trade Regulation › Article 6. Weights, Measures, and Labeling › Chapter 3. State and Local Weights and Measures Program › 24-6-3-4. City Inspectors; Appointment, Service and Removal

Sec. 4. (a) The legislative body of a city having a population of at least twenty thousand (20,000) may provide for the appointment by the board of public safety of an inspector of weights and measures and provide for the inspector's compensation and for the necessary apparatus and expenses to be paid out of the city treasury. The inspector of weights and measures shall serve continuously during good behavior under the provisions of IC 36-8-3-4 governing the fire and police force. The inspector of weights and measures shall not be removed for any political reason and only for good and sufficient cause after an opportunity for hearing is given by the board of public safety. However, this subsection does not affect the power of the division of weights and measures of the Indiana department of health to discharge county or city inspectors of weights and measures under section 6 of this chapter.
(b) A person may not be appointed as a city inspector of weights and measures unless the person is approved by the division of weights and measures. A city inspector of weights and measures may not be removed without the approval and consent of the division of weights and measures.
(c) The same person may be employed as a city and county inspector of weights and measures. If the same person is so employed, the compensation and expenses of the inspector shall be divided between the city and county, as agreed upon under IC 36-1-7.
(d) If a city having a population of at least twenty thousand (20,000) does not provide for the appointment of an inspector of weights and measures, the executive of the county containing the city shall require the county inspector of weights and measures to perform those duties for that city.
Formerly: Acts 1925, c.86, s.4. As amended by Acts 1981, P.L.44, SEC.29; P.L.40-1989, SEC.41; P.L.2-1992, SEC.752; P.L.56-2023, SEC.216.
2023 Indiana Code › Title 24. Trade Regulation › Article 6. Weights, Measures, and Labeling › Chapter 3. State and Local Weights and Measures Program › 24-6-3-5. Powers and Duties of County and City Inspectors

Sec. 5. The county or city inspector of weights and measures when appointed shall be a deputy inspector under the direction of the division of weights and measures. The inspector shall take charge of and safely keep the county or city standards. When not otherwise provided by law, the county or city inspector of weights and measures shall have the power within the county or city to inspect, test, try and ascertain if they are correct, all weights, scales, beams, measures of every kind, instruments or mechanical devices for measurement and the tools, appliances or accessories, connected with any or all such instruments or measurements used or employed within the county or city by any proprietor, agent, lessee or employee in determining the size, quantity, extent or measurement of quantities, things, produce, articles for distribution or consumption offered or submitted by such person or persons for sale, for hire or award. The inspector shall at least once in each year and as much oftener as he may deem necessary see that the weights, measures and all apparatus used in the county or city are correct. The county or city inspector of weights and measures shall keep a complete record of the work done by the inspector and shall make a monthly and annual report to the division and the board of county commissioners or to the mayor. The annual report shall be duly sworn and submitted to the division of weights and measures, not later than the fifteenth of October. Upon appointment, the county or city inspector of weights and measures shall, in the manner prescribed by IC 5-4-1, give a bond for the faithful performance of the duties of the office. The county inspector of weights and measures shall have jurisdiction over the whole county except as to incorporated cities which have provided for a city inspector of weights and measures under the provisions of this chapter.
Formerly: Acts 1925, c.86, s.5. As amended by Acts 1981, P.L.47, SEC.19; P.L.2-1992, SEC.753.
2023 Indiana Code › Title 24. Trade Regulation › Article 6. Weights, Measures, and Labeling › Chapter 3. State and Local Weights and Measures Program › 24-6-3-6. Qualifications of Inspectors; Discharge and Removal

Sec. 6. Only those persons shall be eligible to appointment to the position of county or city inspectors of weights and measures who on March 9, 1925, are county or city sealers or inspectors of weights and measures or who have passed an examination which shall be given by the division of weights and measures of the Indiana department of health to test the ability of the person so examined to perform satisfactorily the duties of a county or city inspector of weights and measures. If it is evident to the division of weights and measures that any county or city inspector of weights and measures is not properly and faithfully performing the duties of the office, the division of weights and measures shall have power to discharge such county or city inspector of weights and measures. Such removal, however, shall not be made until five (5) days' notice of the charge or charges shall have been mailed to him by the division, naming a time and place for a hearing not less than two (2) weeks later than the time of mailing such notice to the county or city inspector of weights and measures; provided, however, that any county or city inspector of weights and measures so removed by the division of weights and measures shall have the right to appeal from the action of the division to the circuit or superior court of the county in which such county or city inspector of weights and measures resides, and during the pendency of such appeal, such county or city inspector of weights and measures may serve in the inspector's official capacity. Any county or city inspector of weights and measures discharged as provided in this section shall be ineligible to hold the position of county or city inspector of weights and measures for four (4) years, and the vacancy shall be filled by the proper authorities as provided in this chapter.
Formerly: Acts 1925, c.86, s.6. As amended by P.L.152-1986, SEC.86; P.L.2-1992, SEC.754; P.L.56-2023, SEC.217.
2023 Indiana Code › Title 24. Trade Regulation › Article 6. Weights, Measures, and Labeling › Chapter 3. State and Local Weights and Measures Program › 24-6-3-7. Inspection of Devices; Confirmation to Legal Standards; Tagging Nonconforming Devices

Sec. 7. Whenever the inspector of the city or county or the division of weights and measures, or the division's inspectors test and compare scales, weights, measures, or weighing or measuring devices and finds that they correspond with the standards in the inspector's possession, the inspector shall seal and mark such scales, weights, measures, or weighing and measuring devices by stamping upon them the letters "Ind. S.," meaning Indiana Standard, and the last two (2) figures of the year in which the same is done. If any scales, weights, measures, or weighing or measuring devices, or parts thereof, be found not to conform to the legal standard the same may be tagged by the inspector "condemned until repaired" which tag shall not be removed until said apparatus is properly repaired. If the scales, weights, measures, or weighing or measuring devices, or parts thereof are found to be false and fraudulent, or can not be made to conform to the legal standard, the same shall be condemned and confiscated by the inspector.
Formerly: Acts 1925, c.86, s.7. As amended by P.L.2-1992, SEC.755; P.L.1-1993, SEC.196.
2023 Indiana Code › Title 24. Trade Regulation › Article 6. Weights, Measures, and Labeling › Chapter 3. State and Local Weights and Measures Program › 24-6-3-8. Seizure of Nonconforming Devices

Sec. 8. The division of weights and measures, the division's deputies and inspectors, and the county and city inspectors of weights and measures are hereby made special policemen and are authorized and empowered to arrest without formal warrant for any violation of the statutes in relation to scales, weights and measures, and to seize and use for evidence and without formal warrant any false weight, scales, measure, or weighing or measuring device, or packages or amounts of commodities found to be used, retained or offered or exposed for sale or sold in violation of law.
Formerly: Acts 1925, c.86, s.8. As amended by P.L.2-1992, SEC.756.
2023 Indiana Code › Title 24. Trade Regulation › Article 6. Weights, Measures, and Labeling › Chapter 3. State and Local Weights and Measures Program › 24-6-3-9. Entry Without Warrant; Prosecution; Hindrance of Inspector

Sec. 9. (a) The division of weights and measures, the division's agents, deputies, or inspectors, and the county and city inspectors of weights and measures may go into or upon without formal warrant any stand, place, building or premises, or may stop any vender, peddler, junk dealer, coal wagon, ice wagon, or any dealer, for the purpose of making the proper test and for the purpose of ascertaining the proper weights and measures of all commodities found therein or thereon. Whenever the division, the division's agents, deputies, or inspectors, or the county and city inspectors of weights and measures find a violation of law relating to weights and measures, the individual shall cause the violator to be prosecuted.
(b) No person may molest, hinder or obstruct in any way the division of weights and measures, the division's agents, deputies, or inspectors, or any county or city inspector of weights and measures in the performance of official duties.
Formerly: Acts 1925, c.86, s.9. As amended by Acts 1978, P.L.2, SEC.2419; P.L.2-1992, SEC.757.
2023 Indiana Code › Title 24. Trade Regulation › Article 6. Weights, Measures, and Labeling › Chapter 3. State and Local Weights and Measures Program › 24-6-3-10. Commodity Sold by Numerical Count; Weight per Ton

Sec. 10. All commodities shall be sold by standard weight or measure except as otherwise provided in this chapter; provided, however, that the provisions of this section shall not apply to commodities which are usually and customarily sold by numerical count, or in gross, or are sold in packages prepared and put up for sale; provided, that all commodities packed in such packages shall be so marked as to plainly indicate the net contents in terms of weight, measure, or numerical count; provided, also, that two thousand (2,000) pounds net avoirdupois shall constitute a ton.
Formerly: Acts 1925, c.86, s.10. As amended by P.L.152-1986, SEC.87.
2023 Indiana Code › Title 24. Trade Regulation › Article 6. Weights, Measures, and Labeling › Chapter 3. State and Local Weights and Measures Program › 24-6-3-10.5. Items That May Be Sold as Unweighed, Uncounted Units

Sec. 10.5. Notwithstanding any other provision, a packaged decorative fruit basket or a delicatessen tray or platter containing meat or cheese may be sold or offered for sale by weight, by numerical count, or as an unweighed, uncounted unit for sale.
As added by P.L.80-1999, SEC.4.
2023 Indiana Code › Title 24. Trade Regulation › Article 6. Weights, Measures, and Labeling › Chapter 3. State and Local Weights and Measures Program › 24-6-3-11. Use or Retention of False Scales; Removal of Tag

Sec. 11. No person, firm, limited liability company, or corporation shall use or retain in the person's, firm's, company's, or corporation's possession any false scales, weights, or measures or measuring device or any weight or measure or weighing or measuring device in the buying or selling of any commodity or thing or in calculating or measuring service, or dispose of any condemned scales, weights, measures, or weighing or measuring device, except in accordance with such rules, specifications, and tolerances as may be adopted by the division of weights and measures of the Indiana department of health as provided in section 2 of this chapter, or remove any tag, stamp, or mark placed thereon by the inspector; and no person, firm, limited liability company, or corporation shall sell or offer or expose for sale or deliver less than the quantity the person, firm, limited liability company, or corporation represents, or sell, offer for sale, or have in the person's, firm's, limited liability company's, or corporation's possession for the purpose of selling any false scales, weight, or measure, or any device or instrument to be used or calculated to falsify any weight or measure.
Formerly: Acts 1925, c.86, s.11. As amended by P.L.152-1986, SEC.88; P.L.2-1992, SEC.758; P.L.8-1993, SEC.366; P.L.56-2023, SEC.218.
2023 Indiana Code › Title 24. Trade Regulation › Article 6. Weights, Measures, and Labeling › Chapter 3. State and Local Weights and Measures Program › 24-6-3-12. Dry Capacity Measure; Sale of Fruits and Vegetables; Commodities; Original Standard Container; Definitions

Sec. 12. (a) All commodities shall be offered for sale or sold upon the basis of avoirdupois net weight or by numerical count only, and it shall be unlawful for anyone to use or employ any dry capacity measure, basket, barrel, or container of any kind as a means of determining the amounts or quantities of any commodities offered for sale or sold; provided, however, that the provisions of this chapter shall not be construed to apply to fruits and vegetables sold in the original standard container, nor to vegetables which by common custom are offered for sale or sold by the bunch; nor shall the provisions of this chapter be construed to apply to fresh berries and to other small fruits which are customarily offered for sale and sold by the box, basket, or other receptacle, except, however, when such fresh berries or such other small fruits are offered for sale or sold in bulk, in which case the provisions of this chapter shall apply to the extent that such fresh berries and such other small fruits shall be offered for sale and sold by avoirdupois net weight only; provided, further, however, that all fresh berries and such other small fruits when offered for sale or sold shall be so offered or sold in boxes, baskets, or receptacles of uniform size to hold one (1) quart or one (1) pint dry measure only, which said boxes, baskets, or other receptacles shall be uniformly and evenly filled throughout.
(b) The term "commodities" as used in this section shall be construed to mean commodities or articles (other than liquids) which are capable of being measured by dry capacity measure.
(c) The term "original standard container" as used in this section shall be construed to mean and include only barrels, boxes, baskets, hampers, or similar containers the dimensions or capacity of which is established by Indiana or federal statute, the contents of which have not been removed or repacked, and upon which is plainly and conspicuously marked the net quantity of contents thereof in terms of weight, measure, or numerical count.
Formerly: Acts 1925, c.86, s.12. As amended by P.L.152-1986, SEC.89.
2023 Indiana Code › Title 24. Trade Regulation › Article 6. Weights, Measures, and Labeling › Chapter 3. State and Local Weights and Measures Program › 24-6-3-13. Weighmaster; Appointment; Powers and Duties

Sec. 13. The division of weights and measures upon application of any county, city, town, corporation, limited liability company, individual, firm, association, or institution may designate one (1) or more employees or some other suitable person or persons, to act as weighmaster for such county, city, town, corporation, limited liability company, individual, firm, association, or institution. Such weighmaster shall be appointed for a specified term and shall, before entering upon official duties, make oath faithfully to execute trust as weighmaster. The division of weights and measures shall issue and keep record of a certificate of appointment which shall designate the location of the scale or scales or measuring devices to be operated by said weighmaster. The rights and duties of weighmasters shall be prescribed by the division and such weighmasters shall not receive compensation from the state for duties so performed. Any weighmaster who commits misconduct in the execution of duties shall forfeit the certificate as weighmaster.
Formerly: Acts 1925, c.86, s.13. As amended by Acts 1978, P.L.2, SEC.2420; P.L.2-1992, SEC.759; P.L.8-1993, SEC.367.
2023 Indiana Code › Title 24. Trade Regulation › Article 6. Weights, Measures, and Labeling › Chapter 3. State and Local Weights and Measures Program › 24-6-3-14. Definitions

Sec. 14. The word "person" as used in this chapter shall be considered to include also firms, copartnerships, limited liability companies, or corporations. The term "device" or "devices" as used in this chapter shall be construed to include all weights, scales, beams, mechanical devices, or other instruments. The word "sell", "sale", or "buy" as used in this chapter shall be construed to include barter and exchange.
Formerly: Acts 1925, c.86, s.14. As amended by P.L.152-1986, SEC.90; P.L.8-1993, SEC.368.
2023 Indiana Code › Title 24. Trade Regulation › Article 6. Weights, Measures, and Labeling › Chapter 3. State and Local Weights and Measures Program › 24-6-3-15. Violations

Sec. 15. A person who recklessly violates this chapter commits a Class B misdemeanor.
Formerly: Acts 1925, c.86, s.15. As amended by Acts 1978, P.L.2, SEC.2421.