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,
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will appear in that style type in the introductory clause of each SECTION that adds
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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;
(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
in an area
where a customer:
(1) is permitted; and
(2) has access to the
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
(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
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).
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