Title 22, LABOR AND SAFETY

Sec. 23. (a) Packages of cigarettes that are certified by a manufacturer under section 21 of this chapter must be marked to indicate compliance with the requirements of section 12 of this chapter. The marking must be in eight (8) point type or larger and consist of: (1) modificat…

Sec. 24. (a) A manufacturer, a wholesale dealer, an agent, or another person or entity that knowingly sells or offers to sell cigarettes, other than through retail sale, in violation of section 12 of this chapter is subject to a civil penalty not to exceed one hundred dollars ($1…

Sec. 25. (a) The: (1) department of state revenue, in the regular course of conducting inspections of wholesale dealers, agents, and retail dealers, as authorized under IC 6-7; and (2) alcohol and tobacco commission; may inspect cigarettes to determine if the cigarettes are marke…

Sec. 26. To enforce this chapter, the attorney general and the state fire marshal, their authorized representatives, and law enforcement officers may examine the books, papers, invoices, and other records of any person in possession, control, or occupancy of any premises where ci…

Sec. 27. (a) The fire prevention and public safety fund is established. The fund shall be administered by the state fire marshal. Money in the fund may be used to support: (1) fire safety and prevention programs; (2) processing, testing, enforcement, and oversight activities unde…

Sec. 27.5. On July 1, 2020, the auditor of state shall transfer the balance that remained on June 30, 2020, in the reduced ignition propensity standards for cigarettes fund established by section 22 of this chapter (before its repeal) to the fire prevention and public safety fund…

Sec. 28. Nothing in this chapter prohibits a person or entity from manufacturing or selling cigarettes that do not meet the requirements of section 12 of this chapter if the cigarettes: (1) are or will be stamped for sale in another state; or (2) are packaged for sale outside the…

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 29. The commission may adopt rules under IC 4-22-2 to implement this chapter. As added by P.L.82-2008, SEC.1.

Sec. 3. As used in this chapter, "cigarette" has the meaning set forth in IC 6-7-1-2. As added by P.L.82-2008, SEC.1.

Sec. 30. A local governmental unit may not adopt an ordinance concerning any subject regulated by this chapter. As added by P.L.82-2008, SEC.1.

Sec. 31. This chapter may not be construed to supersede or preempt applicable federal laws or regulations concerning reduced ignition propensity standards for cigarettes. As added by P.L.82-2008, SEC.1.

Sec. 4. As used in this chapter, "manufacturer" means: (1) an entity that manufactures or produces cigarettes or causes cigarettes to be manufactured or produced that the manufacturer intends to be sold in Indiana, including cigarettes intended to be sold in the United States thr…

Sec. 5. As used in this chapter, "quality control and quality assurance program" means the laboratory procedures implemented to ensure that: (1) operator bias, systematic and nonsystematic methodological errors, and equipment related problems do not affect the results of the test…

Sec. 6. As used in this chapter, "repeatability" means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall ninety-five percent (95%) of the time. As added by P.L.82-2008, SEC.1.

Sec. 7. As used in this chapter, "retail dealer" means a person, other than a manufacturer or wholesale dealer, that sells cigarettes. As added by P.L.82-2008, SEC.1.

Sec. 8. As used in this chapter, "sale" means any of the following: (1) Transfer of title or possession, or both. (2) Exchange or barter, including conditional exchanges or agreements. (3) Giving cigarettes as samples, prizes, or gifts. (4) Exchange of cigarettes for consideratio…

Sec. 9. As used in this chapter, "sell" means to: (1) sell; or (2) offer or agree to sell. As added by P.L.82-2008, SEC.1.

Sec. 0.5. As used in this chapter, "applicant" or "permittee" includes a successor in interest to an applicant or permittee, a renamed applicant or permittee, a trustee in bankruptcy of an applicant or a permittee, a reorganized form of an applicant or permittee following merger,…

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 0.6. (a) Except as provided in subsection (c), the department shall not inspect, and operating permits are not required for, the following regulated amusem…

Sec. 1. The department shall carry out a program of periodic on-site inspections of the erection and operation of regulated amusement devices. These inspections are not a prerequisite for operation of a device that is covered by a regulated amusement device operating permit. As a…

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 2. (a) The department shall issue a regulated amusement device operating permit to an applicant who qualifies under this section. If an applicant qualifies…

Sec. 2.5. (a) Except as provided in subsection (g) or (h), the department may not issue a permit under this chapter until the applicant has filed with the department a certificate of insurance indicating that the applicant has liability insurance: (1) in effect with an insurer th…

Sec. 3. (a) This section does not apply to a person who uses a regulated amusement device unless the person has authority to: (1) construct, repair, or maintain the regulated amusement device; or (2) place the regulated amusement device out of service. (b) This section applies to…

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 4. (a) The commission shall adopt rules under IC 4-22-2 to define appropriate training for a person who inspects regulated amusement devices. (b) The rules…

Sec. 5. (a) A permittee shall, during the permit period, maintain at each location operated by the permittee for each regulated amusement device at the location the following: (1) A current owner's manual. (2) Any operational manuals or maintenance guides. (3) Complete maintenanc…

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 7. In addition to a regularly scheduled inspection of a regulated amusement device, the commission may, upon demand by the commission, inspect a regulated …

Sec. 8. (a) The operator of a regulated amusement device: (1) must be at least sixteen (16) years of age; (2) must be in attendance whenever the regulated amusement device is in operation; and (3) may not operate more than one (1) regulated amusement device at a time. (b) The ope…

Sec. 9. A person that knowingly or intentionally operates a regulated amusement device without a valid permit for the regulated amusement device commits a Class A misdemeanor. As added by P.L.166-1997, SEC.12.

Sec. 1. A person who is injured by a violation of this article may bring a civil action for compensatory damages and injunctive relief. As added by P.L.196-2025, SEC.18.

Sec. 2. A prevailing plaintiff in an action under section 1 of this chapter may be awarded the following: (1) Court costs and reasonable attorney's fees. (2) Actual damages resulting from the violation. (3) Declaratory or injunctive relief. As added by P.L.196-2025, SEC.18.…

Sec. 1. (a) An aggrieved person may file a civil action in the circuit or superior court located in the county in which the alleged discriminatory practice occurred not later than one (1) year after the occurrence of the termination of an alleged discriminatory housing practice o…

Sec. 2. If the court finds that a discriminatory housing practice has occurred or is about to occur in an action under this chapter, the court may award to the prevailing party the following: (1) Actual and punitive damages. (2) Reasonable attorney's fees. (3) Court costs. (4) Su…

Sec. 3. Relief granted under this chapter does not affect a contract, a sale, an encumbrance, or a lease that: (1) was consummated before the granting of the relief; and (2) involved a bona fide purchaser, an encumbrancer, or a tenant who did not have actual notice of the filing …

Sec. 4. (a) The commission may intervene in an action under this article if the commission determines that the case is of general public importance. (b) The commission may obtain the same relief available to the commission under IC 22-9.5-8.1-2. As added by P.L.66-1990, SEC.2. Am…