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IC 24-3-7
Chapter 7. Nicotine Liquid Container Packaging
IC 24-3-7-1
Application of chapter
Sec. 1. This chapter does not apply to any product that:
(1) has been approved or certified by the United States Food
and Drug Administration for sale:
(A) as a tobacco cessation product;
(B) as a tobacco dependence product; or
(C) for another medical purpose; and
(2) is marketed and sold for an approved purpose referred to in
subdivision (1)(A) through (1)(C).
As added by P.L.231-2015, SEC.13.
IC 24-3-7-2
"Child resistant packaging"
Sec. 2. As used in this chapter, "child resistant packaging" means
packaging that:
(1) is designed or constructed so that it is significantly difficult
for children less than five (5) years of age to:
(A) open the package; or
(B) obtain a toxic or harmful amount of substance from
within the package;
within a reasonable time; but
(2) is not difficult for adults to use properly.
As added by P.L.231-2015, SEC.13.
IC 24-3-7-3
"Commission"
Sec. 3. As used in this chapter, "commission" refers to the alcohol
and tobacco commission created by IC 7.1-2-1-1.
As added by P.L.231-2015, SEC.13.
IC 24-3-7-4
"Electronic cigarette"
Sec. 4. As used in this chapter, "electronic cigarette" means a
device that is capable of providing an inhalable dose of nicotine by
delivering a vaporized solution. The term includes the components
and cartridges of an electronic cigarette.
As added by P.L.231-2015, SEC.13.
IC 24-3-7-5
"Electronic delivery device"
Sec. 5. (a) As used in this chapter, "electronic delivery device"
means any product that:
(1) contains or delivers nicotine, lobelia, or any other substance
intended for human consumption; and
Indiana Code 2016
(2) can be used by a person to simulate smoking in the delivery
of nicotine, lobelia, or any other substance through inhalation
of vapor from the product.
(b) The term includes any component part of a product described
in subsection (a), whether or not the component part is marketed or
sold separately.
As added by P.L.231-2015, SEC.13.
IC 24-3-7-6
"Nicotine liquid container"
Sec. 6. (a) As used in this chapter, "nicotine liquid container"
means a bottle or other container that:
(1) contains a nicotine liquid or another substance containing
nicotine; and
(2) is sold, marketed, or intended for use with an electronic
cigarette or other electronic delivery device.
(b) The term does not include a container containing nicotine in
a cartridge that is sold, marketed, or intended for use with an
electronic cigarette if the cartridge:
(1) is prefilled and sealed by the manufacturer; and
(2) is not intended to be opened by the consumer.
As added by P.L.231-2015, SEC.13.
IC 24-3-7-7
Liquid and gel nicotine substances required to be contained in
child resistant packaging
Sec. 7. A person may not manufacture, sell, or distribute:
(1) a liquid or gel substance containing nicotine; or
(2) a nicotine liquid container;
unless the product is contained in child resistant packaging.
As added by P.L.231-2015, SEC.13.
IC 24-3-7-8
Seizure of products; penalties
Sec. 8. (a) If the commission discovers any product sold or
distributed in violation of this chapter, the commission may seize and
take possession of the product. The commission shall destroy
products seized under this subsection.
(b) The commission may impose a civil penalty on any person
who sells or distributes a product in violation of this chapter.
However, the civil penalty may not exceed the greater of:
(1) five hundred percent (500%) of the retail value of the
product sold or distributed in violation of this chapter; or
(2) five thousand dollars ($5,000).
As added by P.L.231-2015, SEC.13.
Indiana Code 2016
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