2015 Indiana Code TITLE 7.1. ALCOHOL AND TOBACCO ARTICLE 6. YOUTH TOBACCO SALES AND ENFORCEMENT CHAPTER 2. YOUTH TOBACCO LAW ENFORCEMENT AUTHORITY
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IC 7.1-6-2
Chapter 2. Youth Tobacco Law Enforcement Authority
IC 7.1-6-2-0.3
Intent of general assembly regarding implementation and
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 receives or may receive
relating to P.L.256-1996.
As added by P.L.220-2011, SEC.181.
IC 7.1-6-2-0.4
Payment of penalties under section 8 of chapter; no imposition 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 1, 2001;
before August 1, 2001, without the imposition of a late payment
penalty or interest under section 8 of this chapter, as added by
P.L.204-2001. After July 30, 2001, late payment penalties and
interest shall be added to the civil penalty as if section 8 of this
chapter, as added by P.L.204-2001, were in effect on the date that the
civil penalty was imposed.
As added by P.L.220-2011, SEC.182.
IC 7.1-6-2-1
Enforcement
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 Health Service Act (42 U.S.C.
300x-26); and
(2) implementing regulations promulgated by the United States
Department of Health and Human Services.
As added by P.L.256-1996, SEC.2.
IC 7.1-6-2-2
Unannounced inspections
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 are sold or
distributed to ensure compliance with this article. Only the
commission, an Indiana law enforcement agency, the office of the
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sheriff of a county, or an organized police department of a municipal
corporation may conduct the random unannounced inspections. These
entities may use retired or off-duty law enforcement officers to
conduct inspections under this section.
As added by P.L.256-1996, SEC.2. Amended by P.L.215-2001,
SEC.13.
IC 7.1-6-2-3
Sale of cigarettes without health warning prohibited
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.2.
IC 7.1-6-2-4
Participation by minor in enforcement action
Sec. 4. (a) An enforcement officer vested with full police powers
and duties may engage a person less than eighteen (18) years of age
as part of an enforcement action under this article if the initial or
contemporaneous receipt or purchase of a tobacco product or
electronic cigarette by a person less than eighteen (18) years of age
occurs under the direction of an enforcement officer vested with full
police powers and duties and is part of the enforcement action.
(b) An enforcement officer vested with full police powers and
duties shall not:
(1) recruit or attempt to recruit a person less than eighteen (18)
years of age to participate in an enforcement action under
subsection (a) at the scene of a violation of section 2 of this
chapter; or
(2) allow a person less than eighteen (18) years of age to
purchase or receive a tobacco product or electronic cigarette as
part of an enforcement action under subsection (a) without the
written permission of the person's parents or legal guardians.
As added by P.L.256-1996, SEC.2. Amended by P.L.20-2013, SEC.2.
IC 7.1-6-2-5
Annual report
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-26) and implementing regulations promulgated under
that act.
As added by P.L.256-1996, SEC.2. Amended by P.L.215-2001,
SEC.14.
IC 7.1-6-2-6
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Youth tobacco education and enforcement fund
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 fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested.
(d) Money in the fund at the end of a state fiscal year does not
revert to the state general fund.
(e) Money in the fund shall be used for the following purposes:
(1) For youth smoking prevention education. The commission
may contract with the state department of health or the office of
the secretary of family and social services for youth smoking
prevention education programs.
(2) For education and training of retailers who sell tobacco
products. The commission may contract with education and
training programs of the office of the secretary of family and
social services, the division of mental health and addiction,
enforcement officers, or a program approved by the
commission.
(3) For the commission, for enforcement of youth tobacco laws.
As added by P.L.177-1999, SEC.9. Amended by P.L.204-2001,
SEC.57; P.L.215-2001, SEC.15; P.L.1-2002, SEC.36; P.L.252-2003,
SEC.5.
IC 7.1-6-2-8
Payment of civil penalties; late penalties; interest
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 after
final judgment.
(c) A person who fails to pay a civil penalty within the time
specified in subsection (b) is liable for a late penalty equal to the
greater of the following:
(1) Twenty-five percent (25%) of the amount of the civil penalty
imposed under IC 35-46-1.
(2) The lesser of the following:
(A) Twenty-five dollars ($25) multiplied by the number of
days that have elapsed after the date that the civil penalty
was imposed by a court.
(B) Five thousand dollars ($5,000).
(d) A person who fails to pay a civil penalty within the time
specified in subsection (b) is liable for interest on the unpaid amount
of the:
(1) civil penalty imposed by a court; and
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(2) late penalty imposed under this section.
The interest rate is the adjusted rate of interest as determined under
IC 6-8.1-10-1 payable from the date that payment of the amount was
due.
(e) A person who fails to pay a civil penalty within the time
specified in subsection (b) is liable for the reasonable documented
out-of-pocket expenses incurred in pursuing collection efforts.
(f) The commission shall collect the following:
(1) Civil penalties imposed by a court.
(2) Late penalties imposed under this section.
(3) Interest imposed under this section.
(4) Reasonable documented out-of-pocket expenses incurred in
pursuing collection efforts.
(g) Late penalties and interest imposed under this section shall be
deposited in the Richard D. Doyle youth tobacco education and
enforcement fund established by section 6 of this chapter.
As added by P.L.204-2001, SEC.58. Amended by P.L.252-2003,
SEC.6.
Indiana Code 2015
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