Title 24, TRADE REGULATION

Sec. 3. As used in this chapter, "claim" means a right to payment, whether or not the right is reduced to judgment, liquidated, fixed, matured, disputed, secured, legal, or equitable. The term includes costs of collection and attorney's fees only to the extent that the laws of In…

Sec. 4. As used in this chapter, "commission" means the fee that a consignor and a retail merchant have agreed that the retail merchant may retain after the sale of the consignor's item to a third party. The term includes any form of compensation, including a percentage of the ac…

Sec. 5. As used in this chapter, "creditor" means a person who has a claim. As added by P.L.85-2009, SEC.2.

Sec. 6. As used in this chapter, "on consignment" means that no: (1) title to; (2) estate in; or (3) right to possession of; an item superior to that of the consignor vests in the consignee, even if the consignee has the authority to transfer the consignor's right, title, and int…

Sec. 7. As used in this chapter, "retail merchant" means a retail merchant making a retail transaction as described in IC 6-2.5-4-1. As added by P.L.85-2009, SEC.2.

Sec. 8. (a) When a person delivers an item to a retail merchant for the purpose of: (1) sale; (2) exhibition; or (3) sale and exhibition; for a commission, the delivery to and acceptance of the item by the retail merchant places the item on consignment, unless the delivery is und…

Sec. 9. (a) If an item is trust property under section 8 of this chapter when a retail merchant initially receives it, the item remains trust property until the balance due the consignor from the sale of the item is paid in full, even if the retail merchant directly or indirectly…

Sec. 1. It is the policy of the state to discourage deceptive environmental advertising claims. As added by P.L.13-1991, SEC.2.

Sec. 10. As used in this chapter, "recycled" means that an article contains at least ten percent (10%) by weight of postconsumer or post manufacture material. As added by P.L.13-1991, SEC.2.

Sec. 11. For purposes of this chapter, a wholesaler or retailer is not considered to have made a representation if the wholesaler or retailer does not initiate a representation by placing the representation on a package. As added by P.L.13-1991, SEC.2.

Sec. 12. A person shall maintain in written form in the person's records the following information and documentation supporting the validity of the representation: (1) The reasons why the person believes the representation to be true. (2) Any significant adverse environmental imp…

Sec. 13. Upon the written request of the department of environmental management established by IC 13-13-1-1 or the office of the attorney general created under IC 4-6-1-2, a person shall fully disclose to the requesting office, within the limits of all applicable laws, the inform…

Sec. 14. (a) A person who knowingly violates this chapter commits a deceptive act that is subject to remedies and penalties under IC 24-5-0.5. (b) A person who suffers actual damages from a violation of this act may bring an action to recover the actual damage plus attorney's fee…

Sec. 2. (a) This chapter applies to a person who represents in advertising or on the label or package of a consumer good that the consumer good the person manufactures or distributes, or its package, is not harmful to or is beneficial to the natural environment by terms such as t…

Sec. 3. As used in this chapter, "biodegradable" means that material has the proven capability to decompose in less than one (1) year in the most common environment where the material is usually disposed through natural biological processes into nontoxic carbonaceous soil, water,…

Sec. 4. As used in this chapter, "compostable" means that material will decompose into a soil-like material in less than one (1) year under controlled biological circumstances. As added by P.L.13-1991, SEC.2.

Sec. 5. As used in this chapter, "consumer goods" means an article that is used or bought for use primarily for personal, family, or household purposes. As added by P.L.13-1991, SEC.2.

Sec. 6. As used in this chapter, "ozone friendly" or any similar term that connotes that stratospheric ozone is not being depleted through use or production of the product means that a chemical or material released into the environment as a result of the use or production of a pr…

Sec. 7. As used in this chapter, "package" means the coating, covering, container, or wrapping used during a product's life cycle, including any outer container, wrapping, or label used in the retail display of any consumer goods. As added by P.L.13-1991, SEC.2.

Sec. 8. As used in this chapter, "photodegradable" means that material has the proven capability to decompose within one (1) year into nontoxic carbonaceous soil, water, or carbon dioxide in the most common environment where the material is usually disposed through physical proce…

Sec. 9. As used in this chapter, "recyclable" means that a material or product can be redeemed or returned at an identifiable recycling location for the purpose of returning the material to the economic mainstream in the form of raw material for new, reused, or reconstituted mate…