reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 23. Drugs: Use of Amygdalin (Laetrile) › 16-42-23-6. Regulation of Use, Sale, Prescription, Manufacture, or Distribution Within State

Sec. 6. (a) Amygdalin (laetrile) is not a drug or a controlled substance under Indiana statutes governing the use, manufacture, or distribution of drugs and controlled substances within Indiana.
(b) A physician may prescribe amygdalin (laetrile) under this chapter as a treatment that may be prescribed under IC 25-22.5-1-1.1(f).
(c) The state department and the Indiana board of pharmacy may regulate the manufacture, distribution, and sale of amygdalin (laetrile) for use within Indiana only to ensure that the substance is not adulterated or misbranded within the meaning of IC 16-42-3.
(d) The state department may not adopt a rule that prohibits the use of amygdalin (laetrile) in a hospital, an ambulatory outpatient surgical center, or a health care facility licensed by the state department.
(e) The Indiana board of pharmacy may not adopt a rule that prohibits the manufacture, distribution, or sale of amygdalin (laetrile) by a person or in any place licensed by the Indiana board of pharmacy.
[Pre-1993 Recodification Citation: 16-8-8-6.]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 23. Drugs: Use of Amygdalin (Laetrile) › 16-42-23-7. Required Manufacture, Sale, Distribution, or Prescription

Sec. 7. (a) This chapter does not require a:
(1) physician;
(2) pharmacist;
(3) pharmacy;
(4) manufacturer; or
(5) distributor;
to manufacture, sell, or distribute amygdalin (laetrile).
(b) This chapter does not require a physician to prescribe amygdalin (laetrile) for a patient.
[Pre-1993 Recodification Citation: 16-8-8-7(a).]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 23. Drugs: Use of Amygdalin (Laetrile) › 16-42-23-8. Federal Funding of Health Care Facilities

Sec. 8. If:
(1) the federal government indicates that the federal government will withdraw all federal funds from a health care facility for allowing amygdalin (laetrile) to be used within the facility; and
(2) providing or allowing use of amygdalin (laetrile) within the facility would jeopardize the receipt of:
(A) federal funds for reimbursement for Medicare or Medicaid for all persons within the facility; or
(B) construction funds provided by the federal government under the Hill-Burton Hospital Construction Program (42 U.S.C. 291 et seq.) or under Title XVI of the Public Health Services Act (42 U.S.C. 300q-300t);
the hospital or other health care facility may prohibit the use of amygdalin (laetrile) within the hospital or facility.
[Pre-1993 Recodification Citation: 16-8-8-7(b).]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 24. Drugs: Use of Chymopapain › 16-42-24-1. Record of Use

Sec. 1. The state department shall establish a record keeping system concerning the use of chymopapain and its effectiveness. The state department may require neurosurgeons and orthopedic surgeons to supply information concerning the use of chymopapain.
[Pre-1993 Recodification Citation: 16-8-10-1(a).]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 24. Drugs: Use of Chymopapain › 16-42-24-2. Administration Restricted

Sec. 2. Only a neurosurgeon or an orthopedic surgeon may administer chymopapain. Chymopapain may only be administered in a hospital licensed under IC 16-21-2.
[Pre-1993 Recodification Citation: 16-8-10-1(b).]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 24. Drugs: Use of Chymopapain › 16-42-24-3. Hospital's Restricting or Forbidding Use Prohibited; Conditions

Sec. 3. Except as provided in section 10 of this chapter, a hospital may not interfere with the physician-patient relationship by restricting or forbidding the use of chymopapain for treatment of certain back ailments if the following conditions are met:
(1) Chymopapain is administered by a neurosurgeon or an orthopedic surgeon holding an unlimited license to practice medicine in Indiana.
(2) The patient has signed the request form described in section 7 of this chapter.
[Pre-1993 Recodification Citation: 16-8-10-1(c).]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 24. Drugs: Use of Chymopapain › 16-42-24-4. Disciplinary Action Against Attending Physician Prohibited if Use Requested by Patient

Revisor's Note: The version of IC 16-42-24-4 appearing in the 1993 Edition of the Indiana Code was printed incorrectly. Use the following version of IC 16-42-24-4.
Sec. 4. A neurosurgeon or an orthopedic surgeon may not be subjected to disciplinary action by the medical licensing board of Indiana for administering chymopapain to a patient under the neurosurgeons's or orthopedic surgeon's care to treat certain back ailments if the patient has signed the request form described in section 7 of this chapter.
[Pre-1993 Recodification Citation: 16-8-10-2.]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 24. Drugs: Use of Chymopapain › 16-42-24-5. Use Permitted in Place of Other Therapies if Requested by Patient

Sec. 5. A neurosurgeon or an orthopedic surgeon may administer chymopapain instead of other modes of therapy for treatment of certain back ailments of a patient who has signed the request form described in section 7 of this chapter.
[Pre-1993 Recodification Citation: 16-8-10-3.]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 24. Drugs: Use of Chymopapain › 16-42-24-6. Construction of Chapter

Sec. 6. This chapter is not an endorsement of chymopapain for the treatment of back ailments.
[Pre-1993 Recodification Citation: 16-8-10-4.]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 24. Drugs: Use of Chymopapain › 16-42-24-7. Use Request Form

Sec. 7. (a) The state department shall prepare a form for a patient to use to request administration of chymopapain. The form must be substantially in the following form:
REQUEST FOR ADMINISTRATION OF
CHYMOPAPAIN FOR MEDICAL
TREATMENT
Patient's name _______________________________
Address _____________________________________
Age ___________ Sex ____________
Name and address of administering physician
_____________________________________________
Physical condition diagnosed for medical treatment by chymopapain
_____________________________________________
_____________________________________________
My physician has explained the following to me:
(1) That the manufacture and distribution of chymopapain has been banned by the federal Food and Drug Administration.
(2) That there are alternative recognized treatments for the back ailment from which I suffer that my physician has offered to provide for me, including the following: (Here describe)
____________________________________________
____________________________________________
Notwithstanding this explanation, I request the administration of chymopapain in the medical treatment of the back ailment from which I suffer.
_______________________________________
Patient or person signing for patient
ATTEST:
______________________________________
Prescribing physician
(b) A copy of the request form shall be sent immediately after execution to the state department.
[Pre-1993 Recodification Citation: 16-8-10-5.]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 24. Drugs: Use of Chymopapain › 16-42-24-8. Regulation of Manufacture, Distribution, Sale, or Use

Sec. 8. (a) Chymopapain is not a drug or a controlled substance under Indiana statutes governing the use, manufacture, or distribution of drugs and controlled substances within Indiana.
(b) The state department and the Indiana board of pharmacy may regulate the manufacture, distribution, and sale of chymopapain for use within Indiana only to ensure that the substance is not adulterated or misbranded within the meaning of IC 16-42-3.
(c) The state department may not adopt a rule that prohibits the use of chymopapain in a hospital or health care facility licensed by the state department.
(d) The Indiana board of pharmacy may not adopt a rule that prohibits the manufacture, distribution, or sale of chymopapain by a person or in a place licensed by the Indiana board of pharmacy.
[Pre-1993 Recodification Citation: 16-8-10-6.]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 24. Drugs: Use of Chymopapain › 16-42-24-9. Manufacture, Sale, Distribution, or Prescription Not Required

Sec. 9. (a) This chapter does not require a:
(1) physician;
(2) pharmacist;
(3) pharmacy;
(4) manufacturer; or
(5) distributor;
to manufacture, sell, or distribute chymopapain.
(b) This chapter does not require a physician to prescribe chymopapain for a patient.
[Pre-1993 Recodification Citation: 16-8-10-7(a).]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 24. Drugs: Use of Chymopapain › 16-42-24-10. Use Prohibition by Health Care Facility Facing Loss of Federal Funding

Sec. 10. If:
(1) the federal government indicates that the federal government will withdraw all federal funds from a health care facility for allowing chymopapain to be used within the facility; and
(2) providing or allowing use of chymopapain within the facility would jeopardize the receipt of:
(A) federal funds for reimbursement for Medicare or Medicaid for all persons within the facility; or
(B) construction funds provided by the federal government under the Hill-Burton Hospital Construction Program (42 U.S.C. 291 et seq.) or under Title XVI of the Public Health Services Act (42 U.S.C. 300q-300t);
the hospital or other health care facility may prohibit the use of chymopapain within the hospital or facility.
[Pre-1993 Recodification Citation: 16-8-10-7(b).]
As added by P.L.2-1993, SEC.25.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 25. Drugs: Biosimilar Biological Products › 16-42-25-1. "Biological Product"

Sec. 1. As used in this chapter, "biological product" means:
(1) a virus;
(2) a therapeutic serum;
(3) a toxin;
(4) an antitoxin;
(5) a vaccine;
(6) blood;
(7) a blood component;
(8) a blood derivative;
(9) an allergenic product;
(10) a protein (except any chemically synthesized polypeptide);
(11) a product analogous to a product described in subdivisions (1) through (10);
(12) arsphenamine;
(13) an arsphenamine derivative; or
(14) any other trivalent organic arsenic compound;
applicable to the prevention, treatment, or cure of a disease or condition for human beings.
As added by P.L.96-2014, SEC.6.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 25. Drugs: Biosimilar Biological Products › 16-42-25-2. "Biosimilar"

Sec. 2. As used in this chapter, "biosimilar" refers to a biological product that:
(1) has been licensed as a biosimilar product under 41 U.S.C. 262(k) or has been approved based on an application filed under 21 U.S.C. 355(b)(2); and
(2) is highly similar to the reference product, with:
(A) no clinically meaningful differences between the biological product and the reference product in terms of safety, purity, and potency of the product; and
(B) only minor differences in clinically inactive components.
As added by P.L.96-2014, SEC.6.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 25. Drugs: Biosimilar Biological Products › 16-42-25-3. "Interchangeable"

Sec. 3. As used in this chapter, "interchangeable" means:
(1) a determination by the federal Food and Drug Administration that a biosimilar product may be substituted for a reference biological product without the intervention of the health care provider that prescribed the biological product; or
(2) concerning a biological product filed under 21 U.S.C. 355(b)(2), a product that is designated as therapeutically equivalent by the federal Food and Drug Administration in the Approved Drug Products with Therapeutic Equivalence Evaluations.
As added by P.L.96-2014, SEC.6.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 25. Drugs: Biosimilar Biological Products › 16-42-25-4. Substitution; Conditions

Sec. 4. A pharmacist may substitute for a prescribed biological product if the following conditions are met:
(1) The substitute has been determined by the federal Food and Drug Administration to be interchangeable with the prescribed biological product.
(2) The prescribing practitioner has:
(A) for a written prescription, signed on the line under which the words "May substitute." appear; or
(B) for an electronically transmitted prescription, electronically transmitted the instruction "May substitute.".
(3) The pharmacist has informed the customer of the substitution.
As added by P.L.96-2014, SEC.6.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 25. Drugs: Biosimilar Biological Products › 16-42-25-5. Records of Dispensing Biologic Product; Time Frame; Exception

Sec. 5. (a) Except as provided in subsection (b), in order to ensure medical records are complete and accurate, a pharmacist shall, not later than ten (10) calendar days after dispensing a biologic product, record the name and manufacturer of the biologic product dispensed using:
(1) an interoperable electronic health records system shared with the prescribing practitioner, to the extent a system is in place between the pharmacist and the practitioner; or
(2) if an electronic health records system is not in place between the pharmacist and the prescribing practitioner, any prevailing means available to communicate to the prescribing practitioner the name and manufacturer of the biologic product dispensed.
(b) The pharmacist is not required to report to or communicate with the prescribing practitioner under subsection (a)(2) if:
(1) there is no federal Food and Drug Administration approved interchangeable biological product for the prescribed biological product; or
(2) the refill prescription is not changed from the product originally dispensed.
As added by P.L.96-2014, SEC.6.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 25. Drugs: Biosimilar Biological Products › 16-42-25-6. Record Retention; Pharmacy; Prescribing Practitioner

Sec. 6. (a) The pharmacy shall retain a record in accordance with IC 25-26-13-25(a) of the dispensed biological product.
(b) The prescribing practitioner shall retain a record in accordance with IC 16-39-7-1 of the dispensed biological product.
As added by P.L.96-2014, SEC.6.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 25. Drugs: Biosimilar Biological Products › 16-42-25-7. Link to Current List of Interchangeable Biological Products; Rules

Sec. 7. (a) The Indiana board of pharmacy shall maintain a link on the board's Internet web site to the current list of all biological products determined by the United States Food and Drug Administration to be interchangeable with a specific reference biological product.
(b) The Indiana board of pharmacy may adopt rules under IC 4-22-2 necessary to implement this chapter.
As added by P.L.96-2014, SEC.6.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 25. Drugs: Biosimilar Biological Products › 16-42-25-8. Compliance With Prescription Requirements

Sec. 8. A written or electronic prescription for a biological product must comply with the requirements under IC 16-42-22-6.
As added by P.L.96-2014, SEC.6.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 26. Drugs: Investigational Drug, Biological Product, or Device › 16-42-26-1. Effect on Clinical Trial Laws; Availability

Sec. 1. (a) This chapter does not affect IC 5-10-8-15, IC 12-15-5-9.2, IC 27-8-25, or IC 27-13-7-20.2.
(b) This chapter does not require a manufacturer to make available any investigational drug, biological product, or device.
As added by P.L.2-2015, SEC.3.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 26. Drugs: Investigational Drug, Biological Product, or Device › 16-42-26-2. "Investigational Drug, Biological Product, or Device"

Sec. 2. As used in this chapter, "investigational drug, biological product, or device" means an investigational or experimental:
(1) drug;
(2) biological product; or
(3) medical device;
that has successfully completed Phase I of a federal Food and Drug Administration approved clinical trial, but has not been approved for general use by the federal Food and Drug Administration and remains under investigation in a clinical trial.
As added by P.L.2-2015, SEC.3.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 26. Drugs: Investigational Drug, Biological Product, or Device › 16-42-26-3. "Qualified Patient"

Sec. 3. As used in this chapter, "qualified patient" means a patient who meets the requirements under IC 25-22.5-1-2.1(a).
As added by P.L.2-2015, SEC.3.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 26. Drugs: Investigational Drug, Biological Product, or Device › 16-42-26-4. Availability of Investigational Drug, Biological Product, or Device

Sec. 4. (a) A manufacturer of an investigational drug, biological product, or device may make available the investigational drug, biological product, or device to a qualified patient.
(b) A manufacturer may do any of the following:
(1) Provide an investigational drug, biological product, or device to a qualified patient without receiving compensation.
(2) Require a qualified patient to pay the costs of or associated with the manufacture of the investigational drug, biological product, or device.
As added by P.L.2-2015, SEC.3.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 26. Drugs: Investigational Drug, Biological Product, or Device › 16-42-26-5. Causes of Action

Sec. 5. This chapter does not create a cause of action against a manufacturer of an investigational drug, biological product, or device for any harm to a qualified patient resulting from use of an investigational drug, biological product, or device.
As added by P.L.2-2015, SEC.3.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 27. Drugs: Overdose Intervention Drugs › 16-42-27-1. "Prescriber"

Sec. 1. As used in this chapter, "prescriber" means any of the following:
(1) A physician licensed under IC 25-22.5.
(2) A physician assistant licensed under IC 25-27.5 and granted the authority to prescribe by the physician assistant's collaborating physician and in accordance with IC 25-27.5-5-4.
(3) An advanced practice registered nurse licensed and granted the authority to prescribe drugs under IC 25-23.
(4) The state health commissioner, if the state health commissioner holds an active license under IC 25-22.5.
(5) A public health authority.
As added by P.L.32-2015, SEC.7. Amended by P.L.6-2016, SEC.5; P.L.129-2018, SEC.21; P.L.247-2019, SEC.1.
2023 Indiana Code › Title 16. Health › Article 42. Regulation of Food, Drugs, and Cosmetics › Chapter 27. Drugs: Overdose Intervention Drugs › 16-42-27-3. Immunity of Provider, Pharmacist, Individual, Entity

Sec. 3. (a) Except for an act of gross negligence or willful misconduct, a prescriber who dispenses or prescribes an overdose intervention drug in compliance with this chapter is immune from civil liability arising from those actions.
(b) Except for an act of gross negligence or willful misconduct, a pharmacist who dispenses an overdose intervention drug in compliance with this chapter is immune from civil liability arising from those actions.
(c) Except for an act of gross negligence or willful misconduct, an individual or entity described in section 2(a)(1) of this chapter is immune from civil liability for the following actions:
(1) Obtaining an overdose intervention drug under this chapter.
(2) Administering an overdose intervention drug in good faith.
(3) Acting under a standing order under this chapter.
As added by P.L.32-2015, SEC.7.
2023 Indiana Code › Title 16. Health › Article 43. Repealed

[Pre-1993 Recodification Citations:
16-43-1-1formerly 16-6-9-2(h)16-43-1-2formerly 16-6-9-2(j)16-43-1-3formerly 16-6-9-2(e) part16-43-1-4formerly 16-6-9-2(d)16-43-1-5formerly 16-6-9-2(m)16-43-1-6formerly 16-6-9-2(i)16-43-1-7formerly 16-6-9-2(l) part16-43-1-8formerly 16-6-9-2(n)16-43-1-9formerly 16-6-9-2(f)16-43-1-10formerly 16-6-9-2(k)16-43-1-11formerly 16-6-9-2(e) part16-43-1-12formerly 16-6-9-2(g)16-43-1-13formerly 16-6-9-4 part16-43-1-14formerly 16-6-9-4 part16-43-1-15formerly 16-6-9-3(a) part16-43-1-16formerly 16-6-9-3(a) part, (b) part16-43-1-17formerly 16-6-9-3(b) part16-43-1-18formerly 16-6-9-3(b) part16-43-1-19formerly 16-6-9-3(c)16-43-1-20formerly 16-6-9-3(d)16-43-1-21formerly 16-6-9-3(e)16-43-1-22formerly 16-6-9-3(g)16-43-1-23formerly 16-6-9-3(f)16-43-1-24formerly 16-6-9-1216-43-1-25formerly 16-6-9-1316-43-1-26formerly 16-6-9-1416-43-1-27formerly 16-6-9-1516-43-1-28formerly 16-6-9-5; 16-6-9-616-43-1-29formerly 16-6-9-716-43-1-30formerly 16-6-9-816-43-1-31formerly 16-6-9-916-43-1-32formerly 16-6-9-10.]
Repealed by P.L.10-2019, SEC.80.
2023 Indiana Code › Title 16. Health › Article 44. Product Labeling and Inspection › Chapter 1. Labeling of Used or Reclaimed Lubricating Oil › 16-44-1-1. Labeling Requirements; Advertisements; Violations

Sec. 1. (a) A person who deals in retail in:
(1) previously used or previously used and reclaimed;
(2) refined;
(3) recleaned; or
(4) reconditioned:
lubricating oils, lubricants, or mixtures of lubricants shall at all times have every container or item of equipment in or through which any of those products are sold, kept for sale, displayed, or dispensed plainly labeled under subsection (b).
(b) The products described in subsection (a) must be plainly labeled in lettering:
(1) as large as any other lettering on the product; or
(2) in letters at least one-half (1/2) inch in height;
whichever is larger, stating that the contents comprise a previously used product.
(c) A person who publishes, displays, or circulates an advertisement offering for sale any:
(1) previously used or previously used and reclaimed;
(2) rerefined;
(3) recleaned; or
(4) reconditioned;
lubricating oils, lubricants, or mixtures of lubricants shall state in the advertisement, in letters at least as large as any other lettering in the advertisement, the fact that the products have been previously used.
(d) A person who recklessly violates this section commits a Class B misdemeanor.
[Pre-1993 Recodification Citation: 16-6-10-1.]
As added by P.L.2-1993, SEC.27.
2023 Indiana Code › Title 16. Health › Article 44. Product Labeling and Inspection › Chapter 1. Labeling of Used or Reclaimed Lubricating Oil › 16-44-1-2. Injunction

Sec. 2. (a) A person who deals at retail:
(1) in:
(A) previously used or previously used and reclaimed;
(B) refined;
(C) recleaned; or
(D) reconditioned;
lubricating oils, lubricants, or mixtures of lubricants; and
(2) without:
(A) plainly labeling, as required by this chapter, each container or item of equipment in or through which any of the products described in subdivision (1) are sold, kept for sale, displayed, or dispensed; or
(B) inserting in any advertisement of those products a statement required by this chapter that the products have been previously used, reclaimed, rerefined, recleaned, or reconditioned;
may be enjoined from selling or offering, displaying, or advertising for sale any of the products described in subdivision (1).
(b) An action for an injunction under this section may be brought in any court having jurisdiction to hear and decide cases in the county in which the defendant resides. The action for an injunction may be brought by the following:
(1) The attorney general.
(2) The prosecuting attorney for the county.
(c) The authority granted by this section is in addition to the authority to criminally prosecute a person for a violation of this chapter.
[Pre-1993 Recodification Citation: 16-6-10-2 part.]
As added by P.L.2-1993, SEC.27.
2023 Indiana Code › Title 16. Health › Article 44. Product Labeling and Inspection › Chapter 1. Labeling of Used or Reclaimed Lubricating Oil › 16-44-1-3. Temporary Injunction; Prohibition; Right to Hearing

Sec. 3. This chapter does not confer upon any court the right to grant temporary restraining orders or temporary injunctions under this chapter, and an injunction may not be issued until the defendant has had a day in court.
[Pre-1993 Recodification Citation: 16-6-10-2 part.]
As added by P.L.2-1993, SEC.27.
2023 Indiana Code › Title 16. Health › Article 44. Product Labeling and Inspection › Chapter 1. Labeling of Used or Reclaimed Lubricating Oil › 16-44-1-4. Injunction; Purpose

Sec. 4. (a) The granting or enforcing of an injunction under this chapter is a preventive measure for the protection of the people of this state, not a punitive measure.
(b) The fact that a person has been charged or convicted of a violation of this chapter does not prevent the issuance of an injunction to prevent further unlawful dealing in previously used, reclaimed, rerefined, recleaned, or reconditioned lubricating oils, lubricants, or mixtures of lubricants.
(c) The fact that an injunction has been granted under this chapter does not preclude criminal prosecution.
[Pre-1993 Recodification Citation: 16-6-10-2 part.]
As added by P.L.2-1993, SEC.27.
2023 Indiana Code › Title 16. Health › Article 44. Product Labeling and Inspection › Chapter 2. Inspection, Sale, and Delivery of Petroleum Products › 16-44-2-0.5. "Avgas"

Sec. 0.5. As used in this chapter, "avgas" means aviation fuel used in piston engine powered aircraft within the general aviation community.
As added by P.L.176-2023, SEC.70.
2023 Indiana Code › Title 16. Health › Article 44. Product Labeling and Inspection › Chapter 2. Inspection, Sale, and Delivery of Petroleum Products › 16-44-2-1. "Gasoline"

Sec. 1. As used in this chapter, "gasoline" has the meaning set forth in IC 6-6-1.1-103.
[Pre-1993 Recodification Citation: 16-6-11-1(e).]
As added by P.L.2-1993, SEC.27.
2023 Indiana Code › Title 16. Health › Article 44. Product Labeling and Inspection › Chapter 2. Inspection, Sale, and Delivery of Petroleum Products › 16-44-2-1.5. "Jet Fuel"

Sec. 1.5. As used in this chapter, "jet fuel" means aviation fuel designed for use in aircraft powered by gas-turbine engines.
As added by P.L.176-2023, SEC.71.
2023 Indiana Code › Title 16. Health › Article 44. Product Labeling and Inspection › Chapter 2. Inspection, Sale, and Delivery of Petroleum Products › 16-44-2-2. "Kerosene"

Sec. 2. As used in this chapter, "kerosene" means any light fuel oil:
(1) with an A.P.I. gravity of at least thirty-nine (39) degrees Fahrenheit as determined by the ASTM D-287-55 method; and
(2) having an end point of not greater than five hundred ninety (590) degrees Fahrenheit as determined by the ASTM D-86-56 distillation method.
[Pre-1993 Recodification Citation: 16-6-11-1(f).]
As added by P.L.2-1993, SEC.27. Amended by P.L.177-1993, SEC.3.
2023 Indiana Code › Title 16. Health › Article 44. Product Labeling and Inspection › Chapter 2. Inspection, Sale, and Delivery of Petroleum Products › 16-44-2-2.4. "Mtbe"

Sec. 2.4. As used in this chapter, "MTBE" refers to the gasoline additive methyl tertiary butyl ether.
As added by P.L.26-2002, SEC.2.
2023 Indiana Code › Title 16. Health › Article 44. Product Labeling and Inspection › Chapter 2. Inspection, Sale, and Delivery of Petroleum Products › 16-44-2-3. "Petroleum Products"

Sec. 3. (a) As used in this chapter, "petroleum products" includes the following:
(1) Gasoline.
(2) Naphtha.
(3) Kerosene.
(4) Distillate.
(5) Fuel oil.
(6) Similar petroleum products, regardless of name, including benzol and other similar products that are or may be used in the blending of motor fuel.
(b) The term does not include the following:
(1) Lubricating oils.
(2) Any product having:
(A) a Saybolt universal viscosity at one hundred (100) degrees Fahrenheit of at least seventy (70) seconds; and
(B) a flash point of at least one hundred fifty (150) degrees Fahrenheit by the ASTM method.
[Pre-1993 Recodification Citation: 16-6-11-1(a).]
As added by P.L.2-1993, SEC.27.
2023 Indiana Code › Title 16. Health › Article 44. Product Labeling and Inspection › Chapter 2. Inspection, Sale, and Delivery of Petroleum Products › 16-44-2-4. Gasoline and Kerosene for Sale or Use in Indiana; Inspection of Samples; Fee

Sec. 4. (a) The state department or any authorized agent of the state department may inspect samples of gasoline or kerosene stored in any tank:
(1) that is adjacent to a refinery or marine or pipeline terminal in Indiana; and
(2) from which withdrawals are made for sale or use in Indiana or for transportation to destinations in Indiana other than transportation to other refineries or terminals in Indiana.
(b) Gasoline or kerosene inspected under subsection (a) is subject to the inspection fee specified in section 18 of this chapter whenever the stock in the tank is replenished.
[Pre-1993 Recodification Citation: 16-6-11-3(a).]
As added by P.L.2-1993, SEC.27. Amended by P.L.177-1993, SEC.4.
2023 Indiana Code › Title 16. Health › Article 44. Product Labeling and Inspection › Chapter 2. Inspection, Sale, and Delivery of Petroleum Products › 16-44-2-5. Imported Gasoline and Kerosene; Inspection of Samples; Fee

Sec. 5. (a) The state department or any authorized agent of the state department may inspect samples of gasoline or kerosene imported into Indiana other than that placed in storage at refineries or marine or pipeline terminals in Indiana.
(b) Gasoline or kerosene inspected under subsection (a) is subject to the inspection fee specified in section 18 of this chapter.
(c) A person who receives gasoline or kerosene:
(1) that is imported into Indiana (other than that placed in storage at refineries or marine or pipeline terminals in Indiana); and
(2) on which the inspection fee has not been paid;
shall notify the state department of the receipt of the gasoline or kerosene.
[Pre-1993 Recodification Citation: 16-6-11-3(b).]
As added by P.L.2-1993, SEC.27. Amended by P.L.177-1993, SEC.5.
2023 Indiana Code › Title 16. Health › Article 44. Product Labeling and Inspection › Chapter 2. Inspection, Sale, and Delivery of Petroleum Products › 16-44-2-6. Place of Inspections

Sec. 6. The state department may conduct inspections and tests on gasoline or kerosene at any place the gasoline or kerosene is offered for sale in Indiana.
[Pre-1993 Recodification Citation: 16-6-11-3(c) part.]
As added by P.L.2-1993, SEC.27. Amended by P.L.177-1993, SEC.6.
2023 Indiana Code › Title 16. Health › Article 44. Product Labeling and Inspection › Chapter 2. Inspection, Sale, and Delivery of Petroleum Products › 16-44-2-7. Prohibition on Sale of Defective Products

Sec. 7. (a) If the state department's inspection of gasoline or kerosene under this chapter reveals that the gasoline or kerosene fails to meet the specifications prescribed by law for those products, the state department may prohibit the sale of those products.
(b) A person may not offer for sale any gasoline or kerosene that the state department has prohibited from sale.
[Pre-1993 Recodification Citation: 16-6-11-3(c) part.]
As added by P.L.2-1993, SEC.27. Amended by P.L.177-1993, SEC.7.
2023 Indiana Code › Title 16. Health › Article 44. Product Labeling and Inspection › Chapter 2. Inspection, Sale, and Delivery of Petroleum Products › 16-44-2-9. Petroleum Products Containing Ethanol or Methanol; Sale or Delivery Other Than Retail; Instrument Requirements

Sec. 9. (a) A person who sells or delivers a petroleum product containing ethanol (ethyl alcohol) or methanol (methyl alcohol), or both, to a person other than a retail consumer must place on the instrument evidencing the sale or delivery of the petroleum product:
(1) the name of each alcohol; and
(2) the percentage (to the nearest whole percent), by volume, of each alcohol;
that is contained in the petroleum product sold or delivered by the person.
(b) A person who fails to comply with this section commits a Class A infraction.
[Pre-1993 Recodification Citation: 16-6-11-5.2.]
As added by P.L.2-1993, SEC.27.
2023 Indiana Code › Title 16. Health › Article 44. Product Labeling and Inspection › Chapter 2. Inspection, Sale, and Delivery of Petroleum Products › 16-44-2-10. Repealed

[Pre-1993 Recodification Citation: 16-6-11-5.5.]
As added by P.L.2-1993, SEC.27. Amended by P.L.177-1993, SEC.9. Repealed by P.L.123-1994, SEC.3.
2023 Indiana Code › Title 16. Health › Article 44. Product Labeling and Inspection › Chapter 2. Inspection, Sale, and Delivery of Petroleum Products › 16-44-2-11. Samples; Inspections and Tests

Sec. 11. (a) The state department or any authorized agent of the state department may take samples of petroleum products for tests, make inspections at any points inside or outside Indiana, open any original container containing petroleum products, and take a true sample of not less than sixteen (16) ounces of the contents, even though the original container may still be in the possession of a common or contract carrier if opening and sampling does not unduly inconvenience or hamper the transportation of the products. The state department or any authorized agent of the state department may not take a sample that exceeds sixty-four (64) fluid ounces.
(b) If an original container is opened and sampled under subsection (a), the container shall be resealed with seals furnished by the state department or any authorized agent of the state department.
[Pre-1993 Recodification Citation: 16-6-11-6 part.]
As added by P.L.2-1993, SEC.27. Amended by P.L.177-1993, SEC.10.
2023 Indiana Code › Title 16. Health › Article 44. Product Labeling and Inspection › Chapter 2. Inspection, Sale, and Delivery of Petroleum Products › 16-44-2-12. Powers of Law Enforcement Officers

Sec. 12. The authorized agents or employees of the state department have the authority of law enforcement officers in the enforcement of this chapter, including the authority to arrest, with or without warrants, and to take offenders to courts for prosecution.
[Pre-1993 Recodification Citation: 16-6-11-6 part.]
As added by P.L.2-1993, SEC.27. Amended by P.L.177-1993, SEC.11.
2023 Indiana Code › Title 16. Health › Article 44. Product Labeling and Inspection › Chapter 2. Inspection, Sale, and Delivery of Petroleum Products › 16-44-2-13. Rules and Regulations Governing Inspections, Forms, and Enforcement

Sec. 13. The state department may adopt rules under IC 4-22-2 concerning the following:
(1) Methods of inspections.
(2) The providing of forms required.
(3) Other matters necessary for the enforcement of this chapter.
[Pre-1993 Recodification Citation: 16-6-11-6 part.]
As added by P.L.2-1993, SEC.27. Amended by P.L.177-1993, SEC.12.
2023 Indiana Code › Title 16. Health › Article 44. Product Labeling and Inspection › Chapter 2. Inspection, Sale, and Delivery of Petroleum Products › 16-44-2-14. Railroad and Transportation Companies; Records; Inspections

Sec. 14. (a) Every agent and employee of any railroad company or other transportation company that has the custody of books or records showing the shipment or receipt of petroleum products shall give and permit the state department or the state department's agents and employees free access to those books and records for the purpose of determining the amount of those products shipped and received.
(b) All clerks, bookkeepers, express agents, railroad agents or officials, employees of common carriers or contract carriers, or other persons shall assist the state department or the state department's employees or authorized agents, when so requested, in tracing, finding, and inspecting shipments.
[Pre-1993 Recodification Citation: 16-6-11-7.]
As added by P.L.2-1993, SEC.27. Amended by P.L.177-1993, SEC.13.
2023 Indiana Code › Title 16. Health › Article 44. Product Labeling and Inspection › Chapter 2. Inspection, Sale, and Delivery of Petroleum Products › 16-44-2-15. Receipt of Kerosene or Gasoline; Definition

Sec. 15. For the purposes of this chapter, gasoline or kerosene is considered to be received in Indiana as follows:
(1) If stored in tanks adjacent to a refinery or a marine or pipeline terminal in Indiana, the gasoline or kerosene is considered to be received when withdrawn from storage for sale or use in Indiana or for transportation to destinations in Indiana other than for transfer to other refineries or marine or pipeline terminals in Indiana and not before. When so withdrawn, the gasoline or kerosene is considered to be received by the person who is the owner of the gasoline or kerosene at the time of withdrawal unless the gasoline or kerosene is withdrawn for transportation or delivery to or for the account of a person who is bonded under the gasoline tax law (IC 6-6-1.1), in which case the gasoline or kerosene is considered to be received by the person to or for whose account the gasoline or kerosene is transported or delivered.
(2) If imported into Indiana (other than to a refinery or marine or pipeline terminal in Indiana), the gasoline or kerosene is considered to be received at the time and by the person who is the owner of the gasoline or kerosene when the gasoline or kerosene is spotted or placed for unloading in Indiana.
(3) If produced, blended, or compounded in Indiana other than at a refinery or a marine or pipeline terminal, the gasoline or kerosene is considered to be received when produced, blended, or compounded.
[Pre-1993 Recodification Citation: 16-6-11-8(a).]
As added by P.L.2-1993, SEC.27.
2023 Indiana Code › Title 16. Health › Article 44. Product Labeling and Inspection › Chapter 2. Inspection, Sale, and Delivery of Petroleum Products › 16-44-2-16. Records of Tests and Inspections

Sec. 16. The state department shall keep the records necessary for the purposes of this chapter of all tests and inspections under this chapter.
[Pre-1993 Recodification Citation: 16-6-11-8(b) part.]
As added by P.L.2-1993, SEC.27. Amended by P.L.177-1993, SEC.14.
2023 Indiana Code › Title 16. Health › Article 44. Product Labeling and Inspection › Chapter 2. Inspection, Sale, and Delivery of Petroleum Products › 16-44-2-17. Certificate of Inspection

Sec. 17. (a) The state department shall furnish to the person for whom inspections are made under this chapter a certificate of inspection covering each receipt by that person of gasoline or kerosene with respect to which an inspection is made. The certificate must indicate the following:
(1) The date of the inspection.
(2) The identity of the container from which the sample was taken.
(3) The kind and quantity of the product received.
(4) The identity of the conveyance by which the product was received.
(5) The result of the test and inspection.
(b) To enable the state department to make certificates covering withdrawals from storage at a refinery or marine or pipeline terminal and the receipt of gasoline or kerosene at other points in Indiana, the records of withdrawals and receipts shall be available to the state department during all reasonable business hours.
[Pre-1993 Recodification Citation: 16-6-11-8(b) part.]
As added by P.L.2-1993, SEC.27. Amended by P.L.177-1993, SEC.15.
2023 Indiana Code › Title 16. Health › Article 44. Product Labeling and Inspection › Chapter 2. Inspection, Sale, and Delivery of Petroleum Products › 16-44-2-18.5. Special Fuel Inspection Fee; Collection; Refunds

Sec. 18.5. (a) As used in this section, "special fuel" has the meaning set forth in IC 6-6-2.5-22, except that the term does not include kerosene.
(b) Except as provided in subsection (c), fees for the inspection of special fuel shall be at the rate of fifty cents ($0.50) per barrel (fifty (50) gallons) on all special fuel sold or used in producing or generating power for propelling motor vehicles in Indiana less deductions provided in this section.
(c) A fee for the inspection of special fuel may not be charged with respect to special fuel that is exempt from the special fuel tax under IC 6-6-2.5-30.
(d) The fee imposed by this chapter on special fuel sold or used in producing or generating power for propelling motor vehicles in Indiana shall be collected and remitted to the state at the same time, by the same person, and in accordance with the same requirements for collection and remittance of the special fuels tax under IC 6-6-2.5-35.
(e) Fees collected under this section shall be deposited by the department in the petroleum storage tank excess liability trust fund established by IC 13-23-7-1.
(f) A person who receives a refund of special fuel tax under IC 6-6-2.5 is also entitled to a refund of fees paid under this section if:
(1) the fees were paid with respect to special fuel that was used for an exempt purpose described in IC 6-6-2.5-30; and
(2) the person submits to the department of state revenue a claim for a refund, in the form prescribed by the department of state revenue, that includes the following information:
(A) Any evidence requested by the department of state revenue concerning the person's:
(i) payment of the fee imposed by this section; and
(ii) receipt of a refund of special fuel taxes from the department of state revenue under IC 6-6-2.5.
(B) Any other information reasonably requested by the department of state revenue.
The department of state revenue may make any investigation it considers necessary before refunding fees to a person.
As added by P.L.214-2005, SEC.61. Amended by P.L.1-2006, SEC.307; P.L.176-2023, SEC.73.
2023 Indiana Code › Title 16. Health › Article 44. Product Labeling and Inspection › Chapter 2. Inspection, Sale, and Delivery of Petroleum Products › 16-44-2-19. Disposition of Funds Collected

Sec. 19. All money collected for inspections under this chapter shall be deposited in the petroleum storage tank excess liability trust fund established by IC 13-23-7-1.
[Pre-1993 Recodification Citation: 16-6-11-10.]
As added by P.L.2-1993, SEC.27. Amended by P.L.1-1996, SEC.78; P.L.2-1998, SEC.61; P.L.176-2023, SEC.74.
2023 Indiana Code › Title 16. Health › Article 44. Product Labeling and Inspection › Chapter 2. Inspection, Sale, and Delivery of Petroleum Products › 16-44-2-20. Inspectors; Conflict of Interest

Sec. 20. A person employed by the state department to make inspections under this chapter may not do any of the following:
(1) Directly or indirectly engage in the business of dealing in petroleum products.
(2) Engage in any other business of a nature that prevents proper attention to the details and duties of the necessary inspections as prescribed by this chapter.
[Pre-1993 Recodification Citation: 16-6-11-11.]
As added by P.L.2-1993, SEC.27. Amended by P.L.177-1993, SEC.17.
2023 Indiana Code › Title 16. Health › Article 44. Product Labeling and Inspection › Chapter 2. Inspection, Sale, and Delivery of Petroleum Products › 16-44-2-21. False or Altered Mark or Brand

Sec. 21. A person may not knowingly mark or brand falsely a container of petroleum products or change, alter, or deface the mark or brand of such a container.
[Pre-1993 Recodification Citation: 16-6-11-12.]
As added by P.L.2-1993, SEC.27.
2023 Indiana Code › Title 16. Health › Article 44. Product Labeling and Inspection › Chapter 2. Inspection, Sale, and Delivery of Petroleum Products › 16-44-2-22. Violations

Sec. 22. Except as provided in section 9 of this chapter, a person who recklessly violates this chapter commits a Class B misdemeanor.
[Pre-1993 Recodification Citation: 16-6-11-15.]
As added by P.L.2-1993, SEC.27. Amended by P.L.9-2022, SEC.35.
2023 Indiana Code › Title 16. Health › Article 44. Product Labeling and Inspection › Chapter 3. Inspection, Labeling, and Registration of Motor Fuel and Motor Fuel Outlets › 16-44-3-1. Accuracy of Octane Labeling; Program

Sec. 1. To ensure uniformity among the requirements for motor fuels in Indiana, this chapter establishes a program to assure the accuracy of the octane labeling of motor fuels.
[Pre-1993 Recodification Citation: 16-6-13-1.]
As added by P.L.2-1993, SEC.27.
2023 Indiana Code › Title 16. Health › Article 44. Product Labeling and Inspection › Chapter 3. Inspection, Labeling, and Registration of Motor Fuel and Motor Fuel Outlets › 16-44-3-1.5. Outlets Selling Aviation Fuels Only; Applicability of Chapter

Sec. 1.5. This chapter does not apply to motor fuel outlets where only aviation fuels are distributed or sold.
As added by P.L.177-1993, SEC.18.
2023 Indiana Code › Title 16. Health › Article 44. Product Labeling and Inspection › Chapter 3. Inspection, Labeling, and Registration of Motor Fuel and Motor Fuel Outlets › 16-44-3-2. "Motor Fuel" Defined

Sec. 2. As used in this chapter, "motor fuel" means gasoline or gasoline-oxygenate blends suitable for use as a fuel in a motor vehicle.
[Pre-1993 Recodification Citation: 16-6-13-3.]
As added by P.L.2-1993, SEC.27.
2023 Indiana Code › Title 16. Health › Article 44. Product Labeling and Inspection › Chapter 3. Inspection, Labeling, and Registration of Motor Fuel and Motor Fuel Outlets › 16-44-3-3. "Motor Fuel Outlet" Defined

Sec. 3. As used in this chapter, "motor fuel outlet" means a location where motor fuel is sold at retail to the public.
[Pre-1993 Recodification Citation: 16-6-13-4.]
As added by P.L.2-1993, SEC.27.
2023 Indiana Code › Title 16. Health › Article 44. Product Labeling and Inspection › Chapter 3. Inspection, Labeling, and Registration of Motor Fuel and Motor Fuel Outlets › 16-44-3-4. Enforcement and Administration of Chapter

Sec. 4. The state department shall enforce and administer this chapter.
[Pre-1993 Recodification Citation: 16-6-13-7.]
As added by P.L.2-1993, SEC.27.
2023 Indiana Code › Title 16. Health › Article 44. Product Labeling and Inspection › Chapter 3. Inspection, Labeling, and Registration of Motor Fuel and Motor Fuel Outlets › 16-44-3-5. Inspections; Rules and Regulations

Sec. 5. (a) The state department shall establish a motor fuel inspection program that provides for the:
(1) inspection; and
(2) analysis;
of octane levels of motor fuels sold at motor fuel outlets.
(b) The state department shall adopt rules under IC 4-22-2 to use the test standards and tolerances set forth in the Annual Book of ASTM Standards and Supplements, except as amended or modified by the state department.
[Pre-1993 Recodification Citation: 16-6-13-8.]
As added by P.L.2-1993, SEC.27.
2023 Indiana Code › Title 16. Health › Article 44. Product Labeling and Inspection › Chapter 3. Inspection, Labeling, and Registration of Motor Fuel and Motor Fuel Outlets › 16-44-3-6. Adoption of Rules

Sec. 6. The state department may adopt rules under IC 4-22-2 to implement this chapter.
[Pre-1993 Recodification Citation: 16-6-13-9.]
As added by P.L.2-1993, SEC.27.
2023 Indiana Code › Title 16. Health › Article 44. Product Labeling and Inspection › Chapter 3. Inspection, Labeling, and Registration of Motor Fuel and Motor Fuel Outlets › 16-44-3-7. Inspection Program; Powers of Department

Sec. 7. In establishing the inspection program, the state department shall collect samples of motor fuel on a random basis for testing and analysis. The state department may do the following:
(1) Obtain access to motor fuel outlets during normal business hours for the following purposes:
(A) Examination.
(B) Inspection.
(C) Investigation.
(2) Issue a stop sale order for violation of this chapter or for a motor fuel found not to be in compliance with the standards set forth in this chapter.
(3) Rescind a stop sale order under subdivision (2) if the motor fuel is brought into full compliance with this chapter.
(4) Refuse to issue, revoke, or suspend the registration of a motor fuel that is not in full compliance with this chapter.
[Pre-1993 Recodification Citation: 16-6-13-10.]
As added by P.L.2-1993, SEC.27.