Title 24, TRADE REGULATION

Sec. 3. As used in this chapter, "biodegradable" means that material has the proven capability to decompose in less than one (1) year in the most common environment where the material is usually disposed through natural biological processes into nontoxic carbonaceous soil, water,…

Sec. 4. As used in this chapter, "compostable" means that material will decompose into a soil-like material in less than one (1) year under controlled biological circumstances. As added by P.L.13-1991, SEC.2.

Sec. 5. As used in this chapter, "consumer goods" means an article that is used or bought for use primarily for personal, family, or household purposes. As added by P.L.13-1991, SEC.2.

Sec. 6. As used in this chapter, "ozone friendly" or any similar term that connotes that stratospheric ozone is not being depleted through use or production of the product means that a chemical or material released into the environment as a result of the use or production of a pr…

Sec. 7. As used in this chapter, "package" means the coating, covering, container, or wrapping used during a product's life cycle, including any outer container, wrapping, or label used in the retail display of any consumer goods. As added by P.L.13-1991, SEC.2.

Sec. 8. As used in this chapter, "photodegradable" means that material has the proven capability to decompose within one (1) year into nontoxic carbonaceous soil, water, or carbon dioxide in the most common environment where the material is usually disposed through physical proce…

Sec. 9. As used in this chapter, "recyclable" means that a material or product can be redeemed or returned at an identifiable recycling location for the purpose of returning the material to the economic mainstream in the form of raw material for new, reused, or reconstituted mate…

Sec. 1. (a) As used in this chapter, "criminal history information" means information: (1) concerning: (A) a criminal conviction in Indiana; or (B) an Indiana civil protection order under IC 34-26-5; and (2) available in records kept by a clerk of a circuit, superior, city, or to…

Sec. 2. (a) As used in this section, "criminal history provider" means a person or an organization that: (1) compiles a criminal history report and either uses the report or provides the report to a person or an organization other than a criminal justice agency, a law enforcement…

Sec. 3. (a) As used in this section, "criminal history report" means criminal history information that has been: (1) compiled primarily for the purposes of evaluating a particular person's eligibility for: (A) employment in Indiana; (B) housing in Indiana; (C) a license, permit, …

Sec. 4. As used in this section, "criminal justice agency" has the meaning set forth in IC 10-13-3-6. As added by P.L.69-2012, SEC.1.

Sec. 5. As used in this section, "law enforcement agency" has the meaning set forth in IC 10-13-3-10. As added by P.L.69-2012, SEC.1.

Sec. 6. (a) Except as provided in subsection (b), a criminal history provider may not knowingly provide a criminal history report that provides criminal history information relating to the following: (1) A record that has been expunged by: (A) marking the record as expunged; or (…

Sec. 7. (a) A criminal history provider may not knowingly include criminal history information in a criminal history report if the criminal history information fails to reflect material changes to the official record occurring sixty (60) days or more before the date the criminal …

Sec. 8. (a) A violation of section 6 or 7 of this chapter is a deceptive act that is actionable under IC 24-5-0.5-4. (b) This section does not prohibit an individual from bringing an action on the individual's own behalf under the federal Fair Credit Reporting Act (15 U.S.C. 1681…

Sec. 1. As used in this chapter, "automatic garage door opening system" means a system of devices and equipment that is not a commercial garage door operator and that when connected to a garage door automatically opens and closes the garage door. As added by P.L.212-1993, SEC.1.

Sec. 10. (a) A supplier who knowingly violates the requirements of this chapter is subject to a civil penalty of five hundred dollars ($500) for each violation. (b) The attorney general may bring an action on behalf of the state to recover the penalty imposed by subsection (a) fr…

Sec. 2. As used in this chapter, "automatic reversing requirement" refers to the requirements specified in paragraphs 30.1 and 30.2 of Underwriters Laboratories, Inc., Standards for Safety-UL 325, third edition, as revised May 4, 1988, for an automatic garage door opening system.…

Sec. 3. As used in this chapter, "garage" means a building or a part of a building designed or used for the storage, repair, or keeping of a motor vehicle. As added by P.L.212-1993, SEC.1.

Sec. 4. As used in this chapter, "person" means an individual, a corporation, a partnership, an association, or other legal entity. As added by P.L.212-1993, SEC.1.

Sec. 5. As used in this chapter, "residential building" means a structure such as a home or an apartment for one (1) or more families or persons that includes an attached or unattached garage. As added by P.L.212-1993, SEC.1.

Sec. 6. As used in this chapter, "supplier" means a seller, lessor, assignor, or other person who regularly engages in or solicits consumer transactions. As added by P.L.212-1993, SEC.1.

Sec. 7. (a) A supplier may not: (1) repair; or (2) install; an automatic garage door opening system in a residential building unless the system passes the onsite test described in section 8 of this chapter. (b) This section does not prevent the servicing or repair of an automatic…

Sec. 8. (a) A supplier who installs, services, or repairs an automatic garage door opening system in a residential building shall conduct an onsite reversal test of the system. In order to pass the onsite reversal test, the system must reverse the door upon contact with a rigid t…

Sec. 9. This chapter does not preclude a political subdivision from adopting, by ordinance, rules for the installation and repair of automatic garage door opening systems that are more restrictive than the standards set forth in this chapter. As added by P.L.212-1993, SEC.1.

Sec. 1. This chapter does not apply to the following: (1) A jeweler regulated under IC 24-4-13 concerning used jewelry sales. (2) A valuable metal dealer (as defined in IC 25-37.5-1-1(b)). (3) A pawnbroker licensed under IC 28-7-5. (4) The purchase or resale of a mint issued coin…

Sec. 10. As used in this chapter, "used jewelry" means jewelry previously purchased at retail, acquired by gift, or obtained in some other fashion by a consumer. As added by P.L.222-2013, SEC.3.

Sec. 11. A precious metal dealer who purchases or resells precious metal must comply with this chapter. However, this chapter does not apply to jewelry used by a customer as a trade-in toward the purchase of a new piece of jewelry. As added by P.L.222-2013, SEC.3.

Sec. 12. A precious metal dealer may engage in the business of purchasing or reselling precious metal in Indiana only at a permanent place of business owned or leased by the precious metal dealer. As added by P.L.222-2013, SEC.3.

Sec. 13. (a) A precious metal dealer must satisfy the registration requirements described in subsections (b) and (c) before the precious metal dealer may engage in the business of purchasing or reselling precious metal at a permanent place of business in Indiana. (b) A precious m…

Sec. 14. (a) If a precious metal dealer purchases precious metal from a seller, the precious metal dealer shall: (1) verify the identity of the seller by use of a government issued photographic identification; (2) make a copy of the seller's government issued photographic identif…

Sec. 15. (a) A precious metal dealer shall keep and use in the precious metal dealer's business the books, accounts, and records necessary to determine whether the precious metal dealer is complying with this chapter. (b) A precious metal dealer shall preserve the books, accounts…

Sec. 16. (a) Each day a precious metal dealer purchases precious metal at a permanent place of business, the precious metal dealer shall report the information described in section 15(d) of this chapter concerning the precious metal to a law enforcement agency as follows: (1) If …

Sec. 17. (a) A precious metal dealer shall make the records and information under section 15 of this chapter available for examination upon the request of a law enforcement agency (as defined in IC 10-13-3-10). (b) The law enforcement agency under subsection (a) shall determine i…

Sec. 18. A precious metal dealer may not purchase precious metal: (1) from an individual less than eighteen (18) years of age; or (2) that the precious metal dealer believes or should have reason to believe is stolen property acquired as a result of a crime. As added by P.L.222-2…

Sec. 19. (a) A precious metal dealer shall hold each article of precious metal purchased by the precious metal dealer for at least ten (10) calendar days after the date the precious metal dealer purchases the precious metal: (1) at the precious metal dealer's permanent place of b…

Sec. 2. As used in this chapter, "jewelry" means personal ornaments made of gold, silver, or platinum that may or may not contain precious, semiprecious, or imitation stones. As added by P.L.222-2013, SEC.3.

Sec. 20. (a) Records and information generated by a precious metal dealer in the course of business are confidential under IC 5-14-3-4. (b) A law enforcement officer (as defined in IC 3-6-6-36(a)) may obtain or receive records and information described in subsection (a) relating …

Sec. 21. A person who knowingly or intentionally violates this chapter commits a Class A misdemeanor. As added by P.L.222-2013, SEC.3.

Sec. 3. As used in this chapter, "mint issued coin" means a coin that: (1) is bought or sold as an investment in a rare or precious metal; (2) has a collectable value greater than the face value of the coin; or (3) is collectable or desirable due to the age, rarity, or condition …

Sec. 4. As used in this chapter, "permanent place of business" means a fixed premises: (1) owned by a precious metal dealer; or (2) leased by a precious metal dealer for a term of at least twelve (12) months; at which the precious metal dealer purchases or resells precious metal.…

Sec. 5. As used in this chapter, "person" means an individual, a firm, an association, a limited liability company, a partnership, a joint stock association, a trust, or a corporation. As added by P.L.222-2013, SEC.3.

Sec. 6. (a) As used in this chapter, "precious metal" means: (1) used jewelry; and (2) other used articles of personal property that: (A) are made of gold, silver, or platinum; and (B) were previously purchased at retail, acquired by gift, or obtained in some other fashion by a c…

Sec. 7. As used in this chapter, "precious metal dealer" means a person who engages in the business of purchasing precious metal for the purpose of reselling the precious metal in any form. As added by P.L.222-2013, SEC.3.

Sec. 8. As used in this chapter, "purchase" means to acquire property in exchange for cash, credit, or other valuable consideration. As added by P.L.222-2013, SEC.3.

Sec. 9. As used in this chapter, "seller" means a consumer or other person who sells precious metal to a precious metal dealer. As added by P.L.222-2013, SEC.3.