First Regular Session 117th General Assembly (2011)


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    HOUSE ENROLLED ACT No. 1405



     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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