Title 24, TRADE REGULATION

Sec. 3. A person who recklessly violates this chapter commits a Class C misdemeanor. Formerly: Acts 1947, c.143, s.3. As amended by Acts 1978, P.L.2, SEC.2407.

Sec. 4. The attorney general, prosecuting attorney or any citizen of any county where any person, firm, limited liability company, corporation, or association shall be engaged in the violation of the provisions of this chapter may, in accordance with the laws of the state of Indi…

Sec. 1. It is declared to be the public policy of this state to promote the public welfare by making unlawful unfair, dishonest, deceptive, destructive and fraudulent business practices now existing in transactions involving the sale of, offer to sell, or inducement to sell cigar…

Sec. 10. (a) In establishing the cost of cigarettes to the retailer or distributor, the invoice cost of said cigarettes purchased at a forced, bankrupt, or close-out sale, or other sale outside of the ordinary channels of trade, may not be used as a basis for justifying a price l…

Sec. 11. Where a cost survey pursuant to recognized statistical and cost accounting practices has been made for the trading area in which the offense is committed to establish the lowest cost to the retailer and the lowest cost to the distributor, said cost survey shall be deemed…

Sec. 12. (a) The department, or any person injured by any violation or who shall suffer injury from any threatened violation of this chapter, may maintain an action in any court of equitable jurisdiction to prevent, restrain, or enjoin such violation or threatened violation. If i…

Sec. 13. (a) The department may adopt rules for the enforcement of this chapter, and the department is empowered to and may undertake a cost survey, as provided for in section 11 of this chapter. The department may, in accordance with IC 4-21.5-3, suspend or revoke any registrati…

Sec. 2. Unless the context in this chapter requires otherwise, the term: (a) "Cigarette" shall mean and include any roll for smoking made wholly or in part of tobacco, irrespective of size or shape and irrespective of tobacco being flavored, adulterated, or mixed with any other i…

Sec. 3. (a) It is a Class A infraction for a retailer or distributor, with intent to injure competitors or destroy or substantially lessen competition, to offer to sell or sell at retail or wholesale cigarettes at less than the cost to him. The registration certificate held by su…

Sec. 4. In all offers for sale or sales involving two (2) or more items, at least one (1) of which items is cigarettes, at a combined price, and in all offers for sale or sales, involving the giving of any gift or concession of any kind whatsoever (whether it be coupons or otherw…

Sec. 4.7. (a) A retailer shall produce an invoice or other documentary evidence proving that the retailer obtained cigarettes or a tobacco product (as defined in IC 6-7-2-5) from a distributor that holds a valid registration certificate. (b) Each day a retailer fails to produce a…

Sec. 5. When one distributor sells cigarettes to any other distributor, the former shall not be required to include in his selling price to the latter cost to the distributor as provided in section 2(j) of this chapter, but the latter distributor, upon resale to the retailer, sha…

Sec. 6. The provisions of this chapter shall not apply to sales at retail or sales at wholesale made: (a) in an isolated transaction and not in the usual course of business; (b) where cigarettes are offered for sale or sold in bona fide clearance sales for the purpose of disconti…

Sec. 7. (a) Any retailer may offer to sell or sell cigarettes at a price made in good faith to meet the price of a competitor who is selling the same article at cost to him as a retailer, as defined in section 2(i) of this chapter. Any distributor may offer to sell or sell cigare…

Sec. 8. Any contract, expressed or implied, made by any person in violation of any of the provisions of this chapter is declared to be an illegal and void contract, and no recovery thereon shall be had. Formerly: Acts 1949, c.51, s.8. As amended by P.L.152-1986, SEC.39.

Sec. 9. (a) In determining cost to the retailer and cost to the distributor, the court or the department, as the case may be, shall receive and consider as bearing on the bona fides of such cost evidence tending to show that any person complained against under any of the provisio…

Sec. 1. No person shall sell or issue to any person in this state any stamps, trading stamps, cash discount stamps, checks, ticket, coupon, or other similar devise which will entitle the holder thereof, on presentation thereof, either singly or in definite number, or receive, eit…

Sec. 2. Any person who shall sell or issue to any person engaged in any trade, business, or profession, any stamp, trading stamp, cash discount stamp, check, ticket, coupon, or other similar device which will entitle the holder, on presentation, either singly or in definite numbe…

Sec. 3. Any person engaged in any trade, business, or profession who shall distribute, deliver, or present to any person dealing with him, in consideration of any article or thing purchased, any stamp, trading stamp, cash discount stamp, check, ticket, coupon, or other similar de…

Sec. 4. The redeemable value of such stamps, trading stamps, cash discount stamp, check, ticket, coupon or other similar device, printed or legibly written on the face of said stamp as provided in this section shall be the same, whether redeemed in merchandise or in lawful money …

Sec. 5. No person, firm, limited liability company, or corporation shall give or deliver, as an inducement for or in connection with the sale of merchandise, any coupon, check, ticket, stamp, token, or similar device redeemable in money or in merchandise, as in this chapter provi…

Sec. 6. A person who violates this chapter commits a Class C infraction. Formerly: Acts 1913, c.299, s.6. As amended by Acts 1978, P.L.2, SEC.2410.

Sec. 21. No manufacturer shall sell or contract to sell specific goods which may become the subject-matter of a retail installment sale in this state, whether patented or unpatented, to any retail seller in this state on the condition or with an agreement or understanding, expres…

Sec. 22. Any threat, express or implied, made directly or indirectly to any retail seller in this state by any manufacturer that the manufacturer will discontinue or cease to sell, or refuse to enter into a contract to sell, or will terminate a contract to sell, specific goods wh…

Sec. 23. Any threat, express or implied, made directly or indirectly to any retail seller in this state by any licensee hereunder that is affiliated with or controlled by any manufacturer that the manufacturer will terminate his contract with or cease to sell specific goods which…

Sec. 24. No manufacturer shall pay or give or contract to pay or give any thing or service of value to any licensee in this state, and no licensee in this state shall accept or receive or contract or agree to accept or receive, directly or indirectly, any payment, thing or servic…

Sec. 1. The several boards of county commissioners within this state be, and they are hereby authorized and required to procure for their respective counties, and at the expense of the same, a set of the following measures and weights for the use of their county: that is; one (1)…

Sec. 1. The definitions in this chapter apply throughout this article. As added by P.L.254-1987, SEC.1.

Sec. 2. "Department" has the meaning set forth in IC 37-2-2-15.7. As added by P.L.254-1987, SEC.1. Amended by P.L.14-1992, SEC.62; P.L.115-2026, SEC.38.

Sec. 2.5. "Consumer Credit Protection Act" has the meaning set forth in IC 37-2-2-11. As added by P.L.159-2017, SEC.21. Amended by P.L.115-2026, SEC.39.

Sec. 3. "Consummation" means the time or date on which the lessee signs a rental purchase agreement. As added by P.L.254-1987, SEC.1.

Sec. 3.5. "Initial rental payment" means any up-front payment: (1) that is made by a lessee to a lessor, or to an agent acting on behalf of a lessor, for property under a rental purchase agreement; (2) that includes a rental payment that permits the lessee's use of the property f…

Sec. 5. "Lessee" means an individual who rents property under a rental purchase agreement. As added by P.L.254-1987, SEC.1.

Sec. 6. "Lessor" means an individual or other person who, in the ordinary course of business: (1) leases; (2) offers to lease; (3) arranges for the leasing of; or (4) accepts assignments of leases of; property under a rental purchase agreement. As added by P.L.254-1987, SEC.1. Am…

Sec. 7. "Period" means a day, week, month, or other subdivision of a year. As added by P.L.254-1987, SEC.1.

Sec. 8. "Property" means any property that: (1) is not real property or intangible personal property under Indiana law; (2) is used or intended for use by an individual primarily for personal, family, or household purposes; (3) a lessor holds complete and total ownership of, or o…

Sec. 8.5. "Regular rental payment" means a periodic payment in a fixed amount that permits a lessee's use of property under a rental purchase agreement for a specific time after the initial rental period. As added by P.L.176-2019, SEC.30.

Sec. 9. (a) "Rental purchase agreement" means an agreement between a lessor and a lessee that: (1) permits a lessee's use of property for a specified time; (2) has an initial period of four (4) months or less; (3) is automatically renewable with each rental payment; and (4) permi…

Sec. 1. The definitions in this chapter apply throughout this article. As added by P.L.233-1989, SEC.1.

Sec. 2. "Person" means an individual, corporation, the state or its subdivisions or agencies, business trust, estate, trust, partnership, association, cooperative, or any other legal entity. As added by P.L.233-1989, SEC.1.

Sec. 3. "Prize" means a gift, award, or other item distributed in a promotion. As added by P.L.233-1989, SEC.1.

Sec. 4. "Promoter" means a person conducting a promotion. As added by P.L.233-1989, SEC.1.

Sec. 5. "Promotion" means a written notice offering: (1) property; or (2) a chance to obtain property; to a person based on a representation that the person has been awarded or may have been awarded a prize. As added by P.L.233-1989, SEC.1.

Sec. 6. "Property" has the meaning set forth in IC 35-31.5-2-253. As added by P.L.233-1989, SEC.1. Amended by P.L.114-2012, SEC.49.

Sec. 7. "Sponsor" means a person on whose behalf a promotion is conducted to promote or advertise goods, services, or property of that person. As added by P.L.233-1989, SEC.1.

Sec. 8. "Verifiable retail value" means: (1) a price at which a promoter or sponsor can demonstrate that a substantial number of prizes have been sold at retail by a person other than the promoter or sponsor; or (2) if substantiation described in this section is not available to …