Title 7.1, TITLE 7.1. TITLE 7.1. ALCOHOL AND TOBACCO

Sec. 1.4. For purposes of this chapter, "bottle" means a standard wine container that meets the requirements of 27 CFR 4.71. As added by P.L.279-2019, SEC.1.

Sec. 1.5. For purposes of this chapter, "bulk" means a container of more than sixty (60) liters. As added by P.L.279-2019, SEC.2.

Sec. 10. (a) This section applies to a permittee that conveys alcoholic beverages to a customer in a parking lot or an area adjacent to the brewery as provided under section 7(5)(H) of this chapter. (b) Alcoholic beverages must be: (1) in sealed containers; and (2) placed by an e…

Sec. 11. (a) A finished product of a food manufacturer that contains beer transferred to the food manufacturer under section 7(5)(Q) of this chapter may not contain more than one-half of one percent (0.5%) of alcohol by volume when the product leaves the food manufacturer's facil…

Sec. 2. (a) The commission may issue a brewer's permit for a brewery that manufactures more than ninety thousand (90,000) barrels of beer in a calendar year for sale or distribution within Indiana. The commission may issue a brewer's permit under this subsection for a brewery tha…

Sec. 3. Preference for Existing Permittees. A holder of a brewer's permit shall be entitled to preference in the issuance of a brewer's permit over a new applicant for that permit and the existing permittee shall not be refused the permit except for good cause after hearing. [Pre…

Sec. 4. A brewer or other person located outside Indiana who is desirous of selling beer or flavored malt beverage to an Indiana permittee for importation into and resale in Indiana, in order to qualify under this title, shall file with the commission a surety bond in a penal sum…

Sec. 5. There shall accompany the bond required by section 4 of this chapter an agreement by the applicant to: (1) pay to the state the taxes and fees levied by the state for which the applicant is liable on beer shipped or transported into Indiana; (2) furnish reports required b…

Sec. 6. Cessation of Manufacturing: Revocation of Permit. The commission may revoke the permit of a brewer if the brewer does not, in good faith, begin to manufacture beer within six (6) months after the issuance of the permit, or if he suspends manufacturing of beer for six (6) …

Sec. 7.5. (a) This section applies if: (1) a person having an interest in a brewer's permit under section 7(5) of this chapter also has an interest in a farm winery or an artisan distillery; and (2) the brewery production facility and the farm winery or artisan distillery product…

Sec. 8. Transportation of Beer. The transportation of beer to a county within this state shall be only in barrel or keg containers, or in bottles, or in other containers permissible under the rules and regulations of the commission. A brewer may ship beer to points outside this s…

Sec. 9. An out-of-state brewer holding either a primary source of supply permit or an out-of-state brewer's permit may: (1) appoint a beer wholesaler to perform the services described in IC 7.1-3-3-5(f)(1) through IC 7.1-3-3-5(f)(2); and (2) provide a fee to a beer wholesaler who…

Sec. 1. An excise tax, referred to as the beer excise tax, at the rate of eleven and one-half cents ($.115) a gallon is imposed upon the sale of beer or flavored malt beverage within Indiana. [Pre-1973 Recodification Citations: 7-1-1-41(a); 7-2-1-17(a); 7-4-1-1.] Formerly: Acts 1…

Sec. 2. (a) Except as provided in subsections (b) and (c), a brewer is liable for the beer excise tax on the sale or gift, or withdrawal for sale or gift, of beer or flavored malt beverage by the brewer to a person within Indiana. (b) In the case of a beer wholesaler receiving be…

[Pre-1973 Recodification Citation: 7-2-2-1.] As added by Acts 1973, P.L.55, SEC.1. Repealed by Acts 1973, P.L.56, SEC.38.

[Pre-1973 Recodification Citation: 7-2-2-1.] As added by Acts 1973, P.L.55, SEC.1. Repealed by Acts 1973, P.L.56, SEC.38.

[Pre-1973 Recodification Citation: 7-1-1-41.] As added by Acts 1973, P.L.55, SEC.1. Repealed by Acts 1973, P.L.56, SEC.38.

[Pre-1973 Recodification Citation: 7-1-1-41.] As added by Acts 1973, P.L.55, SEC.1. Repealed by Acts 1973, P.L.56, SEC.38.

Sec. 7. Copy of Invoice. A brewer or beer wholesaler in this state, when he delivers beer to a person, shall make a true duplicate invoice showing the date of delivery, the amount and value of the shipment and the name of the purchaser. The brewer or wholesaler shall give one (1)…

Sec. 8. A beer wholesaler within Indiana who receives beer or flavored malt beverage upon which the beer excise tax has been paid shall be entitled to a refund of the amount of the tax on all tax-paid beer or flavored malt beverage shipped from Indiana by the wholesaler for sale …

As added by Acts 1978, P.L.54, SEC.1. Repealed by P.L.103-1987, SEC.3.

[Pre-1973 Recodification Citation: 7-2-2-3.] As added by Acts 1973, P.L.55, SEC.1. Repealed by Acts 1973, P.L.56, SEC.38.

[Pre-1973 Recodification Citation: 7-1-5-1.] Formerly: Acts 1973, P.L.55, SEC.1. Repealed by P.L.58-1984, SEC.6.

[Pre-1973 Recodification Citation: 7-1-1-33(h).] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.78-1986, SEC.7. Repealed by P.L.159-2014, SEC.22.

Sec. 3. (a) It is unlawful for the holder of a retailer's or dealer's permit of any type to display, keep, have, or maintain, a sign, advertisement, poster or design, obstruction to view, device or equipment contrary to the provisions of this title, or to a rule or regulation of …

Sec. 4. (a) It is unlawful for a manufacturer of alcoholic beverages or other permittee authorized to sell and deliver alcoholic beverages to give, supply, furnish, or grant to the holder of a retailer's or dealer's permit a sign, poster, or advertisement for use, or intended to …

[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.

[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…

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…

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 …

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…

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…

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…

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…

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-…

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…

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 …

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.

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.

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 …

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.

As added by P.L.176-2015, SEC.9. Repealed by P.L.206-2017, SEC.11.

As added by P.L.176-2015, SEC.9. Repealed by P.L.206-2017, SEC.12.

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.

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.

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.

As added by P.L.176-2015, SEC.9. Repealed by P.L.49-2020, SEC.12.

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.

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.

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.