Title 7.1, TITLE 7.1. TITLE 7.1. ALCOHOL AND TOBACCO
89 chapters · 1,072 sections in this title.
Ind. Code § 7.1-5-2-5 Repealed
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[Pre-1973 Recodification Citation: 7-1-1-33(w).] Formerly: Acts 1973, P.L.55, SEC.1. Repealed by P.L.57-1984, SEC.15.
Ind. Code § 7.1-5-2-6 Repealed
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[Pre-1973 Recodification Citation: 7-1-1-33(w).] Formerly: Acts 1973, P.L.55, SEC.1. As amended by Acts 1978, P.L.2, SEC.707; P.L.57-1984, SEC.14. Repealed by P.L.159-2014, SEC.25. IC 7.1-5-2-7 Limitation on brand name advertising near certain premises; temporary banners permitte…
Ind. Code § 7.1-6-2-0.3 Intent of general assembly regarding implementation and
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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 receiv…
Ind. Code § 7.1-6-2-0.4 Payment of penalties under section 8 of chapter; no imposition
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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 …
Ind. Code § 7.1-6-2-1 Enforcement
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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 He…
Ind. Code § 7.1-6-2-2 Unannounced inspections
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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. O…
Ind. Code § 7.1-6-2-3 Sale of cigarettes without health warning prohibited
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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…
Ind. Code § 7.1-6-2-4 Participation by minor in enforcement action
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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 ele…
Ind. Code § 7.1-6-2-5 Annual report
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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-…
Ind. Code § 7.1-6-2-6 Youth tobacco education and enforcement fund
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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 fu…
Ind. Code § 7.1-6-2-8 Payment of civil penalties; late penalties; interest
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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 …
Ind. Code § 7.1-7-2-1 Application of definitions
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Sec. 1. The definitions contained in this chapter apply throughout this article unless the context clearly requires otherwise. As added by P.L.176-2015, SEC.9.
Ind. Code § 7.1-7-2-10 "E-liquid"
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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.
Ind. Code § 7.1-7-2-11 "Employee"
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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 …
Ind. Code § 7.1-7-2-12 "Flavoring"
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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.
Ind. Code § 7.1-7-2-13 Repealed
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As added by P.L.176-2015, SEC.9. Repealed by P.L.206-2017, SEC.11.
Ind. Code § 7.1-7-2-14 Repealed
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As added by P.L.176-2015, SEC.9. Repealed by P.L.206-2017, SEC.12.
Ind. Code § 7.1-7-2-15 "Manufacturer"
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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.
Ind. Code § 7.1-7-2-15.5 "Manufacturer of a closed system vapor product"
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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.
Ind. Code § 7.1-7-2-16 "Manufacturing"
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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.
Ind. Code § 7.1-7-2-17 Repealed
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As added by P.L.176-2015, SEC.9. Repealed by P.L.49-2020, SEC.12.
Ind. Code § 7.1-7-2-17.5 "Modified risk tobacco product"
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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.
Ind. Code § 7.1-7-2-18 "Permit"
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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.
Ind. Code § 7.1-7-2-19 "Permittee"
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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.
Ind. Code § 7.1-7-2-2 "Applicant"
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Sec. 2. "Applicant" means a person who applies for a permit under this article. As added by P.L.176-2015, SEC.9.
Ind. Code § 7.1-7-2-20 Repealed
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As added by P.L.176-2015, SEC.9. Repealed by P.L.206-2017, SEC.17.
Ind. Code § 7.1-7-2-21 "Retailer"
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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 …
Ind. Code § 7.1-7-2-22 Repealed
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As added by P.L.176-2015, SEC.9. Repealed by P.L.206-2017, SEC.18.
Ind. Code § 7.1-7-2-22.5 "Shipping documents"
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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.
Ind. Code § 7.1-7-2-23 "Vapor product"
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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.
Ind. Code § 7.1-7-2-3 Repealed
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As added by P.L.176-2015, SEC.9. Repealed by P.L.206-2017, SEC.4.
Ind. Code § 7.1-7-2-4 Repealed
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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.
Ind. Code § 7.1-7-2-5 "Container"
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Sec. 5. "Container" means any receptacle that contains e-liquid. As added by P.L.176-2015, SEC.9.
Ind. Code § 7.1-7-2-6 Repealed
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As added by P.L.176-2015, SEC.9. Repealed by P.L.86-2018, SEC.139.
Ind. Code § 7.1-7-2-6.3 "Delivery sale"
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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 servi…
Ind. Code § 7.1-7-2-6.7 "Delivery service"
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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.
Ind. Code § 7.1-7-2-7 "Department"
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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.
Ind. Code § 7.1-7-2-8 "Distributor"
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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…
Ind. Code § 7.1-7-2-9 Repealed
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As added by P.L.176-2015, SEC.9. Repealed by P.L.206-2017, SEC.8.