First Regular Session 117th General Assembly (2011)

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.
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     AN ACT to amend the Indiana Code concerning alcohol and tobacco.

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

SOURCE: IC 35-46-1-1.3; (11)HE1405.1.1. -->
    SECTION 1. IC 35-46-1-1.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1.3. As used in this chapter, "dissolvable tobacco product" means a smokeless tobacco product that dissolves in the mouth of the user.
SOURCE: IC 35-46-1-1.7; (11)HE1405.1.2. -->     SECTION 2. IC 35-46-1-1.7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1.7. As used in this chapter, "tobacco" includes:
        (1) chewing tobacco;
        (2) cigars, cigarettes, and snuff that contain tobacco; and
        (3) pipe tobacco; and
        (4) a dissolvable tobacco product.

SOURCE: IC 35-46-1-11.8; (11)HE1405.1.3. -->     SECTION 3. IC 35-46-1-11.8, AS ADDED BY P.L.37-2007, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 11.8. (a) As used in this section, "self-service display" means a display that contains cigarettes tobacco in an area where a customer:
        (1) is permitted; and
        (2) has access to the cigarettes tobacco without assistance from a sales person.
    (b) This section does not apply to a self-service display located in a retail establishment that:
        (1) has a primary purpose to sell cigarettes; tobacco; and
        (2) prohibits entry by persons who are less than eighteen (18) years of age.
    (c) The owner of a retail establishment that sells or distributes cigarettes tobacco through a self-service display, other than a coin operated machine operated under IC 35-46-1-11 or IC 35-46-1-11.5, commits a Class C infraction.
    (d) Notwithstanding IC 34-28-5-5(c), civil penalties collected under this section must be deposited in the Richard D. Doyle youth tobacco education and enforcement fund (IC 7.1-6-2-6).

HEA 1405


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