Indiana 2024 Regular Session

Indiana Senate Bill SB0227 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 227
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 4-21.5-2-4; IC 7.1-3.5; IC 24-5-0.5-3.
7	7	Synopsis: Directory of approved vaping products. Requires
8	8	manufacturers of alternative nicotine products and vapor products to
9	9	annually certify their products with the department of state revenue
10	10	(department). Requires the department to establish and maintain a
11	11	directory on the department's website of all manufacturers of
12	12	alternative nicotine products and vapor products. Provides that, if an
13	13	alternative nicotine product or vapor product is removed from the
14	14	directory, each retail dealer, distributor, or wholesaler has 21 days from
15	15	the day the product is removed from the directory to remove the
16	16	product from its inventory and return the product to the manufacturer
17	17	for disposal. Provides that, after the 21 day period, the alternative
18	18	nicotine products or vapor products of a manufacturer identified in the
19	19	notice of removal are contraband and are subject to seizure, forfeiture,
20	20	and destruction and may not be purchased or sold in Indiana. Provides
21	21	the department with certain enforcement authority. Provides that all
22	22	fees and penalties collected by the department must be used by the
23	23	department to administer the directory and enforce the requirements
24	24	associated with the directory. Provides that any alternative nicotine
25	25	products or vapor products offered for sale in violation of the directory
26	26	requirements are declared to be contraband and may be seized without
27	27	a warrant by the department or by any law enforcement agency in
28	28	Indiana if directed by the commissioner of the department. Provides
29	29	that a person may not advertise, distribute, market, offer for sale, or sell
30	30	a vapor product by using, in a trademark of the product or in the
31	31	product's advertising branding, design, marketing, or packaging, certain
32	32	terminology that is attractive to minors. Requires the department to
33	33	(Continued next page)
34	34	Effective: July 1, 2024.
35	35	Gaskill, Holdman
36	36	January 10, 2024, read first time and referred to Committee on Tax and Fiscal Policy.
37	37	2024 IN 227—LS 6741/DI 116 Digest Continued
38	38	submit an annual report to the general assembly. Provides that a
39	39	violation of the directory requirements constitutes a deceptive act that
40	40	may be enforced by the attorney general.
41	41	2024 IN 227—LS 6741/DI 1162024 IN 227—LS 6741/DI 116 Introduced
42	42	Second Regular Session of the 123rd General Assembly (2024)
43	43	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
44	44	Constitution) is being amended, the text of the existing provision will appear in this style type,
45	45	additions will appear in this style type, and deletions will appear in this style type.
46	46	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
47	47	provision adopted), the text of the new provision will appear in this style type. Also, the
48	48	word NEW will appear in that style type in the introductory clause of each SECTION that adds
49	49	a new provision to the Indiana Code or the Indiana Constitution.
50	50	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
51	51	between statutes enacted by the 2023 Regular Session of the General Assembly.
52	52	SENATE BILL No. 227
53	53	A BILL FOR AN ACT to amend the Indiana Code concerning
54	54	alcohol and tobacco.
55	55	Be it enacted by the General Assembly of the State of Indiana:
56	56	1 SECTION 1. IC 4-21.5-2-4, AS AMENDED BY P.L.132-2019,
57	57	2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
58	58	3 JULY 1, 2024]: Sec. 4. (a) This article does not apply to any of the
59	59	4 following agencies:
60	60	5 (1) The governor.
61	61	6 (2) The state board of accounts.
62	62	7 (3) The state educational institutions.
63	63	8 (4) The department of workforce development.
64	64	9 (5) The unemployment insurance review board of the department
65	65	10 of workforce development.
66	66	11 (6) The worker's compensation board of Indiana.
67	67	12 (7) The military officers or boards.
68	68	13 (8) The Indiana utility regulatory commission.
69	69	14 (9) The department of state revenue (excluding an agency action
70	70	15 related to the licensure of private employment agencies or an
71	71	2024 IN 227—LS 6741/DI 116 2
72	72	1 agency action relating to an alternative nicotine product or
73	73	2 vapor product under IC 7.1-3.5-1).
74	74	3 (10) The department of local government finance.
75	75	4 (11) The Indiana board of tax review.
76	76	5 (12) The Indiana department of veterans' affairs.
77	77	6 (13) The Indiana veterans' affairs commission.
78	78	7 (b) This article does not apply to action related to railroad rate and
79	79	8 tariff regulation by the Indiana department of transportation.
80	80	9 SECTION 2. IC 7.1-3.5 IS ADDED TO THE INDIANA CODE AS
81	81	10 A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
82	82	11 2024]:
83	83	12 ARTICLE 3.5. ALTERNATIVE NICOTINE PRODUCT OR
84	84	13 VAPOR PRODUCT DIRECTORY
85	85	14 Chapter 1. Alternative Nicotine Product or Vapor Product
86	86	15 Directory
87	87	16 Sec. 1. As used in this chapter, "alternative nicotine product"
88	88	17 has the meaning set forth in IC 6-7-2-0.2.
89	89	18 Sec. 2. As used in this chapter, "closed system cartridge" has the
90	90	19 meaning set forth in IC 6-7-2-0.5.
91	91	20 Sec. 3. As used in this chapter, "commissioner" means the
92	92	21 commissioner of the department.
93	93	22 Sec. 4. As used in this chapter, "consumable material" means
94	94	23 any liquid solution or other material used in an open system
95	95	24 container or closed system cartridge that is depleted as the vapor
96	96	25 product is used.
97	97	26 Sec. 5. As used in this chapter, "department" means the
98	98	27 department of state revenue.
99	99	28 Sec. 6. As used in this chapter, "distributor" means a person
100	100	29 who:
101	101	30 (1) sells, barters, exchanges, or distributes alternative nicotine
102	102	31 products or vapor products in Indiana to retail dealers for the
103	103	32 purpose of resale;
104	104	33 (2) purchases alternative nicotine products or vapor products
105	105	34 directly from manufacturers of alternative nicotine products
106	106	35 and vapor products; or
107	107	36 (3) purchases for resale alternative nicotine products or vapor
108	108	37 products from a wholesaler, jobber, or distributor outside
109	109	38 lndiana who is not a distributor licensed under IC 6-7-2-8.
110	110	39 Sec. 7. As used in this chapter, "open system container" has the
111	111	40 meaning set forth in IC 6-7-4-5.
112	112	41 Sec. 8. As used in this chapter, "retail dealer" means a person
113	113	42 engaged in the selling of alternative nicotine products or vapor
114	114	2024 IN 227—LS 6741/DI 116 3
115	115	1 products to ultimate consumers.
116	116	2 Sec. 9. As used in this chapter, "vapor product" means either of
117	117	3 the following:
118	118	4 (1) A device, such as an electronic cigarette, which employs a
119	119	5 mechanical heating element, battery, or electronic circuit,
120	120	6 regardless of shape or size, that can be used to produce vapor
121	121	7 from consumable material that may or may not be sold with
122	122	8 the device.
123	123	9 (2) Any open system container or closed system cartridge of
124	124	10 a consumable material in a solution or other form that is
125	125	11 intended to be used with or in a device described in
126	126	12 subdivision (1).
127	127	13 Sec. 10. (a) On or before July 1, 2024, and each July 1
128	128	14 thereafter, each manufacturer of alternative nicotine products and
129	129	15 vapor products that are sold in Indiana, whether directly or
130	130	16 through a distributor, wholesaler, retail dealer, or similar
131	131	17 intermediary or intermediaries shall certify, under penalty of
132	132	18 perjury, on a form and in the manner prescribed by the
133	133	19 department that the manufacturer agrees to comply with this
134	134	20 chapter and that:
135	135	21 (1) the manufacturer has received a marketing authorization
136	136	22 or similar order for the alternative nicotine product or vapor
137	137	23 product from the United States Food and Drug
138	138	24 Administration under 21 U.S.C. 387j; or
139	139	25 (2) the:
140	140	26 (A) alternative nicotine product or vapor product was
141	141	27 marketed in the United States as of August 8, 2016;
142	142	28 (B) manufacturer submitted a premarket tobacco product
143	143	29 application for the alternative nicotine product or vapor
144	144	30 product to the United States Food and Drug
145	145	31 Administration under 21 U.S.C. 387j on or before
146	146	32 September 9, 2020; and
147	147	33 (C) application either remains under review by the United
148	148	34 States Food and Drug Administration or a final decision on
149	149	35 the application has not otherwise taken effect.
150	150	36 (b) The manufacturer must separately list each alternative
151	151	37 nicotine product and vapor product that is sold in Indiana on the
152	152	38 certification form submitted under subsection (a).
153	153	39 (c) Each annual certification required by subsection (a) shall be
154	154	40 accompanied by:
155	155	41 (1) a copy of the marketing authorization or other order for
156	156	42 the alternative nicotine product or vapor product issued by
157	157	2024 IN 227—LS 6741/DI 116 4
158	158	1 the United States Food and Drug Administration under 21
159	159	2 U.S.C. 387j, or evidence that the premarket tobacco product
160	160	3 application for the alternative nicotine product or vapor
161	161	4 product was submitted to the United States Food and Drug
162	162	5 Administration and a final authorization or order has not yet
163	163	6 taken effect; and
164	164	7 (2) an initial payment of two hundred fifty dollars ($250) for
165	165	8 each alternative nicotine product or vapor product reported
166	166	9 on the certification form described in subsection (a) for that
167	167	10 product and a subsequent payment of two hundred fifty
168	168	11 dollars ($250) annually each year thereafter for each
169	169	12 alternative nicotine product or vapor product reported on the
170	170	13 certification form submitted under subsection (a).
171	171	14 (d) A manufacturer required to submit a certification form
172	172	15 under subsection (a) shall notify the commissioner not later than
173	173	16 thirty (30) days after the date that any material change to the
174	174	17 certification form occurs, including the issuance or denial of a
175	175	18 marketing authorization or other order by the United States Food
176	176	19 and Drug Administration under 21 U.S.C. 387j, or any other order
177	177	20 or action by the United States Food and Drug Administration, that
178	178	21 affects the ability of the alternative nicotine product or vapor
179	179	22 product to be introduced or delivered into interstate commerce for
180	180	23 commercial distribution in the United States.
181	181	24 Sec. 11. On or before September 1, 2024, the department shall
182	182	25 develop and maintain a directory on the department's website that
183	183	26 lists all alternative nicotine product and vapor product
184	184	27 manufacturers and alternative nicotine products and vapor
185	185	28 products for which certification forms have been submitted. The
186	186	29 directory must be updated monthly.
187	187	30 Sec. 12. (a) The department shall provide a manufacturer with
188	188	31 notice and an opportunity to cure deficiencies before removing a
189	189	32 manufacturer or its products from the directory described in
190	190	33 section 11 of this chapter.
191	191	34 (b) The department may not remove the manufacturer or its
192	192	35 product from the directory described in section 11 of this chapter
193	193	36 until at least fifteen (15) days after the date that the manufacturer
194	194	37 has been given notice of an intended action. Notice shall be
195	195	38 sufficient and be considered immediately received by a
196	196	39 manufacturer if the notice is sent either electronically or by
197	197	40 facsimile to an electronic mail address or facsimile number, as the
198	198	41 case may be, provided by the manufacturer in its most recent
199	199	42 certification form filed under section 10(a) of this chapter.
200	200	2024 IN 227—LS 6741/DI 116 5
201	201	1 (c) The manufacturer shall have fifteen (15) business days from
202	202	2 the date of service of the notice of the department's intended action
203	203	3 under subsection (b) to establish that the manufacturer or its
204	204	4 products should be included in the directory.
205	205	5 Sec. 13. (a) If an alternative nicotine product or vapor product
206	206	6 is removed from the directory described in section 11 of this
207	207	7 chapter, each retail dealer, distributor, or wholesaler shall have
208	208	8 twenty-one (21) days from the date the product is removed from
209	209	9 the directory to remove the product from its inventory and return
210	210	10 the product to the manufacturer for disposal.
211	211	11 (b) After the twenty-one (21) day period described in subsection
212	212	12 (a), the alternative nicotine products or vapor products of a
213	213	13 manufacturer identified in the notice of removal are contraband
214	214	14 and are subject to seizure, forfeiture, and destruction as provided
215	215	15 in section 17(c) of this chapter and may not be purchased or sold
216	216	16 in Indiana.
217	217	17 Sec. 14. After August 30, 2024, a person may not sell or offer for
218	218	18 sale an alternative nicotine product or vapor product in Indiana
219	219	19 that is not included in the directory described in section 11 of this
220	220	20 chapter, and a manufacturer may not sell to a distributor,
221	221	21 wholesaler, retail dealer, or similar intermediary or intermediaries
222	222	22 an alternative nicotine product or vapor product in Indiana that is
223	223	23 not included in the directory described in section 11 of this chapter.
224	224	24 Sec. 15. The following penalties apply to violations of this
225	225	25 chapter:
226	226	26 (1) A distributor, wholesaler, or retail dealer that sells or
227	227	27 offers for sale an alternative nicotine product or vapor
228	228	28 product in Indiana that is not included in the directory is
229	229	29 subject to a civil penalty of one thousand dollars ($1,000) per
230	230	30 day for each product offered for sale in violation of this
231	231	31 chapter until the product is removed from the market or until
232	232	32 the product is properly listed on the directory described in
233	233	33 section 11 of this chapter.
234	234	34 (2) A manufacturer whose alternative nicotine products or
235	235	35 vapor products are not listed in the directory and are sold in
236	236	36 Indiana to a distributor, wholesaler, retail dealer, or similar
237	237	37 intermediary or intermediaries is subject to a civil penalty of
238	238	38 five hundred dollars ($500) per day for each product offered
239	239	39 for sale in violation of this chapter until the product is
240	240	40 removed from the market or until the product is properly
241	241	41 listed on the directory described in section 11 of this chapter.
242	242	42 Sec. 16. (a) A person may not advertise, distribute, market, offer
243	243	2024 IN 227—LS 6741/DI 116 6
244	244	1 for sale, or sell a vapor product in either of the following ways:
245	245	2 (1) By using, in a trademark of the product or in the product's
246	246	3 advertising branding, design, marketing, or packaging:
247	247	4 (A) the terms "cake", "candy", "cupcake", "pastry", or
248	248	5 "pie", or a variation of one (1) or more of those terms; or
249	249	6 (B) any other term that references a type or brand of cake,
250	250	7 candy, cupcake, pastry, or pie, including a type or brand of
251	251	8 cake, candy, cupcake, pastry, or pie that does not include
252	252	9 the terms "cake", "candy", "cupcake", "pastry", or "pie"
253	253	10 in its name or any of its slogans.
254	254	11 (2) By using, in a trademark of the product or in the product's
255	255	12 advertising, branding, design, marketing, packaging, or trade
256	256	13 dress, a depiction or signifier of any of the following:
257	257	14 (A) A food, or a brand of food, marketed to minors,
258	258	15 including any of the following:
259	259	16 (i) A cereal.
260	260	17 (ii) A cookie, ice cream, sherbet, sorbet, or other dessert.
261	261	18 (iii) A juice box or soft drink.
262	262	19 (B) A character, personality, or symbol known to appeal to
263	263	20 minors, including any of the following:
264	264	21 (i) A celebrity.
265	265	22 (ii) A character in a comic book, movie, television show,
266	266	23 or video game.
267	267	24 (iii) A unicorn or any other mythical creature.
268	268	25 (C) School supplies primarily used by minors, including
269	269	26 any of the following:
270	270	27 (i) Erasers.
271	271	28 (ii) Highlighters.
272	272	29 (iii) Ink pens.
273	273	30 (iv) Pencils.
274	274	31 (b) A person that violates subsection (a) is subject to a civil
275	275	32 penalty as follows:
276	276	33 (1) For a first violation, one hundred dollars ($100).
277	277	34 (2) For a second violation, five hundred dollars ($500).
278	278	35 (3) For a third or subsequent violation, two thousand five
279	279	36 hundred dollars ($2,500).
280	280	37 (c) Any vapor product advertised, distributed, marketed,
281	281	38 offered for sale, or sold in violation of subsection (a) is declared to
282	282	39 be contraband and may be seized by the department or a law
283	283	40 enforcement agency in coordination with the department, without
284	284	41 a warrant. The cost of a seizure, forfeiture, and destruction shall
285	285	42 be borne by the person from whom the product is confiscated.
286	286	2024 IN 227—LS 6741/DI 116 7
287	287	1 (d) The department shall conduct compliance checks in
288	288	2 accordance with section 17 of this chapter to ensure a person's
289	289	3 compliance with subsection (a).
290	290	4 Sec. 17. (a) The department has the authority to enforce
291	291	5 compliance with this chapter and may adopt rules under IC 4-22-2
292	292	6 that are necessary to administer and enforce the requirements of
293	293	7 this chapter.
294	294	8 (b) The department may examine the books, papers, and records
295	295	9 of any distributor, wholesaler, or retail dealer in Indiana, for the
296	296	10 purpose of determining compliance with this chapter. The
297	297	11 department may make the inspections and examinations at any
298	298	12 time during ordinary business hours, and may inspect the premises
299	299	13 and all desks, safes, vaults, and other fixtures and furniture
300	300	14 contained in or upon the premises for the purpose of ascertaining
301	301	15 whether alternative nicotine products or vapor products are held
302	302	16 or possessed in violation of this chapter.
303	303	17 (c) Any alternative nicotine products or vapor products offered
304	304	18 for sale in violation of this chapter are declared to be contraband
305	305	19 and may be seized in the manner prescribed by section 16(c) of this
306	306	20 chapter.
307	307	21 (d) In an action brought under this section, the department may
308	308	22 recover reasonable expenses incurred in investigating and
309	309	23 preparing a case, including attorney's fees.
310	310	24 (e) An agency action by the department under this chapter is
311	311	25 subject to IC 4-21.5.
312	312	26 Sec. 18. On or before November 1, 2026, and each November 1
313	313	27 thereafter, the department shall submit a report to the general
314	314	28 assembly in an electronic format under IC 5-14-6. The report must
315	315	29 include the following:
316	316	30 (1) The status of the directory and the manufacturers and
317	317	31 products included in the directory.
318	318	32 (2) Revenue collected and expenditures related to
319	319	33 administration of this chapter.
320	320	34 (3) Enforcement activities undertaken under section 17 of this
321	321	35 chapter.
322	322	36 (4) Any information the department determines to be useful
323	323	37 to the general assembly relating to the administration of this
324	324	38 chapter.
325	325	39 Sec. 19. All fees and penalties collected in accordance with this
326	326	40 chapter must be used by the department for the administration and
327	327	41 enforcement of this chapter.
328	328	42 Sec. 20. (a) In addition to other appropriate penalties under this
329	329	2024 IN 227—LS 6741/DI 116 8
330	330	1 chapter, any violation of the provisions of this chapter constitutes
331	331	2 a deceptive act or practice in accordance with IC 24-5-0.5.
332	332	3 (b) The attorney general may investigate an act or practice
333	333	4 described in subsection (a) and take appropriate action under
334	334	5 IC 24-5-0.5-4.
335	335	6 Sec. 21. (a) Any nonresident or foreign manufacturer that has
336	336	7 not registered to do business in Indiana as a foreign corporation or
337	337	8 business entity shall, as a condition of having its alternative
338	338	9 nicotine products or vapor products listed or retained in the
339	339	10 directory described in section 11 of this chapter, appoint and
340	340	11 continually engage without interruption the services of an agent in
341	341	12 the United States to act as agent for the service of process upon
342	342	13 whom all process, and any action or proceeding against it
343	343	14 concerning or arising out of the enforcement of this section, may be
344	344	15 served in any manner authorized by law. Service under this section
345	345	16 constitutes legal and valid service of process on the manufacturer.
346	346	17 The manufacturer shall provide the name, address, telephone
347	347	18 number, and proof of the appointment and availability of the agent
348	348	19 to, and to the satisfaction of, the department.
349	349	20 (b) The manufacturer shall provide notice to the department, in
350	350	21 a manner prescribed by the department, not later than thirty (30)
351	351	22 days before termination of the authority of an agent and shall
352	352	23 further provide proof to the department, in a manner prescribed
353	353	24 by the department, of the appointment of a new agent not less than
354	354	25 five (5) calendar days before the termination of an existing agent
355	355	26 appointment. In the event an agent terminates an appointment, the
356	356	27 manufacturer shall notify the department, in a manner prescribed
357	357	28 by the department, of the termination within five (5) calendar days
358	358	29 and shall include proof to the department, in a manner prescribed
359	359	30 by the department, of the appointment of a new agent.
360	360	31 (c) Any manufacturer whose alternative nicotine products or
361	361	32 vapor products are sold in Indiana and who has not appointed and
362	362	33 engaged an agent as required by this section is considered to have
363	363	34 appointed the secretary of state as the agent and may be proceeded
364	364	35 against in courts of Indiana by service of process upon the
365	365	36 secretary of state. However, appointment of the secretary of state
366	366	37 as the agent shall not satisfy the condition of having the alternative
367	367	38 nicotine products or vapor products of the manufacturer included
368	368	39 or retained in the directory described in section 11 of this chapter.
369	369	40 SECTION 3. IC 24-5-0.5-3, AS AMENDED BY P.L.34-2022,
370	370	41 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
371	371	42 JULY 1, 2024]: Sec. 3. (a) A supplier may not commit an unfair,
372	372	2024 IN 227—LS 6741/DI 116 9
373	373	1 abusive, or deceptive act, omission, or practice in connection with a
374	374	2 consumer transaction. Such an act, omission, or practice by a supplier
375	375	3 is a violation of this chapter whether it occurs before, during, or after
376	376	4 the transaction. An act, omission, or practice prohibited by this section
377	377	5 includes both implicit and explicit misrepresentations.
378	378	6 (b) Without limiting the scope of subsection (a), the following acts,
379	379	7 and the following representations as to the subject matter of a
380	380	8 consumer transaction, made orally, in writing, or by electronic
381	381	9 communication, by a supplier, are deceptive acts:
382	382	10 (1) That such subject of a consumer transaction has sponsorship,
383	383	11 approval, performance, characteristics, accessories, uses, or
384	384	12 benefits it does not have which the supplier knows or should
385	385	13 reasonably know it does not have.
386	386	14 (2) That such subject of a consumer transaction is of a particular
387	387	15 standard, quality, grade, style, or model, if it is not and if the
388	388	16 supplier knows or should reasonably know that it is not.
389	389	17 (3) That such subject of a consumer transaction is new or unused,
390	390	18 if it is not and if the supplier knows or should reasonably know
391	391	19 that it is not.
392	392	20 (4) That such subject of a consumer transaction will be supplied
393	393	21 to the public in greater quantity than the supplier intends or
394	394	22 reasonably expects.
395	395	23 (5) That replacement or repair constituting the subject of a
396	396	24 consumer transaction is needed, if it is not and if the supplier
397	397	25 knows or should reasonably know that it is not.
398	398	26 (6) That a specific price advantage exists as to such subject of a
399	399	27 consumer transaction, if it does not and if the supplier knows or
400	400	28 should reasonably know that it does not.
401	401	29 (7) That the supplier has a sponsorship, approval, or affiliation in
402	402	30 such consumer transaction the supplier does not have, and which
403	403	31 the supplier knows or should reasonably know that the supplier
404	404	32 does not have.
405	405	33 (8) That such consumer transaction involves or does not involve
406	406	34 a warranty, a disclaimer of warranties, or other rights, remedies,
407	407	35 or obligations, if the representation is false and if the supplier
408	408	36 knows or should reasonably know that the representation is false.
409	409	37 (9) That the consumer will receive a rebate, discount, or other
410	410	38 benefit as an inducement for entering into a sale or lease in return
411	411	39 for giving the supplier the names of prospective consumers or
412	412	40 otherwise helping the supplier to enter into other consumer
413	413	41 transactions, if earning the benefit, rebate, or discount is
414	414	42 contingent upon the occurrence of an event subsequent to the time
415	415	2024 IN 227—LS 6741/DI 116 10
416	416	1 the consumer agrees to the purchase or lease.
417	417	2 (10) That the supplier is able to deliver or complete the subject of
418	418	3 the consumer transaction within a stated period of time, when the
419	419	4 supplier knows or should reasonably know the supplier could not.
420	420	5 If no time period has been stated by the supplier, there is a
421	421	6 presumption that the supplier has represented that the supplier
422	422	7 will deliver or complete the subject of the consumer transaction
423	423	8 within a reasonable time, according to the course of dealing or the
424	424	9 usage of the trade.
425	425	10 (11) That the consumer will be able to purchase the subject of the
426	426	11 consumer transaction as advertised by the supplier, if the supplier
427	427	12 does not intend to sell it.
428	428	13 (12) That the replacement or repair constituting the subject of a
429	429	14 consumer transaction can be made by the supplier for the estimate
430	430	15 the supplier gives a customer for the replacement or repair, if the
431	431	16 specified work is completed and:
432	432	17 (A) the cost exceeds the estimate by an amount equal to or
433	433	18 greater than ten percent (10%) of the estimate;
434	434	19 (B) the supplier did not obtain written permission from the
435	435	20 customer to authorize the supplier to complete the work even
436	436	21 if the cost would exceed the amounts specified in clause (A);
437	437	22 (C) the total cost for services and parts for a single transaction
438	438	23 is more than seven hundred fifty dollars ($750); and
439	439	24 (D) the supplier knew or reasonably should have known that
440	440	25 the cost would exceed the estimate in the amounts specified in
441	441	26 clause (A).
442	442	27 (13) That the replacement or repair constituting the subject of a
443	443	28 consumer transaction is needed, and that the supplier disposes of
444	444	29 the part repaired or replaced earlier than seventy-two (72) hours
445	445	30 after both:
446	446	31 (A) the customer has been notified that the work has been
447	447	32 completed; and
448	448	33 (B) the part repaired or replaced has been made available for
449	449	34 examination upon the request of the customer.
450	450	35 (14) Engaging in the replacement or repair of the subject of a
451	451	36 consumer transaction if the consumer has not authorized the
452	452	37 replacement or repair, and if the supplier knows or should
453	453	38 reasonably know that it is not authorized.
454	454	39 (15) The act of misrepresenting the geographic location of the
455	455	40 supplier by listing an alternate business name or an assumed
456	456	41 business name (as described in IC 23-0.5-3-4) in a local telephone
457	457	42 directory if:
458	458	2024 IN 227—LS 6741/DI 116 11
459	459	1 (A) the name misrepresents the supplier's geographic location;
460	460	2 (B) the listing fails to identify the locality and state of the
461	461	3 supplier's business;
462	462	4 (C) calls to the local telephone number are routinely forwarded
463	463	5 or otherwise transferred to a supplier's business location that
464	464	6 is outside the calling area covered by the local telephone
465	465	7 directory; and
466	466	8 (D) the supplier's business location is located in a county that
467	467	9 is not contiguous to a county in the calling area covered by the
468	468	10 local telephone directory.
469	469	11 (16) The act of listing an alternate business name or assumed
470	470	12 business name (as described in IC 23-0.5-3-4) in a directory
471	471	13 assistance data base if:
472	472	14 (A) the name misrepresents the supplier's geographic location;
473	473	15 (B) calls to the local telephone number are routinely forwarded
474	474	16 or otherwise transferred to a supplier's business location that
475	475	17 is outside the local calling area; and
476	476	18 (C) the supplier's business location is located in a county that
477	477	19 is not contiguous to a county in the local calling area.
478	478	20 (17) The violation by a supplier of IC 24-3-4 concerning
479	479	21 cigarettes for import or export.
480	480	22 (18) The act of a supplier in knowingly selling or reselling a
481	481	23 product to a consumer if the product has been recalled, whether
482	482	24 by the order of a court or a regulatory body, or voluntarily by the
483	483	25 manufacturer, distributor, or retailer, unless the product has been
484	484	26 repaired or modified to correct the defect that was the subject of
485	485	27 the recall.
486	486	28 (19) The violation by a supplier of 47 U.S.C. 227, including any
487	487	29 rules or regulations issued under 47 U.S.C. 227.
488	488	30 (20) The violation by a supplier of the federal Fair Debt
489	489	31 Collection Practices Act (15 U.S.C. 1692 et seq.), including any
490	490	32 rules or regulations issued under the federal Fair Debt Collection
491	491	33 Practices Act (15 U.S.C. 1692 et seq.).
492	492	34 (21) A violation of IC 24-5-7 (concerning health spa services), as
493	493	35 set forth in IC 24-5-7-17.
494	494	36 (22) A violation of IC 24-5-8 (concerning business opportunity
495	495	37 transactions), as set forth in IC 24-5-8-20.
496	496	38 (23) A violation of IC 24-5-10 (concerning home consumer
497	497	39 transactions), as set forth in IC 24-5-10-18.
498	498	40 (24) A violation of IC 24-5-11 (concerning real property
499	499	41 improvement contracts), as set forth in IC 24-5-11-14.
500	500	42 (25) A violation of IC 24-5-12 (concerning telephone
501	501	2024 IN 227—LS 6741/DI 116 12
502	502	1 solicitations), as set forth in IC 24-5-12-23.
503	503	2 (26) A violation of IC 24-5-13.5 (concerning buyback motor
504	504	3 vehicles), as set forth in IC 24-5-13.5-14.
505	505	4 (27) A violation of IC 24-5-14 (concerning automatic
506	506	5 dialing-announcing devices), as set forth in IC 24-5-14-13.
507	507	6 (28) A violation of IC 24-5-15 (concerning credit services
508	508	7 organizations), as set forth in IC 24-5-15-11.
509	509	8 (29) A violation of IC 24-5-16 (concerning unlawful motor
510	510	9 vehicle subleasing), as set forth in IC 24-5-16-18.
511	511	10 (30) A violation of IC 24-5-17 (concerning environmental
512	512	11 marketing claims), as set forth in IC 24-5-17-14.
513	513	12 (31) A violation of IC 24-5-19 (concerning deceptive commercial
514	514	13 solicitation), as set forth in IC 24-5-19-11.
515	515	14 (32) A violation of IC 24-5-21 (concerning prescription drug
516	516	15 discount cards), as set forth in IC 24-5-21-7.
517	517	16 (33) A violation of IC 24-5-23.5-7 (concerning real estate
518	518	17 appraisals), as set forth in IC 24-5-23.5-9.
519	519	18 (34) A violation of IC 24-5-26 (concerning identity theft), as set
520	520	19 forth in IC 24-5-26-3.
521	521	20 (35) A violation of IC 24-5.5 (concerning mortgage rescue fraud),
522	522	21 as set forth in IC 24-5.5-6-1.
523	523	22 (36) A violation of IC 24-8 (concerning promotional gifts and
524	524	23 contests), as set forth in IC 24-8-6-3.
525	525	24 (37) A violation of IC 21-18.5-6 (concerning representations
526	526	25 made by a postsecondary credit bearing proprietary educational
527	527	26 institution), as set forth in IC 21-18.5-6-22.5.
528	528	27 (38) A violation of IC 24-5-15.5 (concerning collection actions of
529	529	28 a plaintiff debt buyer), as set forth in IC 24-5-15.5-6.
530	530	29 (39) A violation of IC 24-14 (concerning towing services), as set
531	531	30 forth in IC 24-14-10-1.
532	532	31 (40) A violation of IC 24-5-14.5 (concerning misleading or
533	533	32 inaccurate caller identification information), as set forth in
534	534	33 IC 24-5-14.5-12.
535	535	34 (41) A violation of IC 24-5-27 (concerning intrastate inmate
536	536	35 calling services), as set forth in IC 24-5-27-27.
537	537	36 (42) A violation of IC 7.1-3.5-1 (concerning an alternative
538	538	37 nicotine product or vapor product), as set forth in
539	539	38 IC 7.1-3.5-1-20.
540	540	39 (c) Any representations on or within a product or its packaging or
541	541	40 in advertising or promotional materials which would constitute a
542	542	41 deceptive act shall be the deceptive act both of the supplier who places
543	543	42 such representation thereon or therein, or who authored such materials,
544	544	2024 IN 227—LS 6741/DI 116 13
545	545	1 and such other suppliers who shall state orally or in writing that such
546	546	2 representation is true if such other supplier shall know or have reason
547	547	3 to know that such representation was false.
548	548	4 (d) If a supplier shows by a preponderance of the evidence that an
549	549	5 act resulted from a bona fide error notwithstanding the maintenance of
550	550	6 procedures reasonably adopted to avoid the error, such act shall not be
551	551	7 deceptive within the meaning of this chapter.
552	552	8 (e) It shall be a defense to any action brought under this chapter that
553	553	9 the representation constituting an alleged deceptive act was one made
554	554	10 in good faith by the supplier without knowledge of its falsity and in
555	555	11 reliance upon the oral or written representations of the manufacturer,
556	556	12 the person from whom the supplier acquired the product, any testing
557	557	13 organization, or any other person provided that the source thereof is
558	558	14 disclosed to the consumer.
559	559	15 (f) For purposes of subsection (b)(12), a supplier that provides
560	560	16 estimates before performing repair or replacement work for a customer
561	561	17 shall give the customer a written estimate itemizing as closely as
562	562	18 possible the price for labor and parts necessary for the specific job
563	563	19 before commencing the work.
564	564	20 (g) For purposes of subsection (b)(15) and (b)(16), a telephone
565	565	21 company or other provider of a telephone directory or directory
566	566	22 assistance service or its officer or agent is immune from liability for
567	567	23 publishing the listing of an alternate business name or assumed
568	568	24 business name of a supplier in its directory or directory assistance data
569	569	25 base unless the telephone company or other provider of a telephone
570	570	26 directory or directory assistance service is the same person as the
571	571	27 supplier who has committed the deceptive act.
572	572	28 (h) For purposes of subsection (b)(18), it is an affirmative defense
573	573	29 to any action brought under this chapter that the product has been
574	574	30 altered by a person other than the defendant to render the product
575	575	31 completely incapable of serving its original purpose.
576	576	2024 IN 227—LS 6741/DI 116