Introduced Version

SENATE BILL No. 425

_____
DIGEST OF INTRODUCED BILL

Citations Affected: IC 7.1-1-3; IC 7.1-3; IC 7.1-5-12; IC 7.1-6-2-4;

IC 7.1-7; IC 24-3-5; IC 35-31.5-2-100; IC 35-43-5-3.8; IC 35-46-1.
Synopsis: Minimum age to purchase tobacco and e-liquids. With
certain exceptions, raises from 18 to 21 years the age at which a person
may: (1) sell or buy tobacco products or e-liquids and electronic
cigarettes containing nicotine; and (2) enter designated smoking areas
of a club or cigar specialty store. Allows a person who is at least 18
years of age on June 30, 2019, to continue to hold a valid tobacco
retailer permit until it expires. Allows a person who is: (1) at least 18
years of age on June 30, 2019; or (2) at least 18 years of age and
serving in the armed forces or reserves or a veteran discharged or
separated from service in the armed forces or reserves under conditions
other than dishonorable; to buy tobacco products or e-liquids and
electronic cigarettes containing nicotine and enter designated smoking
areas of a club or cigar specialty store. Prohibits a person who is less
than 18 years of age from buying or possessing e-liquids or electronic
cigarettes that do not contain nicotine. Makes changes regarding
notices posted at tobacco and electronic cigarette retail establishments
and at cigarette vending machines.
Effective: July 1, 2019.

Head, Merritt
January 14, 2019, read first time and referred to Committee on Health and Provider
Services.

2019 IN 425—LS 6279/DI 87

 Introduced

First Regular Session of the 121st General Assembly (2019)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2018 Regular and Special Session of the General Assembly.

SENATE BILL No. 425

A BILL FOR AN ACT to amend the Indiana Code concerning

alcohol and tobacco.

Be it enacted by the General Assembly of the State of Indiana:

1 SECTION 1. IC 7.1-1-3-25, AS AMENDED BY P.L.176-2015,

2 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2019]: Sec. 25. (a) "Minor" except as provided in subsection
4 (b), means a person less than twenty-one (21) years of age.
5 (b) "Minor", for purposes of IC 7.1-7, has the meaning set forth in
6 IC 7.1-7-2-17.
7 SECTION 2. IC 7.1-1-3-26.4 IS ADDED TO THE INDIANA
8 CODE AS A NEW SECTION TO READ AS FOLLOWS
9 [EFFECTIVE JULY 1, 2019]: Sec. 26.4. "Nicotine free" means an
10 e-liquid or electronic cigarette that contains zero (0) nicotine.
11 SECTION 3. IC 7.1-1-3-32.8 IS ADDED TO THE INDIANA
12 CODE AS A NEW SECTION TO READ AS FOLLOWS
13 [EFFECTIVE JULY 1, 2019]: Sec. 32.8. "Proof of veteran status"
14 refers to a form of identification under IC 7.1-3-1-30 that is
15 presented to show that an individual is a veteran.
16 SECTION 4. IC 7.1-1-3-48.5 IS ADDED TO THE INDIANA
17 CODE AS A NEW SECTION TO READ AS FOLLOWS

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1 [EFFECTIVE JULY 1, 2019]: Sec. 48.5. "Veteran" has the meaning

2 set forth in IC 9-13-2-196.5.
3 SECTION 5. IC 7.1-3-1-30 IS ADDED TO THE INDIANA CODE
4 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
5 1, 2019]: Sec. 30. (a) Except as provided in subsection (b), for
6 purposes of this title any of the following that are issued to an
7 individual are acceptable as proof of the individual's veteran
8 status:
9 (1) A United States armed forces identification card.
10 (2) A Uniformed Services Identification Card.
11 (3) A state issued identification card or driver's license that
12 bears an indicator that the individual is in active duty military
13 or veteran status.
14 (4) A Veterans Identification Card or Veteran Health
15 Identification Card issued by the United States Department of
16 Veterans Affairs.
17 (b) An identification card under subsection (a) is not an
18 acceptable form of proof of veteran status if the card has expired.
19 SECTION 6. IC 7.1-3-18.5-1.5 IS ADDED TO THE INDIANA
20 CODE AS A NEW SECTION TO READ AS FOLLOWS
21 [EFFECTIVE JULY 1, 2019]: Sec. 1.5. (a) Notwithstanding sections
22 2 and 8 of this chapter, a valid certificate held on June 30, 2019, by
23 an individual who is less than twenty-one (21) years of age remains
24 valid until its expiration.
25 (b) Notwithstanding any other provision of this chapter, all
26 requirements, duties, obligations, civil penalties, and privileges that
27 apply to a certificate holder under this chapter apply to an
28 individual described in subsection (a).
29 (c) This section expires July 1, 2022.
30 SECTION 7. IC 7.1-3-18.5-2, AS AMENDED BY P.L.231-2015,
31 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32 JULY 1, 2019]: Sec. 2. (a) A person who desires a certificate must
33 provide the following to the commission:
34 (1) The applicant's name and mailing address and the address of
35 the premises for which the certificate is being issued.
36 (2) Except as provided in section 6(c) of this chapter, a fee of two
37 hundred dollars ($200).
38 (3) The name under which the applicant transacts or intends to
39 transact business.
40 (4) The address of the applicant's principal place of business or
41 headquarters, if any.
42 (5) The statement required under section 2.6 of this chapter.

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1 (b) A separate certificate is required for each location where the

2 tobacco products or electronic cigarettes are sold or distributed.
3 (c) A certificate holder shall conspicuously display the holder's
4 certificate on the holder's premises where the tobacco products or
5 electronic cigarettes are sold or distributed.
6 (d) Any intentional misstatement or suppression of a material fact
7 in an application filed under this section constitutes grounds for denial
8 of the certificate.
9 (e) A certificate may be issued only to a person who meets the
10 following requirements:
11 (1) If the person is an individual, the person must be at least
12 eighteen (18) years of age. have been born before July 1, 2001.
13 This subdivision expires July 1, 2022.
14 (2) This subdivision applies after June 30, 2022. If the person
15 is an individual, the person must be at least twenty-one (21)
16 years of age.
17 (2) (3) The person must be authorized to do business in Indiana.
18 (f) The fees collected under this section shall be deposited in the
19 enforcement and administration fund under IC 7.1-4-10.
20 SECTION 8. IC 7.1-3-18.5-5, AS AMENDED BY P.L.214-2016,
21 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22 JULY 1, 2019]: Sec. 5. (a) Subject to subsection (b), the commission
23 may suspend the certificate of a person who fails to pay a civil penalty
24 imposed for violating IC 35-46-1-10, IC 35-46-1-10.2, IC 35-46-1-11,
25 IC 35-46-1-11.2, IC 35-46-1-11.5, IC 35-46-1-11.7, or IC 35-46-1-11.8.
26 (b) Before enforcing the imposition of a civil penalty or suspending
27 or revoking a certificate under this chapter, the commission shall
28 provide written notice of the alleged violation to the certificate holder
29 and conduct a hearing. The commission shall provide written notice of
30 the civil penalty or suspension or revocation of a certificate to the
31 certificate holder.
32 (c) Subject to subsection (b), the commission shall revoke the
33 certificate of a person upon a finding by a preponderance of the
34 evidence that the person:
35 (1) has violated IC 35-45-5-3, IC 35-45-5-3.5, IC 35-45-5-4,
36 IC 35-46-1-11, IC 35-46-1-11.2, or IC 35-46-1-11.8;
37 (2) has committed habitual illegal sale of tobacco as established
38 under IC 35-46-1-10.2(h); IC 35-46-1-10.2(j); or
39 (3) has committed habitual illegal entrance by a minor as
40 established under IC 35-46-1-11.7(f).
41 SECTION 9. IC 7.1-3-18.5-8, AS AMENDED BY P.L.214-2016,
42 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE

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1 JULY 1, 2019]: Sec. 8. The commission may mitigate civil penalties

2 imposed against a certificate holder for violating IC 35-46-1-10,
3 IC 35-46-1-10.2, IC 35-46-1-11, IC 35-46-1-11.2, IC 35-46-1-11.5,
4 IC 35-46-1-11.7, IC 35-46-1-11.8, or any of the provisions of this
5 chapter if a certificate holder provides a training program for the
6 certificate holder's employees that includes at least the following
7 topics:
8 (1) Laws governing the sale of tobacco products and electronic
9 cigarettes.
10 (2) Methods of recognizing and handling customers who are less
11 than eighteen (18) years of the legal age to purchase tobacco
12 products and electronic cigarettes.
13 (3) Procedures for proper examination of identification cards to
14 verify that customers a customer is are under eighteen (18) years
15 of less than the legal age to purchase tobacco products and
16 electronic cigarettes.
17 (4) Procedures for proper examination of proof of veteran
18 status under IC 7.1-3-1-30.
19 SECTION 10. IC 7.1-5-12-5, AS AMENDED BY P.L.231-2015,
20 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21 JULY 1, 2019]: Sec. 5. (a) Except as provided in subsection (c) and
22 subject to section 13 of this chapter, smoking may be allowed in the
23 following:
24 (1) A horse racing facility operated under a permit under
25 IC 4-31-5 and any other permanent structure on land owned or
26 leased by the owner of the facility that is adjacent to the facility.
27 (2) A riverboat (as defined in IC 4-33-2-17) and any other
28 permanent structure that is:
29 (A) owned or leased by the owner of the riverboat; and
30 (B) located on land that is adjacent to:
31 (i) the dock to which the riverboat is moored; or
32 (ii) the land on which the riverboat is situated in the case of
33 a riverboat described in IC 4-33-2-17(2).
34 (3) A facility that operates under a gambling game license under
35 IC 4-35-5 and any other permanent structure on land owned or
36 leased by the owner of the facility that is adjacent to the facility.
37 (4) A satellite facility licensed under IC 4-31-5.5.
38 (5) An establishment owned or leased by a business that meets the
39 following requirements:
40 (A) The business was in business and permitted smoking on
41 December 31, 2012.
42 (B) The business prohibits entry by an individual who is less

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1 than twenty-one (21) years of age.

2 (C) The owner or operator of the business holds a beer, liquor,
3 or wine retailer's permit.
4 (D) The business limits smoking in the establishment to
5 smoking with a waterpipe or hookah device.
6 (E) During the preceding calendar year, at least ten percent
7 (10%) of the business's annual gross income was from the sale
8 of loose tobacco for use in a waterpipe or hookah device.
9 (F) The person in charge of the business posts in the
10 establishment conspicuous signs that display the message that
11 cigarette smoking is prohibited.
12 (6) An establishment owned or leased by a business that meets the
13 following requirements:
14 (A) The business prohibits entry by an individual who is less
15 than twenty-one (21) years of age.
16 (B) The owner or operator of the business holds a beer, liquor,
17 or wine retailer's permit.
18 (C) The business limits smoking in the establishment to cigar
19 smoking.
20 (D) During the preceding calendar year, at least ten percent
21 (10%) of the business's annual gross income was from the sale
22 of cigars and the rental of onsite humidors.
23 (E) The person in charge of the business posts in the
24 establishment conspicuous signs that display the message that
25 cigarette smoking is prohibited.
26 (7) A premises owned or leased by and regularly used for the
27 activities of a business that meets all of the following:
28 (A) The business is exempt from federal income taxation
29 under 26 U.S.C. 501(c).
30 (B) The business:
31 (i) meets the requirements to be considered a club under
32 IC 7.1-3-20-1; or
33 (ii) is a fraternal club (as defined in IC 7.1-3-20-7).
34 (C) The business provides food or alcoholic beverages only to
35 its bona fide members and their guests.
36 (D) The business:
37 (i) provides a separate, enclosed, designated smoking room
38 or area that is adequately ventilated to prevent migration of
39 smoke to nonsmoking areas of the premises;
40 (ii) allows smoking only in the room or area described in
41 item (i).
42 (iii) does not allow an individual who is less than eighteen

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1 (18) years of age does not meet the requirements of

2 section 5.5 of this chapter to enter into the room or area
3 described in item (i); and
4 (iv) allows a guest in the smoking room or area described in
5 item (i) only when accompanied by a bona fide member of
6 the business.
7 (8) A retail tobacco store used primarily for the sale of tobacco
8 products and tobacco accessories that meets the following
9 requirements:
10 (A) The owner or operator of the store holds a valid tobacco
11 sales certificate issued under IC 7.1-3-18.5.
12 (B) The store prohibits entry by an individual who is less than
13 eighteen (18) years of age.
14 (C) The sale of products other than tobacco products and
15 tobacco accessories is merely incidental.
16 (D) The sale of tobacco products accounts for at least
17 eighty-five percent (85%) of the store's annual gross sales.
18 (E) Food or beverages are not sold in a manner that requires
19 consumption on the premises, and there is not an area set aside
20 for customers to consume food or beverages on the premises.
21 (9) A bar or tavern:
22 (A) for which a permittee holds:
23 (i) a beer retailer's permit under IC 7.1-3-4;
24 (ii) a liquor retailer's permit under IC 7.1-3-9; or
25 (iii) a wine retailer's permit under IC 7.1-3-14;
26 (B) that does not employ an individual who is less than
27 eighteen (18) years of age;
28 (C) that does not allow an individual who:
29 (i) is less than twenty-one (21) years of age; and
30 (ii) is not an employee of the bar or tavern;
31 to enter any area of the bar or tavern; and
32 (D) that is not located in a business that would otherwise be
33 subject to this chapter.
34 (10) A cigar manufacturing facility that does not offer retail sales.
35 (11) A premises of a cigar specialty store to which all of the
36 following apply:
37 (A) The owner or operator of the store holds a valid tobacco
38 sales certificate issued under IC 7.1-3-18.5.
39 (B) The sale of tobacco products and tobacco accessories
40 account for at least fifty percent (50%) of the store's annual
41 gross sales.
42 (C) The store has a separate, enclosed, designated smoking

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1 room that is adequately ventilated to prevent migration of

2 smoke to nonsmoking areas.
3 (D) Smoking is allowed only in the room described in clause
4 (C).
5 (E) An Individuals individual who are less than eighteen (18)
6 years of age are does not meet the requirements of section
7 5.5 of this chapter is prohibited from entering into the room
8 described in clause (C).
9 (F) Cigarette smoking is not allowed on the premises of the
10 store.
11 (G) The owner or operator of the store posts a conspicuous
12 sign on the premises of the store that displays the message that
13 cigarette smoking is prohibited.
14 (H) The store does not prepare any food or beverage that
15 would require a certified food handler under IC 16-42-5.2.
16 (12) The premises of a business that is located in the business
17 owner's private residence (as defined in IC 3-5-2-42.5) if the only
18 employees of the business who work in the residence are the
19 owner and other individuals who reside in the residence.
20 (b) The owner, operator, manager, or official in charge of an
21 establishment or premises in which smoking is allowed under this
22 section shall post conspicuous signs in the establishment that read
23 "WARNING: Smoking Is Allowed In This Establishment" or other
24 similar language.
25 (c) This section does not apply to a designated smoking room or
26 area under subsection (a)(7)(D) or (a)(11)(C). This section does not
27 allow smoking in the following enclosed areas of an establishment or
28 premises described in subsection (a)(1) through (a)(11):
29 (1) Any hallway, elevator, or other common area where an
30 individual who is less than eighteen (18) twenty-one (21) years
31 of age is permitted.
32 (2) Any room that is intended for use by an individual who is less
33 than eighteen (18) years of age. twenty-one (21) years of age.
34 (d) The owner, operator, or manager of an establishment or premises
35 that is listed under subsection (a) and that allows smoking shall provide
36 a verified statement to the commission that states that the establishment
37 or premises qualifies for the exemption. The commission may require
38 the owner, operator, or manager of an establishment or premises to
39 provide documentation or additional information concerning the
40 exemption of the establishment or premises.
41 SECTION 11. IC 7.1-5-12-5.5 IS ADDED TO THE INDIANA
42 CODE AS A NEW SECTION TO READ AS FOLLOWS

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1 [EFFECTIVE JULY 1, 2019]: Sec. 5.5. (a) A business or store may

2 allow an individual to enter a designated smoking room or area
3 under section 5(a)(7)(D) or 5(a)(11)(C) of this chapter if the
4 individual:
5 (1) was born before July 1, 2001; or
6 (2) is:
7 (A) at least eighteen (18) years of age; and
8 (B) a veteran.
9 This subsection expires July 1, 2022.
10 (b) This subsection applies after June 30, 2022. A business or
11 store may allow an individual to enter a designated smoking room
12 or area under section 5(a)(7)(D) or 5(a)(11)(C) of this chapter if the
13 individual:
14 (1) is at least twenty-one (21) years of age; or
15 (2) is:
16 (A) at least eighteen (18) years of age; and
17 (B) a veteran.
18 SECTION 12. IC 7.1-6-2-4, AS AMENDED BY P.L.20-2013,
19 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
20 JULY 1, 2019]: Sec. 4. (a) An enforcement officer vested with full
21 police powers and duties may engage a person less than eighteen (18)
22 years of age or (after June 30, 2022) less than twenty-one (21) years
23 of age as part of an enforcement action under this article if the initial
24 or contemporaneous receipt or purchase of a tobacco product or
25 electronic cigarette by a person less than eighteen (18) years of age or
26 (after June 30, 2022) less than twenty-one (21) years of age occurs
27 under the direction of an enforcement officer vested with full police
28 powers and duties and is part of the enforcement action.
29 (b) An enforcement officer vested with full police powers and duties
30 shall not:
31 (1) recruit or attempt to recruit a person less than eighteen (18)
32 years of age or (after June 30, 2022) less than twenty-one (21)
33 years of age to participate in an enforcement action under
34 subsection (a) at the scene of a violation of section 2 of this
35 chapter; or
36 (2) allow a person less than eighteen (18) years of age or (after
37 June 30, 2022) less than twenty-one (21) years of age to
38 purchase or receive a tobacco product or electronic cigarette as
39 part of an enforcement action under subsection (a) without the
40 written permission of the person's parents or legal guardians.
41 SECTION 13. IC 7.1-7-2-17 IS REPEALED [EFFECTIVE JULY
42 1, 2019]. Sec. 17. "Minor" means an individual who is less than

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1 eighteen (18) years of age.

2 SECTION 14. IC 7.1-7-5.5-5, AS ADDED BY P.L.206-2017,
3 SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 JULY 1, 2019]: Sec. 5. (a) A retailer who ships e-liquids that are
5 nicotine free from a delivery sale order shall include as part of the
6 shipping documents a document with the following statement:
7 "NICOTINE FREE E-LIQUIDS: Indiana law prohibits the sale of this
8 product to a person who is less than 18 years of age.".
9 (b) A retailer who ships e-liquids containing nicotine from a
10 delivery sale order shall include as part of the shipping documents
11 a document with the following statement: "E-LIQUIDS
12 CONTAINING NICOTINE: Indiana law prohibits the sale of this
13 product to a person who was born after June 30, 2001, UNLESS
14 the person is at least 18 years of age and is a member of the United
15 States armed forces or reserves or a veteran discharged or
16 separated from service under conditions other than dishonorable.".
17 This subsection expires July 1, 2022.
18 (c) This subsection applies after June 30, 2022. A retailer who
19 ships e-liquids containing nicotine from a delivery sale order shall
20 include as part of the shipping documents a document with the
21 following statement: "E-LIQUIDS CONTAINING NICOTINE:
22 Indiana law prohibits the sale of this product to a person who is
23 less than 21 years of age UNLESS the person is at least 18 years of
24 age and is a member of the United States armed forces or reserves
25 or a veteran discharged or separated from service under conditions
26 other than dishonorable.".
27 SECTION 15. IC 7.1-7-6-2, AS AMENDED BY P.L.206-2017,
28 SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 JULY 1, 2019]: Sec. 2. (a) This subsection does not apply to a delivery
30 sale as defined in IC 7.1-7-2-6.3. If A retailer commits a Class C
31 infraction if the retailer does any of the following:
32 (1) Knowingly and intentionally sells e-liquid that is nicotine
33 free to a minor; or person who is less than eighteen (18) years
34 of age.
35 (2) Knowingly and intentionally sells e-liquid containing
36 nicotine to a person who was born after June 30, 2001.
37 However, a retailer does not violate this section if the buyer
38 is:
39 (A) at least eighteen (18) years of age; and
40 (B) a veteran.
41 This subdivision expires July 1, 2022.
42 (3) This subdivision applies after June 30, 2022. Knowingly

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1 and intentionally sells e-liquid containing nicotine to a person

2 who is less than twenty-one (21) years of age. However, a
3 retailer does not violate this section if the buyer is:
4 (A) at least eighteen (18) years of age; and
5 (B) a veteran.
6 (2) (4) Knowingly, intentionally, or negligently fails to verify the
7 age of a person who appears to be less than twenty-seven (27)
8 years of age by checking a government issued identification and
9 sells the person e-liquid.
10 (5) Knowingly, intentionally, or negligently fails to check
11 proof of veteran status under IC 7.1-3-1-30 if the person is
12 born after June 30, 2001 (before July 1, 2022), or (after June
13 30, 2022) is less than twenty-one (21) years of age;
14 and sells the person e-liquid containing nicotine. the retailer
15 commits a Class C infraction. For a sale to take place under this
16 section, the buyer must pay the retail establishment for the e-liquid.
17 (b) Notwithstanding IC 34-28-5-4(c), a civil judgment for an
18 infraction committed under this section must be imposed as follows:
19 (1) If the retail establishment at that specific business location has
20 not been issued a citation or summons for a violation of this
21 section in the previous one hundred eighty (180) days, a civil
22 penalty of up to two hundred dollars ($200).
23 (2) If the retail establishment at that specific business location has
24 had one (1) citation or summons issued for a violation of this
25 section in the previous one hundred eighty (180) days, a civil
26 penalty of up to four hundred dollars ($400).
27 (3) If the retail establishment at that specific business location has
28 had two (2) citations or summonses issued for a violation of this
29 section in the previous one hundred eighty (180) days, a civil
30 penalty of up to seven hundred dollars ($700).
31 (4) If the retail establishment at that specific business location has
32 had three (3) or more citations or summonses issued for a
33 violation of this section in the previous one hundred eighty (180)
34 days, a civil penalty of up to one thousand dollars ($1,000).
35 A retail establishment may not be issued a citation or summons for a
36 violation of this section more than once every twenty-four (24) hours
37 for each specific business location.
38 (c) It is not a defense that the person to whom e-liquid was sold or
39 distributed did not inhale or otherwise consume e-liquid.
40 (d) The following defenses are available to a retail establishment
41 accused of selling or distributing e-liquid to a person who is less than
42 eighteen (18) years of age, in violation of subsection (a):

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1 (1) The buyer or recipient produced a driver's license bearing the

2 purchaser's or recipient's photograph showing that the purchaser
3 or recipient was of legal age to make the purchase.
4 (2) The buyer or recipient produced a photographic identification
5 card issued under IC 9-24-16-1 or a similar card issued under the
6 laws of another state or the federal government showing that the
7 purchaser or recipient was of legal age to make the purchase.
8 (3) If applicable, the buyer or recipient produced proof of
9 veteran status under IC 7.1-3-1-30.
10 (3) (4) The appearance of the purchaser or recipient was such that
11 an ordinary prudent person would believe that the purchaser or
12 recipient was not less than the age that complies with regulations
13 promulgated by the federal Food and Drug Administration.
14 (e) It is a defense that the accused retail establishment sold or
15 delivered e-liquid to a person who acted in the ordinary course of
16 employment or a business concerning e-liquid:
17 (1) agriculture;
18 (2) processing;
19 (3) transporting;
20 (4) wholesaling; or
21 (5) retailing.
22 (f) As used in this section, "distribute" means to give e-liquid to
23 another person as a means of promoting, advertising, or marketing
24 e-liquid to the general public.
25 (g) Unless a person buys or receives e-liquid under the direction of
26 a law enforcement officer as part of an enforcement action, a retail
27 establishment that sells or distributes e-liquid is not liable for a
28 violation of this section unless the person less than eighteen (18) years
29 of age who bought or received the e-liquid is issued a citation or
30 summons in violation of this article.
31 (h) Notwithstanding IC 34-28-5-5(c), civil penalties collected under
32 this section must be deposited in the Richard D. Doyle youth tobacco
33 education and enforcement fund (IC 7.1-6-2-6).
34 (i) A person who violates subsection (a) at least six (6) times in any
35 one hundred eighty (180) day period commits habitual illegal sale of
36 e-liquid, a Class B infraction.
37 SECTION 16. IC 24-3-5-3.5 IS ADDED TO THE INDIANA CODE
38 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
39 1, 2019]: Sec. 3.5. As used in this chapter, "veteran" has the
40 meaning set forth in IC 7.1-1-3-48.5.
41 SECTION 17. IC 24-3-5-4, AS AMENDED BY P.L.160-2005,
42 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE

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1 JULY 1, 2019]: Sec. 4. Subject to section 4.5 of this chapter, a

2 merchant may not mail or ship cigarettes as part of a delivery sale
3 unless, before mailing or shipping the cigarettes, the merchant does the
4 following:
5 (1) Obtains from the prospective customer a written statement
6 signed by the prospective customer under penalty of perjury that
7 provides the following:
8 (A) providing The prospective customer's address and date of
9 birth.
10 (B) If the prospective customer's date of birth is after June
11 30, 2001, whether the prospective customer is a veteran.
12 This clause expires July 1, 2022.
13 (C) This clause applies after June 30, 2022. If the
14 prospective customer is less than twenty-one (21) years of
15 age, whether the prospective customer is a veteran.
16 (B) (D) Advising the prospective customer that of the
17 following:
18 (i) That signing another person's name to the statement
19 required under this subdivision may subject the person to a
20 civil monetary penalty of not more than one thousand dollars
21 ($1,000). and
22 (ii) That purchasing cigarettes by a person less than
23 eighteen (18) years of age born after June 30, 2001, is a
24 Class C infraction under IC 35-46-1-10.5, unless the person
25 is at least eighteen (18) years of age and a veteran. This
26 item expires July 1, 2022.
27 (iii) This item applies after June 30, 2022. That
28 purchasing cigarettes by a person less than twenty-one
29 (21) years of age is a Class C infraction under
30 IC 35-46-1-10.5, unless the person is at least eighteen (18)
31 years of age and a veteran.
32 (C) (E) Confirming that the cigarette order was placed by the
33 prospective customer.
34 (D) (F) Providing a warning under 15 U.S.C. 1333(a)(1). and
35 (E) (G) Stating the sale of cigarettes by delivery sale is a
36 taxable event for purposes of IC 6-7-1.
37 (2) Makes a good faith effort to verify the information in the
38 written statement obtained under subdivision (1) by using a
39 federal or commercially available data base; and
40 (3) Receives payment for the delivery sale by a credit or debit
41 card issued in the name of the prospective purchaser.
42 SECTION 18. IC 24-3-5-5, AS AMENDED BY P.L.160-2005,

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 13

1 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE

2 JULY 1, 2019]: Sec. 5. (a) A merchant who mails or ships cigarettes as
3 part of a delivery sale shall satisfy the following:
4 (1) Use a mailing or shipping service that requires the customer
5 or a person at least eighteen (18) years of age who is designated
6 by the customer to (A) sign to accept delivery of the cigarettes.
7 and The customer or designee must meet the following
8 requirements:
9 (A) The customer or designee must:
10 (i) have been born before July 1, 2001; or
11 (ii) be at least eighteen (18) years of age and a veteran.
12 This clause expires July 1, 2022.
13 (B) This clause applies after June 30, 2022. The customer
14 or designee must be:
15 (i) at least twenty-one (21) years of age; or
16 (ii) at least eighteen (18) years of age and a veteran.
17 (B) (C) The customer or designee must present a valid
18 operator's license issued under IC 9-24-3 or an identification
19 card issued under IC 9-24-16 if the customer or the customer's
20 designee, in the opinion of the delivery agent or employee of
21 the mailing or shipping service, appears to be less than
22 twenty-seven (27) years of age.
23 (D) The customer or designee must present proof of
24 veteran status under IC 7.1-3-1-30 if the person is:
25 (i) born after June 30, 2001 (before July 1, 2022); or
26 (ii) (after June 30, 2022) less than twenty-one (21) years
27 of age.
28 (2) Provide to the mailing or shipping service used under
29 subdivision (1) proof of compliance with section 6(a) of this
30 chapter. and
31 (3) include the following statement in bold type or capital letters
32 On an invoice or shipping document, include a statement in bold
33 type or capital letters that states the following:
34 INDIANA LAW PROHIBITS THE MAILING OR
35 SHIPPING OF CIGARETTES TO A PERSON BORN
36 AFTER JUNE 30, 2001, UNLESS THE PERSON IS AT
37 LEAST EIGHTEEN (18) YEARS OF AGE AND A
38 MEMBER OF THE U.S. ARMED FORCES OR
39 RESERVES OR A VETERAN DISCHARGED OR
40 SEPARATED FROM SERVICE UNDER CONDITIONS
41 OTHER THAN DISHONORABLE. INDIANA LAW
42 REQUIRES PAYMENT OF ALL APPLICABLE TAXES.

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1 This subdivision expires July 1, 2022.

2 (4) This subdivision applies after June 30, 2022. On an invoice
3 or shipping document, include a statement in bold type or
4 capital letters that states the following:
5 INDIANA LAW PROHIBITS THE MAILING OR SHIPPING
6 OF CIGARETTES TO A PERSON LESS THAN EIGHTEEN
7 (18) TWENTY-ONE (21) YEARS OF AGE AND UNLESS
8 THE PERSON IS AT LEAST EIGHTEEN (18) YEARS
9 OF AGE AND A MEMBER OF THE U.S. ARMED
10 FORCES OR RESERVES OR A VETERAN
11 DISCHARGED OR SEPARATED FROM SERVICE
12 UNDER CONDITIONS OTHER THAN
13 DISHONORABLE. INDIANA LAW REQUIRES
14 PAYMENT OF ALL APPLICABLE TAXES.
15 (b) The commission may impose a civil penalty of not more than
16 one thousand dollars ($1,000) if a mailing or shipping service:
17 (1) delivers cigarettes as part of a delivery sale without first
18 receiving proof from the merchant of compliance with section
19 6(a) of this chapter; or
20 (2) fails to obtain a signature and proof of identification of the
21 customer or the customer's designee under subsection (a)(1).
22 The commission shall deposit amounts collected under this subsection
23 into the Richard D. Doyle youth tobacco education and enforcement
24 fund established by IC 7.1-6-2-6.
25 (c) The following apply to a merchant that mails or ships cigarettes
26 as part of a delivery sale without using a third party service as required
27 by subsection (a)(1):
28 (1) The merchant shall require the customer or a person at least
29 eighteen (18) years of age who is designated by the customer to
30 (A) sign to accept delivery of the cigarettes. and The customer or
31 designee must meet the following requirements:
32 (A) The customer or designee must satisfy one (1) of the
33 following:
34 (i) Have been born before July 1, 2001.
35 (ii) Be at least eighteen (18) years of age and a veteran.
36 This clause expires July 1, 2022.
37 (B) This clause applies after June 30, 2022. The person or
38 designee must satisfy one (1) of the following:
39 (i) Be at least twenty-one (21) years of age.
40 (ii) Be at least eighteen (18) years of age and a veteran.
41 (B) (C) The customer or designee must present a valid
42 operator's license issued under IC 9-24-3 or identification card

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1 issued under IC 9-24-16 if the customer or the customer's

2 designee, in the opinion of the merchant or the merchant's
3 employee making the delivery, appears to be less than
4 twenty-seven (27) years of age.
5 (D) The customer or designee must present proof of
6 veteran status under IC 7.1-3-1-30 if the person is born
7 after June 30, 2001 (before July 1, 2022) or (after June 30,
8 2022) less than twenty-one (21) years of age.
9 (2) The commission may impose a civil penalty of not more than
10 one thousand dollars ($1,000) if the merchant:
11 (A) delivers the cigarettes without first complying with section
12 6(a) of this chapter; or
13 (B) fails to obtain a signature and proof of identification of the
14 customer or the customer's designee under subdivision (1).
15 The commission shall deposit amounts collected under this
16 subdivision into the Richard D. Doyle youth tobacco education
17 and enforcement fund established by IC 7.1-6-2-6.
18 SECTION 19. IC 24-3-5-8, AS AMENDED BY P.L.160-2005,
19 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
20 JULY 1, 2019]: Sec. 8. The commission may impose a civil penalty of
21 not more than one thousand dollars ($1,000) on a: the following:
22 (1) A customer who signs another person's name to a statement
23 required under section 4(1) of this chapter. or
24 (2) A merchant who sells cigarettes by delivery sale to a person
25 less than eighteen (18) years of age who was born after June 30,
26 2001. This subdivision expires July 1, 2022.
27 (3) This subdivision applies after June 30, 2022. A merchant
28 who sells cigarettes by delivery sale to a person less than
29 twenty-one (21) years of age.
30 Notwithstanding subdivisions (2) and (3), a civil penalty may not be
31 imposed on a merchant if the purchaser is at least eighteen (18)
32 years of age and a veteran. The commission shall deposit amounts
33 collected under this section into the Richard D. Doyle youth tobacco
34 education and enforcement fund established by IC 7.1-6-2-6.
35 SECTION 20. IC 35-31.5-2-100, AS ADDED BY P.L.114-2012,
36 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
37 JULY 1, 2019]: Sec. 100. (a) "Distribute", for purposes of
38 IC 35-46-1-10, has the meaning set forth in IC 35-46-1-10(e).
39 IC 35-46-1-10(g).
40 (b) "Distribute", for purposes of IC 35-46-1-10.2, has the meaning
41 set forth in IC 35-46-1-10.2(e). IC 35-46-1-10.2(g).
42 (c) "Distribute", for purposes of IC 35-47.5, has the meaning set

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1 forth in IC 35-47.5-2-6.
2 (d) "Distribute", for purposes of IC 35-48, has the meaning set forth
3 in IC 35-48-1-14.
4 (e) "Distribute", for purposes of IC 35-49, has the meaning set forth
5 in IC 35-49-1-2.
6 SECTION 21. IC 35-43-5-3.8, AS AMENDED BY P.L.158-2013,
7 SECTION 473, IS AMENDED TO READ AS FOLLOWS
8 [EFFECTIVE JULY 1, 2019]: Sec. 3.8. (a) A person who knowingly or
9 intentionally obtains, possesses, transfers, or uses the synthetic
10 identifying information:
11 (1) with intent to harm or defraud another person;
12 (2) with intent to assume another person's identity; or
13 (3) with intent to profess to be another person;
14 commits synthetic identity deception, a Level 6 felony.
15 (b) The offense under subsection (a) is a Level 5 felony if:
16 (1) a person obtains, possesses, transfers, or uses the synthetic
17 identifying information of more than one hundred (100) persons;
18 or
19 (2) the fair market value of the fraud or harm caused by the
20 offense is at least fifty thousand dollars ($50,000).
21 (c) The conduct prohibited in subsections (a) and (b) does not apply
22 to:
23 (1) a person less than twenty-one (21) years of age who uses the
24 synthetic identifying information of another person to acquire:
25 (A) an alcoholic beverage (as defined in IC 7.1-1-3-5); or
26 (B) a cigarette or tobacco product (as defined in
27 IC 6-7-2-5); or
28 (2) a minor (as defined in IC 35-49-1-4) who uses the synthetic
29 identifying information of another person to acquire:
30 (A) a cigarette or tobacco product (as defined in IC 6-7-2-5);
31 (B) (A) a periodical, a videotape, or other communication
32 medium that contains or depicts nudity (as defined in
33 IC 35-49-1-5);
34 (C) (B) admittance to a performance (live or on film) that
35 prohibits the attendance of the minor based on age; or
36 (D) (C) an item that is prohibited by law for use or
37 consumption by a minor.
38 (d) It is not a defense in a prosecution under subsection (a) or (b)
39 that no person was harmed or defrauded.
40 SECTION 22. IC 35-46-1-10, AS AMENDED BY P.L.20-2013,
41 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42 JULY 1, 2019]: Sec. 10. (a) A person commits a Class C infraction

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 17

1 who if the person knowingly does the following:

2 (1) Except as provided in subsection (b), sells or distributes
3 tobacco or an electronic cigarette containing nicotine to a person
4 less than eighteen (18) years of age the following:
5 (A) A person born after June 30, 2001. This clause expires
6 July 1, 2022.
7 (B) This clause applies after June 30, 2022. A person who
8 is less than twenty-one (21) years of age. or
9 (2) Except as provided in subsection (b), purchases tobacco or
10 an electronic cigarette containing nicotine for delivery to another
11 person who is less than eighteen (18) years of age. the following:
12 (A) A person born after June 30, 2001. This clause expires
13 July 1, 2022.
14 (B) This clause applies after June 30, 2022. A person less
15 than twenty-one (21) years of age.
16 commits a Class C infraction. For a sale to take place under this
17 section, the buyer must pay the seller for the tobacco product or the
18 electronic cigarette.
19 (b) No violation of subsection (a) occurs if the person:
20 (1) to whom tobacco or an electronic cigarette containing
21 nicotine is sold or distributed under subsection (a)(1); or
22 (2) who purchases or receives tobacco or an electronic
23 cigarette containing nicotine under subsection (a)(2);
24 is eighteen (18) years of age and a veteran.
25 (c) A person commits a Class C infraction if the person
26 knowingly does the following:
27 (1) Sells or distributes an electronic cigarette that is nicotine
28 free (as defined in IC 7.1-1-3-26.4) to a person who is less than
29 eighteen (18) years of age.
30 (2) Purchases an electronic cigarette that is nicotine free (as
31 defined in IC 7.1-1-3-26.4) for delivery to another person who
32 is less than eighteen (18) years of age.
33 For a sale to take place under this section, the buyer must pay the
34 seller for the electronic cigarette.
35 (b) (d) It is not a defense that the person to whom the tobacco or
36 electronic cigarette was sold or distributed did not smoke, chew, inhale,
37 or otherwise consume the tobacco or the electronic cigarette.
38 (c) (e) The following defenses are available to a person accused of
39 selling or distributing tobacco or an electronic cigarette to a person
40 who is less than eighteen (18) years of age: in violation of subsection
41 (a) or (c):
42 (1) The buyer or recipient produced a driver's license bearing the

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 18

1 purchaser's or recipient's photograph, showing that the purchaser

2 or recipient was of legal age to make the purchase.
3 (2) The buyer or recipient produced a photographic identification
4 card issued under IC 9-24-16-1, or a similar card issued under the
5 laws of another state or the federal government, showing that the
6 purchaser or recipient was of legal age to make the purchase.
7 (3) If applicable, the buyer or recipient produced proof of
8 veteran status under IC 7.1-3-1-30.
9 (3) (4) The appearance of the purchaser or recipient was such that
10 an ordinary prudent person would believe that the purchaser or
11 recipient was not less than the age that complies with regulations
12 promulgated by the federal Food and Drug Administration.
13 (d) (f) It is a defense that the accused person sold or delivered the
14 tobacco or electronic cigarette to a person who acted in the ordinary
15 course of employment or a business concerning tobacco or electronic
16 cigarettes:
17 (1) agriculture;
18 (2) processing;
19 (3) transporting;
20 (4) wholesaling; or
21 (5) retailing.
22 (e) (g) As used in this section, "distribute" means to give tobacco or
23 an electronic cigarette to another person as a means of promoting,
24 advertising, or marketing the tobacco or electronic cigarette to the
25 general public.
26 (f) (h) Unless the person buys or receives tobacco or an electronic
27 cigarette under the direction of a law enforcement officer as part of an
28 enforcement action, a person who sells or distributes tobacco or an
29 electronic cigarette is not liable for a violation of this section unless the
30 person less than eighteen (18) years of age who bought or received the
31 tobacco or electronic cigarette is issued a citation or summons under
32 section 10.5 of this chapter.
33 (g) (i) Notwithstanding IC 34-28-5-5(c), civil penalties collected
34 under this section must be deposited in the Richard D. Doyle youth
35 tobacco education and enforcement fund (IC 7.1-6-2-6).
36 SECTION 23. IC 35-46-1-10.2, AS AMENDED BY P.L.20-2013,
37 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38 JULY 1, 2019]: Sec. 10.2. (a) A retail establishment commits a Class
39 C infraction that if the establishment sells or distributes tobacco or
40 an electronic cigarette containing nicotine to a person the following
41 persons:
42 (1) less than eighteen (18) years of age; A person born after

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1 June 30, 2001. This subdivision expires July 1, 2022.

2 (2) This subdivision applies after June 30, 2022. A person less
3 than twenty-one (21) years of age.
4 commits a Class C infraction. Notwithstanding this subsection, a
5 retail establishment does not commit a violation of this subsection
6 if the purchaser, buyer, or recipient of the tobacco or electronic
7 cigarette containing nicotine is at least eighteen (18) years of age
8 and a veteran.
9 (b) A retail establishment that sells or distributes an electronic
10 cigarette that is nicotine free (as defined in IC 7.1-1-3-26.4) to a
11 person who is less than eighteen (18) years of age commits a Class
12 C infraction.
13 (c) For a sale to take place under this section, the buyer must pay the
14 retail establishment for the tobacco product or electronic cigarette.
15 Notwithstanding IC 34-28-5-4(c), a civil judgment for an infraction
16 committed under this section must be imposed as follows:
17 (1) If the retail establishment at that specific business location has
18 not been issued a citation or summons for a violation of this
19 section in the previous one hundred eighty (180) days, a civil
20 penalty of up to two hundred dollars ($200).
21 (2) If the retail establishment at that specific business location has
22 had one (1) citation or summons issued for a violation of this
23 section in the previous one hundred eighty (180) days, a civil
24 penalty of up to four hundred dollars ($400).
25 (3) If the retail establishment at that specific business location has
26 had two (2) citations or summonses issued for a violation of this
27 section in the previous one hundred eighty (180) days, a civil
28 penalty of up to seven hundred dollars ($700).
29 (4) If the retail establishment at that specific business location has
30 had three (3) or more citations or summonses issued for a
31 violation of this section in the previous one hundred eighty (180)
32 days, a civil penalty of up to one thousand dollars ($1,000).
33 A retail establishment may not be issued a citation or summons for a
34 violation of this section more than once every twenty-four (24) hours
35 for each specific business location.
36 (b) (d) It is not a defense that the person to whom the tobacco or
37 electronic cigarette was sold or distributed did not smoke, chew, inhale,
38 or otherwise consume the tobacco or electronic cigarette.
39 (c) (e) The following defenses are available to a retail establishment
40 accused of selling or distributing tobacco or an electronic cigarette to
41 a person who is less than eighteen (18) years of age: the legal age to
42 make the purchase:

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1 (1) The buyer or recipient produced a driver's license bearing the

2 purchaser's or recipient's photograph showing that the purchaser
3 or recipient was of legal age to make the purchase.
4 (2) The buyer or recipient produced a photographic identification
5 card issued under IC 9-24-16-1 or a similar card issued under the
6 laws of another state or the federal government showing that the
7 purchaser or recipient was of legal age to make the purchase.
8 (3) If applicable, the buyer or recipient produced proof of
9 veteran status under IC 7.1-3-1-30.
10 (3) (4) The appearance of the purchaser or recipient was such that
11 an ordinary prudent person would believe that the purchaser or
12 recipient was not less than the age that complies with regulations
13 promulgated by the federal Food and Drug Administration.
14 (d) (f) It is a defense that the accused retail establishment sold or
15 delivered the tobacco or electronic cigarette to a person who acted in
16 the ordinary course of employment or a business concerning tobacco
17 or electronic cigarettes:
18 (1) agriculture;
19 (2) processing;
20 (3) transporting;
21 (4) wholesaling; or
22 (5) retailing.
23 (e) (g) As used in this section, "distribute" means to give tobacco or
24 an electronic cigarette to another person as a means of promoting,
25 advertising, or marketing the tobacco or electronic cigarette to the
26 general public.
27 (f) (h) Unless a person buys or receives tobacco or an electronic
28 cigarette under the direction of a law enforcement officer as part of an
29 enforcement action, a retail establishment that sells or distributes
30 tobacco or an electronic cigarette is not liable for a violation of this
31 section unless the person less than eighteen (18) years of age who
32 bought or received the tobacco or electronic cigarette is issued a
33 citation or summons under section 10.5 of this chapter.
34 (g) (i) Notwithstanding IC 34-28-5-5(c), civil penalties collected
35 under this section must be deposited in the Richard D. Doyle youth
36 tobacco education and enforcement fund (IC 7.1-6-2-6).
37 (h) (j) A person who violates subsection (a) or (b) or subsections
38 (a) and (b) at least six (6) times in any one hundred eighty (180) day
39 period commits habitual illegal sale of tobacco, a Class B infraction.
40 SECTION 24. IC 35-46-1-10.5, AS AMENDED BY P.L.20-2013,
41 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42 JULY 1, 2019]: Sec. 10.5. (a) Except as provided in subsection (c),

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1 a person less than eighteen (18) years of age: who was born after June
2 30, 2001, who:
3 (1) purchases tobacco or an electronic cigarette containing
4 nicotine;
5 (2) accepts tobacco or an electronic cigarette containing nicotine
6 for personal use; or
7 (3) possesses tobacco or an electronic cigarette containing
8 nicotine on his the person's person;
9 commits a Class C infraction. This subsection expires July 1, 2022.
10 (b) This subsection applies after June 30, 2022. Except as
11 provided in subsection (c), a person less than twenty-one (21) years
12 of age who:
13 (1) purchases tobacco or an electronic cigarette containing
14 nicotine;
15 (2) accepts tobacco or an electronic cigarette containing
16 nicotine for personal use; or
17 (3) possesses tobacco or an electronic cigarette containing
18 nicotine on the person's person;
19 commits a Class C infraction.
20 (c) A person who purchases, accepts, or possesses tobacco or an
21 electronic cigarette containing nicotine does not commit a violation
22 under subsections (a) and (b) if the person is at least eighteen (18)
23 years of age and a veteran.
24 (d) A person less than eighteen (18) years of age who:
25 (1) purchases an electronic cigarette that is nicotine free (as
26 defined in IC 7.1-1-3-26.4);
27 (2) accepts an electronic cigarette that is nicotine free (as
28 defined in IC 7.1-1-3-26.4) for personal use; or
29 (3) possesses an electronic cigarette that is nicotine free (as
30 defined in IC 7.1-1-3-26.4) on the person's person;
31 commits a Class C infraction.
32 (b) (e) It is a defense under subsection (a) this section that the
33 accused person acted in the ordinary course of employment in a
34 business concerning tobacco or electronic cigarettes:
35 (1) agriculture;
36 (2) processing;
37 (3) transporting;
38 (4) wholesaling; or
39 (5) retailing.
40 SECTION 25. IC 35-46-1-11, AS AMENDED BY P.L.20-2013,
41 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42 JULY 1, 2019]: Sec. 11. (a) A tobacco or electronic cigarette vending

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1 machine that is located in a public place must bear the following

2 conspicuous notices:
3 (1) A notice that satisfies one (1) of the following:
4 (A) that The notice reads as follows, with the capitalization
5 indicated:
6 (i) "If you were born after June 30, 2001, YOU ARE
7 FORBIDDEN by Indiana law to buy tobacco or
8 electronic cigarettes from this machine UNLESS you are
9 a member of the United States armed forces or reserves
10 or a veteran discharged or separated from service under
11 conditions other than dishonorable.". This item expires
12 July 1, 2022.
13 (ii) This item applies after June 30, 2022. "If you are under
14 18 21 years of age, YOU ARE FORBIDDEN by Indiana law
15 to buy tobacco or electronic cigarettes from this machine
16 UNLESS you are a member of the United States armed
17 forces or reserves or a veteran discharged or separated
18 from service under conditions other than dishonorable.".
19 or
20 (B) that: The notice:
21 (i) conveys a message substantially similar to the message
22 described in clause (A)(i) or (A)(ii), whichever message is
23 applicable on the date the notice is posted; and
24 (ii) is formatted with words and in a form authorized under
25 the rules adopted by the alcohol and tobacco commission.
26 (2) A notice that reads as follows, "Smoking by Pregnant Women
27 May Result in Fetal Injury, Premature Birth, and Low Birth
28 Weight.".
29 (3) A notice printed in letters and numbers at least one-half (1/2)
30 inch high that displays a toll free phone number for assistance to
31 callers in quitting smoking, as determined by the state department
32 of health.
33 (b) A person who owns or has control over a tobacco or electronic
34 cigarette vending machine in a public place and who:
35 (1) fails to post a notice required by subsection (a) on the vending
36 machine; or
37 (2) fails to replace a notice within one (1) month after it is
38 removed or defaced;
39 commits a Class C infraction.
40 (c) An establishment selling tobacco or electronic cigarettes at retail
41 shall post and maintain in a conspicuous place, at the point of sale, the
42 following:

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1 (1) Signs printed in letters at least one-half (1/2) inch high,

2 reading as follows:
3 (A) "The sale of tobacco or electronic cigarettes containing
4 nicotine to a person who was born after June 30, 2001, is
5 forbidden by Indiana law, unless the purchaser is a
6 member of the United States armed forces or reserves or
7 a veteran discharged or separated from service under
8 conditions other than dishonorable.". This clause expires
9 July 1, 2022.
10 (A) (B) This clause applies after June 30, 2022. "The sale of
11 tobacco or electronic cigarettes containing nicotine to persons
12 a person under 18 21 years of age is forbidden by Indiana law
13 unless the purchaser is a member of the United States
14 armed forces or reserves or a veteran discharged or
15 separated from service under conditions other than
16 dishonorable.".
17 (C) "The sale of electronic cigarettes that do not contain
18 nicotine to a person who is less than eighteen (18) years of
19 age is forbidden by Indiana law.".
20 (B) (D) "Smoking by Pregnant Women May Result in Fetal
21 Injury, Premature Birth, and Low Birth Weight.".
22 (2) A sign printed in letters and numbers at least one-half (1/2)
23 inch high that displays a toll free phone number for assistance to
24 callers in quitting smoking, as determined by the state department
25 of health.
26 (d) A person who:
27 (1) owns or has control over an establishment selling tobacco or
28 electronic cigarettes at retail; and
29 (2) fails to post and maintain the sign required by subsection (c);
30 commits a Class C infraction.
31 SECTION 26. IC 35-46-1-11.5, AS AMENDED BY P.L.20-2013,
32 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 JULY 1, 2019]: Sec. 11.5. (a) Except for a coin machine that is placed
34 in or directly adjacent to an entranceway or an exit, or placed in a
35 hallway, a restroom, or another common area that is accessible to
36 persons who are less than eighteen (18) twenty-one (21) years of age,
37 this section does not apply to a coin machine that is located in the
38 following:
39 (1) That part of a licensed premises (as defined in IC 7.1-1-3-20)
40 where entry is limited to persons who are at least eighteen (18)
41 twenty-one (21) years of age.
42 (2) Private industrial or office locations that are customarily

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1 accessible only to persons who are at least eighteen (18)

2 twenty-one (21) years of age.
3 (3) Private clubs if the membership is limited to persons who are
4 at least eighteen (18) twenty-one (21) years of age.
5 (4) Riverboats where entry is limited to persons who are at least
6 twenty-one (21) years of age and on which lawful gambling is
7 authorized.
8 (b) As used in this section, "coin machine" has the meaning set forth
9 in IC 35-43-5-1.
10 (c) Except as provided in subsection (a), an owner of a retail
11 establishment may not:
12 (1) distribute or sell tobacco or electronic cigarettes by use of a
13 coin machine; or
14 (2) install or maintain a coin machine that is intended to be used
15 for the sale or distribution of tobacco or electronic cigarettes.
16 (d) An owner of a retail establishment who violates this section
17 commits a Class C infraction. A citation or summons issued under this
18 section must provide notice that the coin machine must be moved
19 within two (2) business days. Notwithstanding IC 34-28-5-4(c), a civil
20 judgment for an infraction committed under this section must be
21 imposed as follows:
22 (1) If the owner of the retail establishment has not been issued a
23 citation or summons for a violation of this section in the previous
24 ninety (90) days, a civil penalty of fifty dollars ($50).
25 (2) If the owner of the retail establishment has had one (1) citation
26 or summons issued for a violation of this section in the previous
27 ninety (90) days, a civil penalty of two hundred fifty dollars
28 ($250).
29 (3) If the owner of the retail establishment has had two (2)
30 citations or summonses issued for a violation of this section in the
31 previous ninety (90) days for the same machine, the coin machine
32 shall be removed or impounded by a law enforcement officer
33 having jurisdiction where the violation occurs.
34 An owner of a retail establishment may not be issued a citation or
35 summons for a violation of this section more than once every two (2)
36 business days for each business location.
37 (e) Notwithstanding IC 34-28-5-5(c), civil penalties collected under
38 this section must be deposited in the Richard D. Doyle youth tobacco
39 education and enforcement fund established under IC 7.1-6-2-6.

2019 IN 425—LS 6279/DI 87