reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 5. Crimes and Infractions › Chapter 12. Prohibition on Smoking › 7.1-5-12-7. Duties of Person in Charge of a Public Place

Sec. 7. (a) This section does not apply to an establishment or premises in which smoking is allowed under section 5 of this chapter.
(b) The owner, operator, manager, or official in charge of a public place shall do the following:
(1) Post conspicuous signs that read "Smoking Is Prohibited By State Law" or other similar language.
(2) Ask an individual who is smoking in violation of this chapter to refrain from smoking.
(3) Cause to be removed from the public place an individual who is smoking in violation of this chapter and fails to refrain from smoking after being asked to refrain from smoking.
(c) In addition to the requirements under subsection (b), the owner or operator of a restaurant shall post a conspicuous sign at each entrance to the restaurant informing the public that smoking is prohibited in the restaurant.
As added by P.L.141-2012, SEC.2.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 5. Crimes and Infractions › Chapter 12. Prohibition on Smoking › 7.1-5-12-8. Smoking in a Prohibited Area; Penalty

Sec. 8. (a) A person who smokes in an area where smoking is prohibited by this chapter commits prohibited smoking, a Class B infraction, except as provided in subsection (b).
(b) A person who smokes in an area where smoking is prohibited by this chapter commits prohibited smoking, a Class A infraction if the person has been adjudged to have committed at least three (3) prior unrelated infractions under:
(1) this section; or
(2) IC 16-41-37-4 (before its repeal).
As added by P.L.141-2012, SEC.2.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 5. Crimes and Infractions › Chapter 12. Prohibition on Smoking › 7.1-5-12-9. Civil Actions

Sec. 9. (a) A local health department may enforce this chapter by filing a civil action under IC 16-20-1-26.
(b) A health and hospital corporation may enforce this chapter by filing a civil action under IC 16-22-8-31.
(c) The department of homeland security may enforce this chapter by filing a civil action under IC 22-12-7-13.
As added by P.L.141-2012, SEC.2. Amended by P.L.187-2021, SEC.9.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 5. Crimes and Infractions › Chapter 12. Prohibition on Smoking › 7.1-5-12-10. Failure to Comply With Requirements; Penalty

Sec. 10. (a) An owner, manager, operator, or official in charge of a public place or place of employment who fails to comply with a requirement imposed by this chapter commits a Class B infraction, except as provided in subsection (b).
(b) A failure to comply described in subsection (a) is a Class A infraction if the owner, manager, operator, or official has been adjudged to have committed at least three (3) prior unrelated infractions under this chapter.
As added by P.L.141-2012, SEC.2.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 5. Crimes and Infractions › Chapter 12. Prohibition on Smoking › 7.1-5-12-11. Discharge, Refusal to Hire, or Retaliation Against Employee Prohibited

Sec. 11. An owner, a manager, or an employer shall not discharge, refuse to hire, or in any manner retaliate against an individual for:
(1) reporting a violation of this chapter; or
(2) exercising any right or satisfying any obligation under this chapter.
As added by P.L.141-2012, SEC.2.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 5. Crimes and Infractions › Chapter 12. Prohibition on Smoking › 7.1-5-12-12. Smoking in School Bus; Prohibited

Sec. 12. (a) As used in this section, "school bus" means a motor vehicle that is:
(1) designed and constructed for the accommodation of at least ten (10) passengers;
(2) owned or operated by a public or governmental agency, or privately owned and operated for compensation; and
(3) used for the transportation of school children to and from the following:
(A) School.
(B) School athletic games or contests.
(C) Other school functions.
(b) As used in this section, "school week" means a week that:
(1) begins on Monday and ends on Friday; and
(2) includes at least three (3) days during which, on each day, more than four (4) hours of classroom instruction are provided.
(c) A person who smokes in a school bus during a school week or while the school bus is being used for the transportation of school children to and from:
(1) a school;
(2) a school athletic game or contest; or
(3) another school function;
commits a Class B infraction, except as provided in subsection (d).
(d) A person who smokes in a school bus as described in subsection (c) commits a Class A infraction if the person, within the twelve (12) months immediately preceding the person's act of smoking in a school bus, committed at least three (3) prior unrelated acts of smoking in a school bus for which the person was adjudged to have committed infractions under this section.
As added by P.L.141-2012, SEC.2.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 5. Crimes and Infractions › Chapter 12. Prohibition on Smoking › 7.1-5-12-13. Local Ordinances

Sec. 13. (a) This chapter does not prohibit a county, city, town, or other governmental unit from adopting an ordinance more restrictive than this chapter.
(b) This chapter does not supersede a smoking ordinance that is adopted by a county, city, town, or other governmental unit before the effective date of this chapter and that is more restrictive than this chapter.
As added by P.L.141-2012, SEC.2.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 5. Crimes and Infractions › Chapter 12. Prohibition on Smoking › 7.1-5-12-14. Annual Report

Sec. 14. Beginning in 2013, the commission shall present an annual report to the interim study committee on public health, behavioral health, and human services established by IC 2-5-1.3-4 concerning the implementation and enforcement activities taken under this chapter. The report must include the number of smoking related inspections conducted and violations for the previous calendar year. The commission shall submit the report in electronic format under IC 5-14-6 to the legislative services agency not later than September 1 of each year.
As added by P.L.141-2012, SEC.2. Amended by P.L.53-2014, SEC.73.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 6. Youth Tobacco Sales and Enforcement › Chapter 1. Definitions › 7.1-6-1-2. "Person"

Sec. 2. "Person" has the meaning set forth in IC 35-31.5-2-234.
As added by P.L.256-1996, SEC.2. Amended by P.L.114-2012, SEC.16.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 6. Youth Tobacco Sales and Enforcement › Chapter 1. Definitions › 7.1-6-1-3. "Tobacco Product"

Sec. 3. "Tobacco product" means a product that:
(1) contains tobacco or nicotine;
(2) is intended for human consumption; and
(3) is not approved by the federal Food and Drug Administration for tobacco cessation.
As added by P.L.256-1996, SEC.2. Amended by P.L.220-2023, SEC.15.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 6. Youth Tobacco Sales and Enforcement › Chapter 2. Youth Tobacco Law Enforcement Authority › 7.1-6-2-0.3. Intent of General Assembly Regarding Implementation and Enforcement of Article

Sec. 0.3. It is the intent of the general assembly that this article be:
(1) implemented in an equitable and a uniform manner throughout Indiana; and
(2) enforced to ensure the eligibility for and receipt of any federal funds or grants that the state receives or may receive relating to P.L.256-1996.
As added by P.L.220-2011, SEC.181.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 6. Youth Tobacco Sales and Enforcement › Chapter 2. Youth Tobacco Law Enforcement Authority › 7.1-6-2-0.4. Payment of Penalties Under Section 8 of Chapter; No Imposition of Late Payment Penalties; Conditions

Sec. 0.4. Notwithstanding the addition of section 8 of this chapter by P.L.204-2001, a person may pay a civil penalty:
(1) to which section 8 of this chapter, as added by P.L.204-2001, applies; and
(2) that was imposed by a court before July 1, 2001;
before August 1, 2001, without the imposition of a late payment penalty or interest under section 8 of this chapter, as added by P.L.204-2001. After July 30, 2001, late payment penalties and interest shall be added to the civil penalty as if section 8 of this chapter, as added by P.L.204-2001, were in effect on the date that the civil penalty was imposed.
As added by P.L.220-2011, SEC.182.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 6. Youth Tobacco Sales and Enforcement › Chapter 2. Youth Tobacco Law Enforcement Authority › 7.1-6-2-1. Enforcement

Sec. 1. The commission, an Indiana law enforcement agency, the office of the sheriff of a county, or an organized police department of a municipal corporation may enforce this article to the extent necessary to ensure the state's compliance with:
(1) Section 1926 of the Public Health Service Act (42 U.S.C. 300x-26); and
(2) implementing regulations promulgated by the United States Department of Health and Human Services.
As added by P.L.256-1996, SEC.2.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 6. Youth Tobacco Sales and Enforcement › Chapter 2. Youth Tobacco Law Enforcement Authority › 7.1-6-2-2. Unannounced Inspections

Sec. 2. The division of mental health and addiction established under IC 12-21 shall coordinate the conduct of random unannounced inspections at locations where tobacco products, e-liquids, or electronic cigarettes are sold or distributed to ensure compliance with this article. Only the commission, an Indiana law enforcement agency, the office of the sheriff of a county, or an organized police department of a municipal corporation may conduct the random unannounced inspections. These entities may use retired or off-duty law enforcement officers to conduct inspections under this section.
As added by P.L.256-1996, SEC.2. Amended by P.L.215-2001, SEC.13; P.L.49-2020, SEC.9.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 6. Youth Tobacco Sales and Enforcement › Chapter 2. Youth Tobacco Law Enforcement Authority › 7.1-6-2-3. Sale of Cigarettes Without Health Warning Prohibited

Sec. 3. (a) It is unlawful for a person to sell cigarettes other than in an unopened package originating with the manufacturer that bears the health warning required by federal law.
(b) A person who violates this section commits a Class C infraction.
As added by P.L.256-1996, SEC.2.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 6. Youth Tobacco Sales and Enforcement › Chapter 2. Youth Tobacco Law Enforcement Authority › 7.1-6-2-4. Participation by Minor in Enforcement Action

Sec. 4. (a) An enforcement officer vested with full police powers and duties may engage a person less than twenty-one (21) years of age as part of an enforcement action under this article if the initial or contemporaneous receipt or purchase of a tobacco product, e-liquid, or electronic cigarette by a person less than twenty-one (21) years of age occurs under the direction of an enforcement officer vested with full police powers and duties and is part of the enforcement action.
(b) An enforcement officer vested with full police powers and duties shall not:
(1) recruit or attempt to recruit a person less than twenty-one (21) years of age to participate in an enforcement action under subsection (a) at the scene of a violation of section 2 of this chapter; or
(2) allow a person less than twenty-one (21) years of age to purchase or receive a tobacco product, e-liquid, or electronic cigarette as part of an enforcement action under subsection (a) without the written permission of the person's parents or legal guardians.
As added by P.L.256-1996, SEC.2. Amended by P.L.20-2013, SEC.2; P.L.49-2020, SEC.10.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 6. Youth Tobacco Sales and Enforcement › Chapter 2. Youth Tobacco Law Enforcement Authority › 7.1-6-2-5. Annual Report

Sec. 5. The division of mental health and addiction established under IC 12-21 shall annually prepare for submission to the Secretary of the United States Department of Health and Human Services the report required by Section 1926 of the Public Health Service Act (42 U.S.C. 300x-26) and implementing regulations promulgated under that act.
As added by P.L.256-1996, SEC.2. Amended by P.L.215-2001, SEC.14.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 6. Youth Tobacco Sales and Enforcement › Chapter 2. Youth Tobacco Law Enforcement Authority › 7.1-6-2-6. Youth Tobacco Education and Enforcement Fund

Sec. 6. (a) The Richard D. Doyle youth tobacco education and enforcement fund is established. The fund shall be administered by the commission.
(b) Expenses of administering the fund shall be paid from money in the fund.
(c) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested.
(d) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
(e) Money in the fund shall be used for the following purposes:
(1) For youth smoking prevention education. The commission may contract with the Indiana department of health or the office of the secretary of family and social services for youth smoking prevention education programs.
(2) For education and training of retailers who sell tobacco products. The commission may contract with education and training programs of the office of the secretary of family and social services, the division of mental health and addiction, enforcement officers, or a program approved by the commission.
(3) For the commission, for enforcement of youth tobacco laws.
As added by P.L.177-1999, SEC.9. Amended by P.L.204-2001, SEC.57; P.L.215-2001, SEC.15; P.L.1-2002, SEC.36; P.L.252-2003, SEC.5; P.L.56-2023, SEC.47.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 6. Youth Tobacco Sales and Enforcement › Chapter 2. Youth Tobacco Law Enforcement Authority › 7.1-6-2-8. Payment of Civil Penalties; Late Penalties; Interest

Sec. 8. (a) This section applies whenever a civil penalty payable to the Richard D. Doyle youth tobacco education and enforcement fund is imposed.
(b) The person liable for the civil penalty shall pay the full amount of the civil penalty to the commission within thirty (30) days after final judgment.
(c) A person who fails to pay a civil penalty within the time specified in subsection (b) is liable for a late penalty equal to the greater of the following:
(1) Twenty-five percent (25%) of the amount of the civil penalty imposed under IC 35-46-1.
(2) The lesser of the following:
(A) Twenty-five dollars ($25) multiplied by the number of days that have elapsed after the date that the civil penalty was imposed by a court.
(B) Five thousand dollars ($5,000).
(d) A person who fails to pay a civil penalty within the time specified in subsection (b) is liable for interest on the unpaid amount of the:
(1) civil penalty imposed by a court; and
(2) late penalty imposed under this section.
The interest rate is the adjusted rate of interest as determined under IC 6-8.1-10-1 payable from the date that payment of the amount was due.
(e) A person who fails to pay a civil penalty within the time specified in subsection (b) is liable for the reasonable documented out-of-pocket expenses incurred in pursuing collection efforts.
(f) The commission shall collect the following:
(1) Civil penalties imposed by a court.
(2) Late penalties imposed under this section.
(3) Interest imposed under this section.
(4) Reasonable documented out-of-pocket expenses incurred in pursuing collection efforts.
(g) Late penalties and interest imposed under this section shall be deposited in the Richard D. Doyle youth tobacco education and enforcement fund established by section 6 of this chapter.
As added by P.L.204-2001, SEC.58. Amended by P.L.252-2003, SEC.6.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 7. Vapor Pens and E-Liquid › Chapter 1. Applicability and Purpose › 7.1-7-1-1. Application

Sec. 1. (a) Except as provided in subsection (b), this article applies to the following:
(1) The commercial manufacturing, bottling, selling, bartering, or importing of e-liquid in Indiana.
(2) The sale, possession, and use of e-liquid products in Indiana.
(b) This article does not apply to a manufacturer of a closed system vapor product, except as specifically provided in this article.
As added by P.L.176-2015, SEC.9. Amended by P.L.206-2017, SEC.2.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 7. Vapor Pens and E-Liquid › Chapter 1. Applicability and Purpose › 7.1-7-1-2. Purpose

Sec. 2. The purpose of this article is to protect public health and safety by:
(1) ensuring the safety and security of e-liquid manufactured for sale in Indiana;
(2) ensuring that e-liquid manufactured or sold in Indiana conforms to appropriate standards of identity, strength, quality, and purity; and
(3) ensuring that e-liquid is not contaminated or adulterated by the inclusion of ingredients or other substances that might pose unreasonable threats to public health and safety.
As added by P.L.176-2015, SEC.9. Amended by P.L.206-2017, SEC.3.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 7. Vapor Pens and E-Liquid › Chapter 1. Applicability and Purpose › 7.1-7-1-3. Effect on Powers and Duties of Commission

Sec. 3. This article does not limit the powers or duties of the commission under IC 7.1-2.
As added by P.L.176-2015, SEC.9.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 7. Vapor Pens and E-Liquid › Chapter 1. Applicability and Purpose › 7.1-7-1-4. Applicability to Controlled Substance Provisions

Sec. 4. This article may not be construed to restrict or limit any law under IC 35-48.
As added by P.L.176-2015, SEC.9.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 7. Vapor Pens and E-Liquid › Chapter 2. Definitions › 7.1-7-2-4. Repealed

As added by P.L.176-2015, SEC.9. Amended by P.L.231-2015, SEC.8. Repealed by P.L.206-2017, SEC.5.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 7. Vapor Pens and E-Liquid › Chapter 2. Definitions › 7.1-7-2-6.3. "Delivery Sale"

Sec. 6.3. "Delivery sale" means a sale of an e-liquid to a purchaser in Indiana in which the purchaser submits the order for the sale:
(1) by telephone;
(2) over the Internet; or
(3) through the mail or another delivery system;
and the e-liquid is shipped through a delivery service. "Delivery sale" does not include a sale of an e-liquid not for personal consumption to a person who is a retailer.
As added by P.L.206-2017, SEC.6. Amended by P.L.49-2020, SEC.11.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 7. Vapor Pens and E-Liquid › Chapter 2. Definitions › 7.1-7-2-6.7. "Delivery Service"

Sec. 6.7. "Delivery service" means a person, including the United States Postal Service, that is engaged in the delivery of letters, packages, or containers.
As added by P.L.206-2017, SEC.7.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 7. Vapor Pens and E-Liquid › Chapter 2. Definitions › 7.1-7-2-7. "Department"

Sec. 7. "Department" means the Indiana department of health.
As added by P.L.176-2015, SEC.9. Amended by P.L.56-2023, SEC.48.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 7. Vapor Pens and E-Liquid › Chapter 2. Definitions › 7.1-7-2-8. "Distributor"

Sec. 8. "Distributor" means a person who is licensed under IC 6-7-2-8 that:
(1) distributes, sells, barters, or exchanges e-liquid in Indiana to retail dealers for the purpose of resale; or
(2) purchases e-liquid directly from a manufacturer for the purpose of resale.
As added by P.L.176-2015, SEC.9.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 7. Vapor Pens and E-Liquid › Chapter 2. Definitions › 7.1-7-2-10. "E-Liquid"

Sec. 10. "E-liquid" means a substance that:
(1) may or may not contain nicotine; and
(2) is intended to be vaporized and inhaled using a vapor product.
As added by P.L.176-2015, SEC.9. Amended by P.L.206-2017, SEC.9.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 7. Vapor Pens and E-Liquid › Chapter 2. Definitions › 7.1-7-2-11. "Employee"

Sec. 11. "Employee" means a person who works directly in the service of another person under an express or implied contract of hire, and the employer has the direct right to control the details of work performance. The term does not include a person who works for any independent subcontractor, temporary service provider, or an entity or person not under the direct full control of the employer.
As added by P.L.176-2015, SEC.9.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 7. Vapor Pens and E-Liquid › Chapter 2. Definitions › 7.1-7-2-12. "Flavoring"

Sec. 12. "Flavoring" means a food grade additive or synthetic flavoring substance that is used to add flavor and that is not prohibited by the federal Food and Drug Administration as an additive in vapor products.
As added by P.L.176-2015, SEC.9. Amended by P.L.206-2017, SEC.10.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 7. Vapor Pens and E-Liquid › Chapter 2. Definitions › 7.1-7-2-15. "Manufacturer"

Sec. 15. "Manufacturer" means a person located inside or outside Indiana that is engaged in manufacturing e-liquid.
As added by P.L.176-2015, SEC.9. Amended by P.L.206-2017, SEC.13.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 7. Vapor Pens and E-Liquid › Chapter 2. Definitions › 7.1-7-2-15.5. "Manufacturer of a Closed System Vapor Product"

Sec. 15.5. "Manufacturer of a closed system vapor product" means a manufacturer of vapor products whose closed system vapor products are for sale in Indiana, but that does not produce open system vapor products that are for sale in Indiana.
As added by P.L.206-2017, SEC.14.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 7. Vapor Pens and E-Liquid › Chapter 2. Definitions › 7.1-7-2-16. "Manufacturing"

Sec. 16. "Manufacturing" means the process by which an e-liquid is mixed, bottled, and packaged.
As added by P.L.176-2015, SEC.9. Amended by P.L.206-2017, SEC.15.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 7. Vapor Pens and E-Liquid › Chapter 2. Definitions › 7.1-7-2-17.5. "Modified Risk Tobacco Product"

Sec. 17.5. "Modified risk tobacco product" means any tobacco product that is sold or distributed to reduce harm or the risk of tobacco related disease associated with commercially marketed tobacco products.
As added by P.L.206-2017, SEC.16.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 7. Vapor Pens and E-Liquid › Chapter 2. Definitions › 7.1-7-2-18. "Permit"

Sec. 18. "Permit" means a written authorization issued by the commission entitling the holder to manufacture, sell, or otherwise deal in e-liquid, as provided in this article.
As added by P.L.176-2015, SEC.9.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 7. Vapor Pens and E-Liquid › Chapter 2. Definitions › 7.1-7-2-19. "Permittee"

Sec. 19. "Permittee" means a person who holds a valid permit under this article, including an agent of, employee of, or other person acting on behalf of, a permittee.
As added by P.L.176-2015, SEC.9.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 7. Vapor Pens and E-Liquid › Chapter 2. Definitions › 7.1-7-2-21. "Retailer"

Sec. 21. "Retailer" means a person, other than a manufacturer, who in the ordinary course of the person's regular trade or business:
(1) acquires any form of e-liquid for the purpose of resale; and
(2) transfers the e-liquid to another person for money or other consideration.
As added by P.L.176-2015, SEC.9.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 7. Vapor Pens and E-Liquid › Chapter 2. Definitions › 7.1-7-2-22.5. "Shipping Documents"

Sec. 22.5. "Shipping documents" means a bill of lading, airbill, or any document used to evidence that a delivery occurred by a delivery service.
As added by P.L.206-2017, SEC.19.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 7. Vapor Pens and E-Liquid › Chapter 2. Definitions › 7.1-7-2-23. "Vapor Product"

Sec. 23. "Vapor product" means a powered vaporizer that converts e-liquid to a vapor intended for inhalation.
As added by P.L.176-2015, SEC.9. Amended by P.L.206-2017, SEC.20.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 7. Vapor Pens and E-Liquid › Chapter 3. Duties and Responsibilities of the Alcohol and Tobacco Commission › 7.1-7-3-1. Enforcement and Administration by Commission

Sec. 1. The commission is responsible for the enforcement and administration of this article.
As added by P.L.176-2015, SEC.9.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 7. Vapor Pens and E-Liquid › Chapter 3. Duties and Responsibilities of the Alcohol and Tobacco Commission › 7.1-7-3-2. Commission Duties

Sec. 2. The commission has the following duties and responsibilities:
(1) To require the submission of information necessary to implement this article.
(2) To issue permits.
(3) To charge fees as set forth in this article. The fees charged under this subdivision may not exceed the actual costs incurred by the commission.
(4) To approve or deny a permit application made under IC 7.1-7-4 within sixty (60) days of receiving the application.
As added by P.L.176-2015, SEC.9. Amended by P.L.206-2017, SEC.21.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 7. Vapor Pens and E-Liquid › Chapter 4. Permit Requirements › 7.1-7-4-1. Permit; Application; E-Liquids Manufactured Before July 1, 2017

Sec. 1. (a) A manufacturer of e-liquid may not mix, bottle, package, or sell e-liquid to retailers, consumers, or distributors in Indiana without a permit issued by the commission under this article.
(b) An e-liquid manufactured by an e-liquids manufacturer approved by the commission under this article before July 1, 2017, may be distributed and sold for retail until the expiration date of the e-liquid.
(c) A manufacturing permit issued by the commission is valid for five (5) years. A manufacturing permit issued by the commission under this article before July 1, 2017, does not expire before July 1, 2020.
(d) An initial application for a manufacturing permit must include the following:
(1) The name, telephone number, and address of the applicant.
(2) The name, telephone number, and address of the manufacturing facility.
(3) The name, telephone number, title, and address of the person responsible for the manufacturing facility.
(4) Verification that the facility will comply with applicable tobacco products good manufacturing practices promulgated under 21 U.S.C. 387f(e) of the federal Food, Drug, and Cosmetic Act.
(5) Verification that the manufacturer will comply with the applicable ingredient listing required by 21 U.S.C. 387d(a)(1) of the federal Food, Drug, and Cosmetic Act.
(6) Written consent allowing the state police department to conduct a state or national criminal history background check on any person listed on the application.
(7) A nonrefundable initial application fee of one thousand dollars ($1,000).
(e) The fees collected under subsection (d)(7) shall be deposited in the enforcement and administration fund established under IC 7.1-4-10.
As added by P.L.176-2015, SEC.9. Amended by P.L.231-2015, SEC.9; P.L.214-2016, SEC.33; P.L.206-2017, SEC.23; P.L.49-2020, SEC.13.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 7. Vapor Pens and E-Liquid › Chapter 4. Permit Requirements › 7.1-7-4-2. Renewal; Application

Sec. 2. (a) A manufacturing permit that is renewed by the commission is valid for five (5) years.
(b) A renewal application for a manufacturing permit must include the following:
(1) The name, telephone number, and address of the applicant.
(2) The name, telephone number, and address of the manufacturing facility.
(3) The name, telephone number, title, and address of the person responsible for the manufacturing facility.
(4) Verification that the facility complies with all tobacco products good manufacturing practices:
(A) set forth in; and
(B) promulgated in federal rules under;
21 U.S.C. 387f through 21 U.S.C. 387u of the federal Food, Drug, and Cosmetic Act.
(5) Written consent allowing the state police department to conduct a state or national criminal history background check on any person listed on the application.
(6) A nonrefundable renewal application fee of five hundred dollars ($500).
(c) The fees collected under subsection (b)(6) shall be deposited in the enforcement and administration fund established under IC 7.1-4-10.
As added by P.L.176-2015, SEC.9. Amended by P.L.206-2017, SEC.24.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 7. Vapor Pens and E-Liquid › Chapter 4. Permit Requirements › 7.1-7-4-4. Permit Transfer

Sec. 4. (a) A permit may not be transferred:
(1) from the permit holder to another person; or
(2) from the location where the permit was approved or renewed to another location;
unless approved by the commission.
(b) The commission shall allow a permit to be transferred under subsection (a) if the permit has not been suspended or revoked and the new permit holder or location meets the requirements under this article.
As added by P.L.176-2015, SEC.9.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 7. Vapor Pens and E-Liquid › Chapter 4. Permit Requirements › 7.1-7-4-5. Notice to Commission of Changes; Penalty

Sec. 5. If the information required for the initial or renewal permit changes, the permit holder shall notify the commission within ten (10) business days of the change. If any change in the information required for an application results in a violation of this article, the commission may impose a penalty as provided in this article.
As added by P.L.176-2015, SEC.9.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 7. Vapor Pens and E-Liquid › Chapter 4. Permit Requirements › 7.1-7-4-7. Copy of Application to State Police Department; Criminal History Background Checks; Issuance of Permits; Reasons for Denial

Sec. 7. (a) On receipt of a completed permit application, the commission shall forward a copy of the application to the state police department.
(b) The state police department shall perform a state or national criminal history background check of the applicant and return the application to the commission along with the state police department's findings from the state or national background check. The commission is responsible for the cost of a state or national criminal history background check conducted under this article.
(c) The commission shall review the permit application after it is returned from the state police department under subsection (b). The commission shall grant or deny a completed application for a permit within sixty (60) days of receipt of the application. If the commission determines that:
(1) all the requirements under this article have been met; and
(2) the applicant has not been convicted within ten (10) years before the date of application of:
(A) a federal crime having a sentence of at least one (1) year;
(B) an Indiana Class A, Class B, or Class C felony (for a crime committed before July 1, 2014) or a Level 1, Level 2, Level 3, Level 4, or Level 5 felony (for a crime committed after June 30, 2014); or
(C) a crime in a state other than Indiana having a penalty equal to the penalty for an Indiana Class A, Class B, or Class C felony (for a crime committed before July 1, 2014) or a Level 1, Level 2, Level 3, Level 4, or Level 5 felony (for a crime committed after June 30, 2014);
(D) an Indiana Class D felony involving a controlled substance under IC 35-48-4 (for a crime committed before July 1, 2014) or a Level 6 felony involving a controlled substance under IC 35-48-4 (for a crime committed after June 30, 2014); or
(E) a crime in a state other than Indiana similar to a Class D felony involving a controlled substance under IC 35-48-4 (for a crime committed before July 1, 2014) or a Level 6 felony involving a controlled substance under IC 35-48-4 (for a crime committed after June 30, 2014).
the commission shall approve the application for issuance of the permit.
(d) If the completed application for a permit is denied, the commission must state the reasons for the denial. If a completed application is denied under this section, the applicant may reapply within thirty (30) days after the date of the denial. There is no application fee for a reapplication under this subsection.
As added by P.L.176-2015, SEC.9. Amended by P.L.206-2017, SEC.27.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 7. Vapor Pens and E-Liquid › Chapter 5. Manufacturing and Safety Requirements › 7.1-7-5-1.1. Requirements for Retailers, Distributors, and Manufacturers

Sec. 1.1. (a) A retailer must have a valid sales certificate issued by the commission in accordance with IC 7.1-3-18.5-1 that contains a separate box to check for identifying a retailer that sells e-liquids.
(b) A retailer may purchase e-liquid only from an Indiana e-liquid manufacturing permit holder or an Indiana distributor permit holder.
(c) A retailer shall retain all invoices for e-liquid that the retailer purchases for two (2) years.
(d) A retailer shall not allow the self-service sale for individuals purchasing an e-liquid.
(e) A retailer may not sell an e-liquid that contains more than seventy-five (75) milligrams per milliliter of nicotine.
(f) A manufacturer must have an e-liquid manufacturing permit issued under IC 7.1-7-4.
(g) A distributor that does not have a valid e-liquid manufacturing permit issued under IC 7.1-7-4 must have a valid distributor's license issued under IC 6-7-2-8.
(h) A distributor shall purchase and distribute e-liquid from an:
(1) Indiana e-liquid manufacturer that has a valid e-liquid manufacturing permit under IC 7.1-7-4; or
(2) Indiana e-liquid distributor that has a valid:
(A) e-liquid manufacturing permit issued under IC 7.1-7-4; or
(B) distributor's license under IC 6-7-2-8.
(i) A distributor shall retain all invoices to a retailer or from a manufacturer for at least two (2) years.
(j) A manufacturer, distributor, or retailer may not market e-liquid as a modified risk tobacco product, as defined by IC 7.1-7-2-17.5, that has not been designated as a modified risk tobacco product by the federal Food and Drug Administration.
(k) Except as provided in subsection (m), a manufacturer, including a manufacturer of a closed system vapor product, shall annually submit a report to the commission setting forth:
(1) each new product that the manufacturer is producing and is sold in Indiana with a list of the contents and ingredients by volume; and
(2) whether the manufacturer has stopped producing products previously produced and sold in Indiana.
A report under this subsection is confidential, and the commission may not disclose it to another person.
(l) A manufacturer shall annually submit a report to the commission setting forth:
(1) the milligrams per milliliter of nicotine in each product the manufacturer produces; and
(2) the milliliters of each product sold that current year.
A report under this subsection is confidential, and the ATC may not disclose it to another person.
(m) A manufacturer is not required to submit a report described in subsection (k) if the manufacturer submits to the commission a certification, by October 1 of each year, that each of the manufacturer's vapor products sold in Indiana has been filed with the federal Food and Drug Administration.
As added by P.L.206-2017, SEC.29. Amended by P.L.220-2023, SEC.16.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 7. Vapor Pens and E-Liquid › Chapter 5. Manufacturing and Safety Requirements › 7.1-7-5-2. Request for Ingredient Approval

Sec. 2. (a) A manufacturer of e-liquid may file a request with the department for approval of an ingredient to be allowed in the composition of e-liquid.
(b) The department may approve the request filed under subsection (a) if the department determines that the ingredient will not pose an unreasonable threat to public health and safety.
As added by P.L.176-2015, SEC.9.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 7. Vapor Pens and E-Liquid › Chapter 5.5. Delivery Sales › 7.1-7-5.5-1. Retailers Prohibited From Making a Delivery Sale of E-Liquid to a Minor

Sec. 1. A retailer may not make a delivery sale of e-liquid to an individual who does not meet the minimum age requirement as set forth in IC 7.1-7-6-5.
As added by P.L.206-2017, SEC.30. Amended by P.L.49-2020, SEC.14.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 7. Vapor Pens and E-Liquid › Chapter 5.5. Delivery Sales › 7.1-7-5.5-2. E-Liquid Shipped in a Delivery Sale

Sec. 2. A retailer may not ship an e-liquid without first making a good faith effort to verify the age of the purchaser of the e-liquid as set forth in IC 7.1-7-6-6.
As added by P.L.206-2017, SEC.30. Amended by P.L.49-2020, SEC.15.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 7. Vapor Pens and E-Liquid › Chapter 5.5. Delivery Sales › 7.1-7-5.5-3. Payment for an E-Liquid Before a Delivery Sale

Sec. 3. (a) Before an e-liquid is shipped in a delivery sale, a retailer must be fully paid for the purchase and shall accept payment from the purchaser:
(1) by a check drawn on an account in the purchaser's name;
(2) by a credit card issued in the purchaser's name; or
(3) by a debit card issued in the purchaser's name.
(b) A retailer may ship an e-liquid only to a purchaser.
As added by P.L.206-2017, SEC.30. Amended by P.L.49-2020, SEC.16.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 7. Vapor Pens and E-Liquid › Chapter 5.5. Delivery Sales › 7.1-7-5.5-4. Request of Purchaser Electronic Mail Address

Sec. 4. A retailer taking a delivery sale order may request the electronic mail address of the purchaser.
As added by P.L.206-2017, SEC.30.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 7. Vapor Pens and E-Liquid › Chapter 5.5. Delivery Sales › 7.1-7-5.5-5. Delivery Sale Statement

Sec. 5. A retailer who ships an e-liquid from a delivery sale order shall include as part of the shipping documents a document with the following statement: "E-LIQUIDS: Indiana law prohibits the sale of this product to a person who is less than 21 years of age.".
As added by P.L.206-2017, SEC.30. Amended by P.L.49-2020, SEC.17.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 7. Vapor Pens and E-Liquid › Chapter 6. Violations and Penalties › 7.1-7-6-1. Reprimand, Civil Penalty, and Suspension; Compliance With Federal Laws

Sec. 1. (a) If a manufacturer, distributor, or retailer violates this article, the manufacturer, distributor, or retailer may be reprimanded, assessed a civil penalty, or have the manufacturer's permit, distributor's license, or retailer's tobacco sales certificate suspended.
(b) Any provision in this article that requires a manufacturer to comply with the federal Food, Drug, and Cosmetic Act or a federal rule promulgated under the federal Food, Drug, and Cosmetic Act is under the sole jurisdiction of the federal Food and Drug Administration. If the federal Food and Drug Administration seeks court enforcement of any section of the federal Food, Drug, and Cosmetic Act cited in this article and a civil monetary penalty is assessed against the manufacturer, the act or omission for which the penalty was assessed constitutes a violation of this article.
(c) The commission may assess a civil penalty against a manufacturer, distributor, or retailer for a violation of this article in an amount that does not exceed ten thousand dollars ($10,000). A civil penalty may be assessed in addition to other penalties allowed under this article.
As added by P.L.176-2015, SEC.9. Amended by P.L.206-2017, SEC.31.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 7. Vapor Pens and E-Liquid › Chapter 6. Violations and Penalties › 7.1-7-6-2. Repealed

As added by P.L.176-2015, SEC.9. Amended by P.L.206-2017, SEC.32. Repealed by P.L.49-2020, SEC.18.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 7. Vapor Pens and E-Liquid › Chapter 6. Violations and Penalties › 7.1-7-6-2.1. Sale or Distribution of an E-Liquid to a Minor May Violate Criminal Statutes

Sec. 2.1. A person who sells or distributes an e-liquid to a person less than twenty-one (21) years of age may be in violation of IC 35-46-1.
As added by P.L.49-2020, SEC.19.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 7. Vapor Pens and E-Liquid › Chapter 6. Violations and Penalties › 7.1-7-6-5. Sale of an E-Liquid to a Minor a Class C Infraction

Sec. 5. A person who knowingly or intentionally makes a delivery sale of an e-liquid to an individual who is less than twenty-one (21) years of age commits a Class C infraction.
As added by P.L.206-2017, SEC.35. Amended by P.L.49-2020, SEC.20.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 7. Vapor Pens and E-Liquid › Chapter 6. Violations and Penalties › 7.1-7-6-6. Shipping an E-Liquid Without Making a Good Faith Effort to Verify the Age of the Purchaser

Sec. 6. (a) As used in this section, "good faith effort to verify the age of the purchaser of the e-liquid" means:
(1) verifying the age of the purchaser in a commercially available database; or
(2) obtaining a photocopy of a government issued identification;
that indicates the birth date or age of the purchaser.
(b) A person who knowingly or intentionally ships an e-liquid without first making a good faith effort to verify the age of the purchaser of the e-liquid commits a Class C infraction.
As added by P.L.206-2017, SEC.36. Amended by P.L.49-2020, SEC.21.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 1. Utility Regulatory Commission › 8-1-1-1. "Commission" Defined; References to Public Service Commission

Sec. 1. (a) As used in this article, "commission" refers to the Indiana utility regulatory commission.
(b) After June 30, 1987, any reference to the public service commission of Indiana shall be construed as a reference to the commission.
Formerly: Acts 1941, c.101, s.1. As amended by P.L.59-1984, SEC.1; P.L.23-1988, SEC.12; P.L.220-2011, SEC.183.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 1. Utility Regulatory Commission › 8-1-1-2. Creation of Commission; Membership; Term of Office; Chairman

Sec. 2. (a) There is created the Indiana utility regulatory commission which shall consist of five (5) members, at least one (1) of whom shall be an attorney qualified to practice law before the supreme court of Indiana and not more than three (3) of whom belong to the same political party.
(b) The members of the commission and all vacancies occurring on the commission shall be appointed by the governor from among persons nominated by the nominating committee in accordance with IC 8-1-1.5.
(c) The members may be removed at any time by the governor for cause.
(d) The governor shall appoint one (1) member as chairman.
(e) The members of the commission shall be appointed for a term of four (4) years, except when a member is appointed to fill a vacancy, in which case such appointment shall be for such unexpired term only. All members of said commission shall serve as such until their successors are duly appointed and qualified, and while so serving shall devote full time to the duties of the commission and shall not be actively engaged in any other occupation, profession, or business that constitutes a conflict of interest or otherwise interferes with carrying out their duties as commissioners.
(f) A member of the commission or any person appointed to any position or employed in any capacity to serve the commission, may not have any official or professional relationship or connection with, or hold any stock or securities or have any pecuniary interest in any public utility operating in Indiana.
(g) Each member appointed to the Indiana utility regulatory commission shall take and subscribe to an oath in writing that the member will faithfully perform the duties of the member's office, and support and defend to the best of the member's ability the Constitution and laws of the state of Indiana and of the United States of America, and such oath shall be filed with the secretary of state.
(h) The chairman of the commission shall assign cases to the various members of the commission or to administrative law judges for hearings.
Formerly: Acts 1941, c.101, s.2; Acts 1945, c.46, s.1; Acts 1963, c.326, s.1. As amended by Acts 1981, P.L.104, SEC.1; P.L.43-1983, SEC.3; P.L.113-1987, SEC.1; P.L.78-1988, SEC.1; P.L.136-2018, SEC.42.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 1. Utility Regulatory Commission › 8-1-1-4. Repealed

Formerly: Acts 1941, c.101, s.4; Acts 1945, c.46, s.2; Acts 1959, c.370, s.1; Acts 1974, P.L.27, SEC.1. As amended by Acts 1977, P.L.98, SEC.1. Repealed by Acts 1981, P.L.104, SEC.7.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 1. Utility Regulatory Commission › 8-1-1-4.1. Payment of Expenses

Sec. 4.1. Any expense incurred by the commission, either upon complaint against any public utility, or upon petition of any public utility shall be charged and paid in the manner provided in IC 8-1-2-70 or IC 8-1-6, whichever is appropriate under the circumstances.
As added by Acts 1981, P.L.104, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 1. Utility Regulatory Commission › 8-1-1-5. Impartiality of Commission; Evidence; Record; Utility Consumer Counselor; Ex Parte Communications; Executive Sessions; Violations

Sec. 5. (a) The commission shall in all controversial proceedings heard by it be an impartial fact-finding body and shall make its orders in such cases upon the facts impartially found by it. The commission shall in no such proceeding, during the hearing, act in the role either of a proponent or opponent on any issue to be decided by it. All evidence given in any such proceeding shall be offered on behalf of the respective parties to, or appearing in, the proceeding and not in the name or behalf of the commission itself.
(b) Any report, audit, examination, or analysis prepared by the commission staff at the request or direction of the commission may be made a part of the record of the proceeding, subject to cross-examination by any party of the person who performed or directed the preparation of the report, audit, examination, or analysis.
(c) If in any such proceeding the public interest is not otherwise adequately represented by counsel, in the opinion of the commission, it shall be the duty of the utility consumer counselor, if requested by the commission, to make adequate preparation for the presentation of the interests of the public in such proceeding and the utility consumer counselor shall at the hearing represent the public interests therein involved.
(d) However, nothing in this section prevents the commission from instituting, prosecuting, hearing, or determining any investigation or proceeding which it is authorized to do, or make, on its own motion by any law with the administration of which it is charged.
(e) Except as otherwise provided in this chapter, no member or employee of the commission assigned to make findings of fact and conclusions of law in a formally docketed evidentiary proceeding may communicate in connection with any issue of fact or law disputed in that proceeding with any party or any party's representative, except on notice and with opportunity for all parties to participate.
(f) In addition to holding an executive session in the instances described in IC 5-14-1.5-6.1(b), the commission may hold an executive session to deliberate on a proposed order if all the following are satisfied:
(1) All evidence on the matter has been received by the commission.
(2) The deliberations are preparatory to taking final action on an order subject to judicial review.
(3) Only the following are permitted to participate in the executive session:
(A) Commission members.
(B) Commission employees who are formally assigned to advise or assist in preparing the order, including the commission's technical staff and attorneys.
IC 5-14-1.5-5, IC 5-14-1.5-6.1, and IC 5-14-1.5-7 apply to an executive session held under this subsection.
(g) A person who violates this section commits a Class C infraction.
Formerly: Acts 1941, c.101, s.5. As amended by Acts 1978, P.L.55, SEC.1; P.L.43-1983, SEC.5; P.L.23-1988, SEC.14; P.L.30-2006, SEC.1.