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Chapter 1. Repealed - Repealed by Acts 1978, P.L.2, SEC.2426.
Chapter 2. Cigarette Fair Trade Act
24-3-2-1. Declaration of Policy - Sec. 1. It is declared to be the public policy...
24-3-2-2. Definitions - Sec. 2. Unless the context in this chapter requires otherwise,...
24-3-2-3. Sale at Less Than Cost; Penalty - Sec. 3. (a) It is a Class A infraction for...
24-3-2-4. Sale of Multiple Items at Combined Price - Sec. 4. In all offers for sale or sales involving...
24-3-2-4.7. Failure to Provide Documentary Evidence of Distributor; Penalty; Seizure of Cigarettes or Other Tobacco Products - Sec. 4.7. (a) A retailer shall produce an invoice or...
24-3-2-5. Cost to the Distributor; Further Definition - Sec. 5. When one distributor sells cigarettes to any other...
24-3-2-6. Exceptions - Sec. 6. The provisions of this chapter shall not apply...
24-3-2-7. Sale to Meet Price of Competitor - Sec. 7. (a) Any retailer may offer to sell or...
24-3-2-8. Contract in Violation of Chapter; Contract - Sec. 8. Any contract, expressed or implied, made by any...
24-3-2-9. Evidence to Establish Cost - Sec. 9. (a) In determining cost to the retailer and...
24-3-2-10. Evidence of Price Outside Ordinary Channels of Trade - Sec. 10. (a) In establishing the cost of cigarettes to...
24-3-2-11. Cost Survey as Evidence - Sec. 11. Where a cost survey pursuant to recognized statistical...
24-3-2-12. Injunction - Sec. 12. (a) The department, or any person injured by...
24-3-2-13. Rules; Powers of Department - Sec. 13. (a) The department may adopt rules for the...
Chapter 3. Qualified Escrow Fund for Tobacco Product Manufacturers
24-3-3-1. Findings Regarding Cigarette Smoking - Sec. 1. The General Assembly makes the following findings: (1)...
24-3-3-2. "Adjusted for Inflation" - Sec. 2. As used in this chapter, "adjusted for inflation"...
24-3-3-3. "Affiliate" - Sec. 3. As used in this chapter, "affiliate" means a...
24-3-3-4. "Allocable Share" - Sec. 4. As used in this chapter, "allocable share" means...
24-3-3-5. "Cigarette" - Sec. 5. As used in this chapter, "cigarette" means any...
24-3-3-6. "Master Settlement Agreement" - Sec. 6. As used in this chapter, "Master Settlement Agreement"...
24-3-3-7. "Qualified Escrow Fund" - Sec. 7. As used in this chapter, "qualified escrow fund"...
24-3-3-8. "Released Claims" - Sec. 8. As used in this chapter, "released claims" means...
24-3-3-9. "Releasing Parties" - Sec. 9. As used in this chapter, "releasing parties" means...
24-3-3-10. "Tobacco Product Manufacturer" - Sec. 10. As used in this chapter, "tobacco product manufacturer"...
24-3-3-11. "Units Sold" - Sec. 11. (a) As used in this chapter, "units sold"...
24-3-3-12. Tobacco Product Manufacturers Required to Become Participating Manufacturer or Place Money in Qualified Escrow Fund - Sec. 12. Any tobacco product manufacturer selling cigarettes to consumers...
24-3-3-13. Interest Paid and Release of Escrow Funds; Severability - Sec. 13. (a) Subsection (b) applies unless and until all...
24-3-3-14. Certification of Compliance With Chapter; Failure to Make Annual Deposit - Sec. 14. (a) Each tobacco product manufacturer that elects to...
Chapter 3.5. Tobacco Qualified Escrow Fund Proceedings
24-3-3.5-1. Disclosure - Sec. 1. Notwithstanding any other provision of law, for any...
24-3-3.5-2. Attorney's Fees - Sec. 2. The attorney general is entitled to reasonable attorney's...
Chapter 4. Cigarettes Produced for Export; Imported Cigarettes
24-3-4-1. Applicability of Chapter - Sec. 1. This chapter does not apply to cigarettes sold...
24-3-4-2. "Cigarette" - Sec. 2. As used in this chapter, "cigarette" has the...
24-3-4-3. "Department" - Sec. 3. As used in this chapter, "department" refers to...
24-3-4-4. "Importer" - Sec. 4. As used in this chapter, "importer'' means any...
24-3-4-5. "Law Enforcement Officer" - Sec. 5. As used in this chapter, "law enforcement officer"...
24-3-4-6. "Manufacturer" - Sec. 6. As used in this chapter, "manufacturer" means a...
24-3-4-7. "Person" - Sec. 7. As used in this chapter, "person" has the...
24-3-4-8. Sale, Distribution, or Transportation of Prohibited Cigarettes - Sec. 8. As of October 1, 2000, a person may...
24-3-4-9. Affixing Stamp on Prohibited Cigarettes - Sec. 9. A person may not affix a stamp (as...
24-3-4-10. Monthly Reports of Imported Cigarettes - Sec. 10. (a) A person who, for the purpose of...
24-3-4-11. Powers of Department - Sec. 11. The department may do the following: (1) Adopt...
24-3-4-12. Seizure of Cigarettes; Search Warrants - Sec. 12. (a) If the department or a law enforcement...
24-3-4-13. Enforcement Powers; Prosecution of Violations - Sec. 13. (a) This chapter may be enforced by the...
24-3-4-14. Injunctive or Equitable Relief - Sec. 14. In addition to any other remedy, any person...
24-3-4-15. Class a Misdemeanor; Sale, Distribution, or Transportation of Prohibited Cigarettes - Sec. 15. A person who knowingly or intentionally sells, distributes,...
24-3-4-16. Class a Misdemeanor; Affixing Stamp on Prohibited Cigarettes - Sec. 16. A person who knowingly or intentionally sells, or...
24-3-4-17. Penalty - Sec. 17. A person who: (1) knowingly sells, distributes, or...
Chapter 5. Delivery Sales of Tobacco Products
24-3-5-0.1. "Cigarette" - Sec. 0.1. As used in this chapter, "cigarette" has the...
24-3-5-0.2. "Cigarette Manufacturer" - Sec. 0.2. As used in this chapter, "cigarette manufacturer" means...
24-3-5-0.3. "Commission" - Sec. 0.3. As used in this chapter, "commission" refers to...
24-3-5-1. "Delivery Sale" - Sec. 1. As used in this chapter, "delivery sale" means...
24-3-5-1.5. "Distributor" - Sec. 1.5. As used in this chapter, "distributor" includes the...
24-3-5-2. "Merchant" - Sec. 2. As used in this chapter, "merchant" means a...
24-3-5-3. "Tobacco Product" - Sec. 3. As used in this chapter, "tobacco product" has...
24-3-5-4. Requirements - Sec. 4. Subject to section 4.5 of this chapter, a...
24-3-5-4.5. Delivery Sale by Merchant; Penalties - Sec. 4.5. (a) This section applies to a merchant that...
24-3-5-5. Mailing or Shipping Tobacco Products; Requirements; Penalties - Sec. 5. (a) A merchant who mails or ships cigarettes...
24-3-5-6. Filing With Department of State Revenue; Compliance - Sec. 6. (a) A merchant shall, before mailing or shipping...
24-3-5-7. Pay Taxes or Provide Notice; Penalties - Sec. 7. (a) A merchant who delivers cigarettes to a...
24-3-5-8. Civil Penalties - Sec. 8. The commission may impose a civil penalty of...
Chapter 5.2. Repealed - Repealed by P.L.160-2005, SEC.18.
Chapter 5.4. Master Settlement Agreement Protection Act
24-3-5.4-1. "Brand Family" - Sec. 1. As used in this chapter, "brand family" means...
24-3-5.4-2. "Cigarette" - Sec. 2. As used in this chapter, "cigarette" has the...
24-3-5.4-3. "Commission" - Sec. 3. As used in this chapter, "commission" means the...
24-3-5.4-4. "Department" - Sec. 4. As used in this chapter, "department" means the...
24-3-5.4-5. "Distributor" - Sec. 5. As used in this chapter, "distributor" means a...
24-3-5.4-5.5. "Importer" - Sec. 5.5. As used in this chapter, "importer" means a...
24-3-5.4-6. "Master Settlement Agreement" - Sec. 6. As used in this chapter, "master settlement agreement"...
24-3-5.4-6.5. "Newly Qualified Nonparticipating Manufacturer" - Sec. 6.5. As used in this chapter, "newly qualified nonparticipating...
24-3-5.4-7. "Nonparticipating Manufacturer" - Sec. 7. As used in this chapter, "nonparticipating manufacturer" means...
24-3-5.4-8. "Participating Manufacturer" - Sec. 8. As used in this chapter, "participating manufacturer" has...
24-3-5.4-9. "Qualified Escrow Fund" - Sec. 9. As used in this chapter, "qualified escrow fund"...
24-3-5.4-10. "Stamping Agent" - Sec. 10. As used in this chapter, "stamping agent" means...
24-3-5.4-11. "Tobacco Product Manufacturer" - Sec. 11. As used in this chapter, "tobacco product manufacturer"...
24-3-5.4-12. "Units Sold" - Sec. 12. As used in this chapter, "units sold" has...
24-3-5.4-13. Tobacco Product Manufacturer Certification; Brand Family List; Maintenance of Sales Documentation by Nonparticipating Manufacturer - Sec. 13. (a) Not later than April 30 of each...
24-3-5.4-13.5. Importers Required to Provide Information to the Attorney General - Sec. 13.5. (a) This section applies to a nonparticipating manufacturer...
24-3-5.4-13.6. Bonds Required for Certain Newly Qualified and Certain Nonparticipating Manufacturers - Sec. 13.6. (a) The attorney general may determine that a...
24-3-5.4-14. Brand Family Directory; Refunds - Sec. 14. (a) Not later than July 1 of each...
24-3-5.4-15. Stamping, Sale, or Importation of Unlisted Cigarettes Prohibited - Sec. 15. A person may not: (1) affix a stamp...
24-3-5.4-16. Appointment of Agent by Foreign Nonparticipating Manufacturer; Termination of Agency - Sec. 16. (a) A foreign nonparticipating manufacturer that has not...
24-3-5.4-17. Distributor or Stamping Agent Required to Send Information to Department, Commission, and Attorney General - Sec. 17. (a) This section applies after July 31, 2003....
24-3-5.4-18. Disclosure of Information Received - Sec. 18. (a) The department and the commission shall disclose...
24-3-5.4-19. Proof of Qualified Escrow Fund by Nonparticipating Manufacturer - Sec. 19. The attorney general may require a nonparticipating manufacturer...
24-3-5.4-20. Rules - Sec. 20. The department or the attorney general may adopt...
24-3-5.4-21. Revocation of Suspension of Distributor's License; Penalty - Sec. 21. (a) This section applies in addition to or...
24-3-5.4-22. Seizure and Forfeiture of Unlisted Cigarettes - Sec. 22. Whenever the department or the commission discovers any...
24-3-5.4-23. Injunction - Sec. 23. The attorney general may seek an injunction to:...
24-3-5.4-24. Violation; Infraction or Class C Misdemeanor - Sec. 24. (a) A person shall not: (1) sell or...
24-3-5.4-25. Unfair and Deceptive Business Practice - Sec. 25. A person who violates section 15 of this...
24-3-5.4-26. Judicial Review - Sec. 26. A determination by the attorney general to not...
24-3-5.4-27. Issuance of Registration Certificate - Sec. 27. The department shall not issue a registration certificate...
24-3-5.4-28. Recovery of Costs - Sec. 28. In an action brought by the state to...
24-3-5.4-29. Disgorged Profits - Sec. 29. If a court determines that a person has...
24-3-5.4-30. Penalties Deposited in Enforcement and Administration Fund - Sec. 30. All: (1) civil penalties imposed under; and (2)...
Chapter 6. Contraband Cigarettes
24-3-6-1. "Commission" - Sec. 1. As used in this chapter, "commission" refers to...
24-3-6-2. "Distributor" - Sec. 2. As used in this chapter, "distributor" means a...
24-3-6-3. "Importer" - Sec. 3. As used in this chapter, "importer" means a...
24-3-6-4. "Licensed" - Sec. 4. As used in this chapter, "licensed" means holding...
24-3-6-5. "Manufacturer" - Sec. 5. As used in this chapter, "manufacturer" means a...
24-3-6-6. "Person" - Sec. 6. As used in this chapter, "person" has the...
24-3-6-7. "Retailer" - Sec. 7. As used in this chapter, "retailer" means a...
24-3-6-8. "Stamp" - Sec. 8. As used in this chapter, "stamp" has the...
24-3-6-9. Licenses; Application, Issuance, and Renewal; Revocation or Suspension - Sec. 9. (a) The commission may issue or renew a...
24-3-6-10. Stamped and Unstamped Cigarettes - Sec. 10. (a) A distributor may apply a stamp only...
24-3-6-11. Selling or Obtaining Cigarettes - Sec. 11. (a) A manufacturer or an importer may sell...
24-3-6-12. Reporting Information by Distributor to Attorney General - Sec. 12. (a) This section does not apply to a...
24-3-6-12.3. Distributor Reports Under Section 12 of Chapter; When Required - Sec. 12.3. Notwithstanding section 12(b)(2) of this chapter, as added...
24-3-6-13. Documentation of Transactions; Preservation; Review - Sec. 13. (a) An importer or a manufacturer shall maintain...
24-3-6-14. Inspection by Commission or Law Enforcement Officer - Sec. 14. (a) The commission may enter and inspect, without...
24-3-6-15. Civil Penalty - Sec. 15. (a) A person who violates this chapter is...
24-3-6-16. Right of Action; Notice to Attorney General - Sec. 16. (a) Either or both of the following may...
Chapter 7. Nicotine Liquid Container Packaging
24-3-7-1. Application of Chapter - Sec. 1. This chapter does not apply to any product...
24-3-7-2. "Child Resistant Packaging" - Sec. 2. As used in this chapter, "child resistant packaging"...
24-3-7-3. "Commission" - Sec. 3. As used in this chapter, "commission" refers to...
24-3-7-4. "Electronic Cigarette" - Sec. 4. As used in this chapter, "electronic cigarette" means...
24-3-7-5. "Electronic Delivery Device" - Sec. 5. (a) As used in this chapter, "electronic delivery...
24-3-7-6. "Nicotine Liquid Container" - Sec. 6. (a) As used in this chapter, "nicotine liquid...
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:...
24-3-7-8. Seizure of Products; Penalties - Sec. 8. (a) If the commission discovers any product sold...