Title 7.1, ALCOHOL AND TOBACCO

Sec. 6. (a) Subject to section 6.5 of this chapter, it is a Class C infraction for a person to be, or to become, intoxicated as a result of the person's use of alcohol or a controlled substance (as defined in IC 35-48-1.1-7) in or upon a vehicle commonly used for the public trans…

Sec. 6.5. (a) A law enforcement officer may not take a person into custody based solely on the commission of an offense involving alcohol described in subsection (b) if the law enforcement officer, after making a reasonable determination and considering the facts and surrounding …

Sec. 6.6. (a) This section applies only to a person: (1) arrested for a violation of: (A) section 3 of this chapter if the offense involved a state of intoxication caused by the person's use of alcohol; (B) section 6 of this chapter if the offense involved the person being, or be…

Sec. 7. Notice of Conviction Sent to Commission. A court, upon convicting a permittee for a violation of a provision of this title, shall cause a certified copy of the judgment of conviction to be made and forwarded to the commission. [Pre-1973 Recodification Citation: 7-1-1-32(1…

Sec. 1. The definitions in this chapter apply throughout this article. As added by P.L.256-1996, SEC.2.

Sec. 2. "Person" has the meaning set forth in IC 35-31.5-2-234. As added by P.L.256-1996, SEC.2. Amended by P.L.114-2012, SEC.16.

Sec. 3. "Tobacco product" means a product that: (1) contains tobacco or nicotine; (2) is intended for human consumption; and (3) is not approved by the federal Food and Drug Administration for tobacco cessation. As added by P.L.256-1996, SEC.2. Amended by P.L.220-2023, SEC.15.…

Sec. 0.5. Notwithstanding any other law, this article does not authorize the manufacturing, sale, possession, or use of a controlled substance (as defined in IC 35-48-1.1-7) or any product containing a controlled substance. As added by P.L.148-2026, SEC.6.

Sec. 1. This article applies to the manufacturing, bottling, sale, bartering, importing, possession, and use of e-liquid and e-liquid products in Indiana, including through a cigarette vending machine. As added by P.L.176-2015, SEC.9. Amended by P.L.206-2017, SEC.2; P.L.148-2026,…

Sec. 2. The purpose of this article is to protect public health and safety by: (1) ensuring the safety and security of e-liquid and e-liquid products manufactured for sale in Indiana; (2) ensuring that e-liquid and e-liquid products manufactured or sold in Indiana conform to appr…

Sec. 3. This article does not limit the powers or duties of the commission under IC 7.1-2. As added by P.L.176-2015, SEC.9.

Sec. 4. This article may not be construed to restrict or limit any law under IC 35-48. As added by P.L.176-2015, SEC.9.

Sec. 1. Construction. This title is an exercise of the police powers of the state. The classifications and differentiations made in this title are real and are actually and substantially related to the accomplishment of the purposes of this title. The provisions of this title sha…

Sec. 2. Except as provided in IC 7.1-5-1-3, IC 7.1-5-1-6, IC 7.1-5-7, and IC 7.1-5-8, this title applies to the following: (1) The commercial manufacturing, bottling, selling, bartering, importing, transporting, delivering, furnishing, or possessing of alcohol, alcoholic beverage…

Sec. 3. (a) The provisions of this title shall not prohibit the following: (1) The manufacture, sale, possession, transportation, or use of vinegar. (2) The sale or transportation of sacramental wine to a minister, priest, or rabbi for a religious purpose. (3) The manufacture, pu…

Sec. 4. Gender and Number. For purposes of this title, the masculine gender includes the feminine and where appropriate, the singular number includes the plural. [1973 Recodification Citation: New.] Formerly: Acts 1973, P.L.55, SEC.1.

Sec. 5. Direct and Indirect Prohibition. For the purposes of this title, whenever a person is prohibited from doing a certain act or holding a certain interest directly, he shall be prohibited also from doing that act or holding that interest indirectly. [1973 Recodification Cita…

Sec. 1. Office of Prosecutor Created. There is hereby created within the commission a division to be known as the "Office of the Prosecutor." [Pre-1973 Recodification Citation: 7-2-1-4.] Formerly: Acts 1973, P.L.55, SEC.1.

Sec. 10. Each enforcement officer shall execute an oath of office, which shall be filed with the executive secretary of the commission. [Pre-1973 Recodification Citation: 7-2-1-2.] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.153-2026, SEC.22.

Sec. 11. (a) The injury to, the injury to the health of, or the death of, an enforcement officer shall be compensable under the appropriate provisions of IC 22-3-2 through IC 22-3-7 if the injury, injury to the health, or death, arises out of, and in the course of, the performanc…

Sec. 11.5. An eligible enforcement officer who retires with at least twenty (20) years of service as an enforcement officer may retain the officer's service weapon. The officer is entitled to receive, in recognition of the officer's service to the commission and to the public, a …

Sec. 12. (a) The commission shall have the power to employ and remove at will all necessary clerks, stenographers, bookkeepers, auditors, accountants, assistants of any nature, and other employees, and to fix their duties, authorities, and, with proper approval, their compensatio…

Sec. 13. (a) The alcohol and tobacco commission shall categorize salaries of enforcement officers within each rank based upon the rank held and the number of years of service in the commission through the twentieth year. The salary ranges that the board assigns to each rank shall…

Sec. 2. The prosecutor shall be appointed by the governor for a term of four (4) years to be served at the pleasure of the governor. The prosecutor shall be a resident of the state and a practicing member of the Indiana bar. [Pre-1973 Recodification Citation: 7-2-1-4.] Formerly: …

Sec. 3. The prosecutor shall execute an oath of office, which shall be filed in the office of the secretary of state. [Pre-1973 Recodification Citation: 7-2-1-4.] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.153-2026, SEC.21.

Sec. 4. Compensation. As compensation for services, the prosecutor shall receive an annual salary to be fixed in the same manner that the salaries of other state officials are fixed. In addition to the annual salary, the prosecutor shall be reimbursed for traveling and other expe…

Sec. 5. Prosecutor: Powers and Duties. The prosecutor shall have the following powers and duties: (a) To prosecute before the commission all violations of laws pertaining to alcohol, alcoholic beverages, and tobacco, including violations pertaining to tobacco vending machines; (b…

Sec. 6. Office Space and Expenses. The commission shall provide the prosecutor with appropriate office space and all necessary office supplies and services. All claims for salaries and necessary expenses of the office of the prosecutor shall be allowed and approved by the commiss…

Sec. 7. Executive Secretary. The commission, with the consent of the governor, shall employ an executive secretary to aid the commission in the efficient administration of its powers and duties. [Pre-1973 Recodification Citation: 7-2-1-2.] Formerly: Acts 1973, P.L.55, SEC.1.

Sec. 8. (a) The commission may employ qualified individuals to serve as enforcement officers of the commission. (b) The superintendent of the enforcement officers must have had at least ten (10) years experience as an active law enforcement officer, at least five (5) years of whi…

Sec. 9. (a) An enforcement officer is vested with full police powers and duties to enforce: (1) the provisions of this title; (2) any other law of this state relating to alcohol or alcoholic beverages; and (3) tobacco laws, including tobacco vending machines. (b) An enforcement o…

Sec. 9.5. The state excise police may investigate fraud within the electronic benefits transfer program, as set forth in IC 12-13-14-14. As added by P.L.197-2013, SEC.3.

Sec. 1. Application. The commission may issue a brewer's permit to a person who desires to commercially manufacture beer. [Pre-1973 Recodification Citation: 7-1-1-9.] Formerly: Acts 1973, P.L.55, SEC.1.

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. The holder of a brewer's permit or an out-of-state brewer holding either a primary source of supply permit or an out-of-state brewer's permit may do the following: (1) Manufacture beer. (2) Place beer in containers or bottles. (3) Transport beer. (4) Sell and deliver beer…

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…