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Indiana Statutes, Title 24

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Indiana/Statutes

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Title 24, TRADE REGULATION

172 chapters · 1,404 sections in this title.

All chapters in Title 241,404 Ch 2, Combinations Restraining Trade160 Ch 3, Combinations to Prevent Sale of Supplies105 Ch 1, Contracts to Prevent Competition89 Ch 5, Motion Picture Fair Competition80 Ch 4, Combinations Compelling Manufacturer…79 Ch 6, Assignability51 Ch 9, Licensure48 Ch 7, Attorney Prohibitions47 Ch 8, Privileged Communication47 Ch 11, Commercial Litigation Financing40 Ch 13, Used Jewelry Sales39 Ch 27.5, Proxy Advisors39 Ch 12, Unused Property Market Regulation38 Ch 5.4, Master Settlement Agreement Protecti…34

34 sections·Filtered byTitle 24✕Ch 5.4✕

Ind. Code § 24-3-5.4-1 "Brand family"
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Sec. 1. As used in this chapter, "brand family" means cigarettes that are: (1) sold under the same trademark; and (2) differentiated from one another by means of modifiers such as menthol, lights, kings, or 100s. The term includes the use of a brand name, trademark, logo, symbol,…
Ind. Code § 24-3-5.4-10 "Stamping agent"
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Sec. 10. As used in this chapter, "stamping agent" means a person that may affix a stamp to a package of cigarettes under IC 6-7-1-15. As added by P.L.252-2003, SEC.16.
Ind. Code § 24-3-5.4-11 "Tobacco product manufacturer"
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Sec. 11. As used in this chapter, "tobacco product manufacturer" has the meaning set forth in IC 24-3-3-10. As added by P.L.252-2003, SEC.16.
Ind. Code § 24-3-5.4-12 "Units sold"
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Sec. 12. As used in this chapter, "units sold" has the meaning set forth in IC 24-3-3-11. As added by P.L.252-2003, SEC.16.

Ind. Code § 24-3-5.4-13 Tobacco product manufacturer certification; brand family list; maintenance of sales documentation by nonparticipating manufacturer

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Sec. 13. (a) Not later than April 30 of each year, a tobacco product manufacturer whose cigarettes are sold in Indiana, whether directly or through a distributor, retailer, or similar intermediary, shall certify to the department and the attorney general that, as of the date of t…

Ind. Code § 24-3-5.4-13.5 Importers required to provide information to the attorney general

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Sec. 13.5. (a) This section applies to a nonparticipating manufacturer whose principal place of business is located outside the United States. (b) Each year, a nonparticipating manufacturer shall provide to the attorney general a declaration from each of the nonparticipating manu…

Ind. Code § 24-3-5.4-13.6 Bonds required for certain newly qualified and certain nonparticipating manufacturers

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Sec. 13.6. (a) The attorney general may determine that a nonparticipating manufacturer, including a newly qualified nonparticipating manufacturer, poses an elevated risk for noncompliance with this article if any of the following apply: (1) The nonparticipating manufacturer or an…

Ind. Code § 24-3-5.4-14 Brand family directory; refunds

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Sec. 14. (a) Not later than July 1 of each year, the attorney general shall make available to the public by publishing on accessIndiana (as operated under IC 4-13.1-2) a directory listing all brand families listed in certifications filed under section 13 of this chapter. (b) A di…

Ind. Code § 24-3-5.4-15 Stamping, sale, or importation of unlisted cigarettes prohibited

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Sec. 15. A person may not: (1) affix a stamp to a package or other container of cigarettes; or (2) sell, offer or possess for sale, or import for personal consumption in Indiana cigarettes; of a tobacco product manufacturer or brand family that is not listed in a directory under …

Ind. Code § 24-3-5.4-16 Appointment of agent by foreign nonparticipating manufacturer; termination of agency

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Sec. 16. (a) A foreign nonparticipating manufacturer that has not registered to do business in Indiana shall, as a condition precedent to having the foreign nonparticipating manufacturer's brand families listed in a directory under section 14 of this chapter, appoint and engage w…

Ind. Code § 24-3-5.4-17 Distributor or stamping agent required to send information to department, commission, and attorney general

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Sec. 17. (a) This section applies after July 31, 2003. (b) Not later than January 20, April 20, July 20, and October 20 of a calendar year, or more frequently if ordered by the department, the commission, or the attorney general, a distributor or stamping agent shall submit the f…

Ind. Code § 24-3-5.4-18 Disclosure of information received

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Sec. 18. (a) The department and the commission shall disclose to the attorney general any information received under this chapter and requested by the attorney general for purposes of determining compliance with and enforcing this chapter. The department, the commission, and the …

Ind. Code § 24-3-5.4-19 Proof of qualified escrow fund by nonparticipating manufacturer

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Sec. 19. The attorney general may require a nonparticipating manufacturer to provide from the financial institution that holds the nonparticipating manufacturer's qualified escrow fund for purposes of complying with this chapter proof of: (1) the amount of money in the qualified …

Ind. Code § 24-3-5.4-2 "Cigarette"

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Sec. 2. As used in this chapter, "cigarette" has the meaning set forth in IC 24-3-3-5. As added by P.L.252-2003, SEC.16.

Ind. Code § 24-3-5.4-20 Rules

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Sec. 20. The department or the attorney general may adopt rules under IC 4-22-2 to implement this chapter, including rules to: (1) require a tobacco product manufacturer subject to section 13(c) of this chapter to make required escrow deposits in installments during the calendar …

Ind. Code § 24-3-5.4-21 Revocation of suspension of distributor's license; penalty

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Sec. 21. (a) This section applies in addition to or instead of any other civil or criminal penalty. (b) The department may revoke or suspend the license of a distributor, a stamping agent, or any other person that violates section 15 of this chapter. (c) Each: (1) stamp affixed; …

Ind. Code § 24-3-5.4-22 Seizure and forfeiture of unlisted cigarettes

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Sec. 22. Whenever the department or the commission discovers any cigarettes that have been sold, offered for sale, or possessed for sale in Indiana in violation of section 15 of this chapter, the department or the commission may seize and take possession of the cigarettes. The se…

Ind. Code § 24-3-5.4-23 Injunction

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Sec. 23. The attorney general may seek an injunction to: (1) restrain a threatened or an actual violation of section 15 of this chapter by a stamping agent; and (2) compel the stamping agent to comply with sections 15, 17(b), and 17(c) of this chapter. As added by P.L.252-2003, S…

Ind. Code § 24-3-5.4-24 Violation; infraction or Class C misdemeanor

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Sec. 24. (a) A person shall not: (1) sell or distribute; or (2) acquire, hold, own, possess, transport, import, or cause to be imported; cigarettes that the person knows or should know are intended for distribution or sale in Indiana in violation of section 15 of this chapter. (b…

Ind. Code § 24-3-5.4-25 Unfair and deceptive business practice

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Sec. 25. A person who violates section 15 of this chapter engages in an unfair and deceptive business practice. As added by P.L.252-2003, SEC.16.

Ind. Code § 24-3-5.4-26 Judicial review

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Sec. 26. A determination by the attorney general to not list in or to remove from a directory under section 14 of this chapter a brand family or a tobacco product manufacturer is subject to review only by the Marion County circuit court. As added by P.L.252-2003, SEC.16.

Ind. Code § 24-3-5.4-27 Issuance of registration certificate

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Sec. 27. The department shall not issue a registration certificate under IC 6-7-1-16(a) to a distributor unless the distributor certifies in writing that the distributor will comply with this chapter. As added by P.L.252-2003, SEC.16.

Ind. Code § 24-3-5.4-28 Recovery of costs

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Sec. 28. In an action brought by the state to enforce this chapter, the state may recover: (1) the costs of investigation; (2) expert witness fees; (3) the costs of the action; and (4) attorney's fees. As added by P.L.252-2003, SEC.16.

Ind. Code § 24-3-5.4-29 Disgorged profits

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Sec. 29. If a court determines that a person has violated this chapter, the court shall order any profits, gain, gross receipts, or other benefit from the violation to be disgorged and paid to the treasurer of state for deposit in the Indiana tobacco master settlement agreement f…

Ind. Code § 24-3-5.4-3 "Commission"

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Sec. 3. As used in this chapter, "commission" means the alcohol and tobacco commission created by IC 7.1-2-1-1. As added by P.L.252-2003, SEC.16.

Ind. Code § 24-3-5.4-30 Penalties deposited in enforcement and administration fund

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Sec. 30. All: (1) civil penalties imposed under; and (2) judgments for violations of; this chapter shall be deposited in the enforcement and administration fund established under IC 7.1-4-10-1. As added by P.L.252-2003, SEC.16.

Ind. Code § 24-3-5.4-4 "Department"

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Sec. 4. As used in this chapter, "department" means the department of state revenue. As added by P.L.252-2003, SEC.16.

Ind. Code § 24-3-5.4-5 "Distributor"

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Sec. 5. As used in this chapter, "distributor" means a person that: (1) purchases cigarettes on which the tax under IC 6-7-1 is not paid; and (2) stores, sells, or otherwise disposes of the cigarettes. As added by P.L.252-2003, SEC.16.

Ind. Code § 24-3-5.4-5.5 "Importer"

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Sec. 5.5. As used in this chapter, "importer" means a person that imports, other than for personal consumption, one (1) or more brand families of a nonparticipating manufacturer. As added by P.L.24-2010, SEC.1.

Ind. Code § 24-3-5.4-6 "Master settlement agreement"

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Sec. 6. As used in this chapter, "master settlement agreement" has the meaning set forth in IC 24-3-3-6. As added by P.L.252-2003, SEC.16.

Ind. Code § 24-3-5.4-6.5 "Newly qualified nonparticipating manufacturer"

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Sec. 6.5. As used in this chapter, "newly qualified nonparticipating manufacturer" means a nonparticipating manufacturer: (1) that has filed a certification under section 13 of this chapter; and (2) whose brand families are not listed in a directory under section 14 of this chapt…

Ind. Code § 24-3-5.4-7 "Nonparticipating manufacturer"

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Sec. 7. As used in this chapter, "nonparticipating manufacturer" means a tobacco product manufacturer that is not a participating manufacturer. As added by P.L.252-2003, SEC.16.

Ind. Code § 24-3-5.4-8 "Participating manufacturer"

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Sec. 8. As used in this chapter, "participating manufacturer" has the meaning set forth in IC 24-3-3-12(1). As added by P.L.252-2003, SEC.16.

Ind. Code § 24-3-5.4-9 "Qualified escrow fund"

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Sec. 9. As used in this chapter, "qualified escrow fund" has the meaning set forth in IC 24-3-3-7. As added by P.L.252-2003, SEC.16.