Introduced Version
HOUSE BILL No. 1410
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 7.1-2-3-33; IC 7.1-3-18.5; IC 35-31.5-2;
IC 35-46-1-12.5.
Synopsis: Ban on sale of flavored tobacco and e-liquids. Prohibits the
sale of flavored tobacco products and their components, including: (1)
cigarettes, electronic cigarettes, and smokeless tobacco; and (2)
tobacco products that have a characterizing flavor. Provides that a
person or entity that sells a flavored tobacco product commits a Class
C misdemeanor and may have the person's or entity's tobacco sales
certificate revoked by the alcohol and tobacco commission.
Effective: July 1, 2025.
Jackson C
January 13, 2025, read first time and referred to Committee on Public Policy.
2025 IN 1410—LS 6559/DI 107 Introduced
First Regular Session of the 124th General Assembly (2025)
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.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
HOUSE BILL No. 1410
A BILL FOR AN ACT to amend the Indiana Code concerning
alcohol and tobacco.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 7.1-2-3-33, AS AMENDED BY P.L.49-2020,
2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 33. The commission is authorized to:
4 (1) investigate a violation of; and
5 (2) enforce a penalty for a violation of;
6 IC 35-46-1-10, IC 35-46-1-10.2, IC 35-46-1-11, IC 35-46-1-11.2,
7 IC 35-46-1-11.4, IC 35-46-1-11.5, IC 35-46-1-11.7, or IC 35-46-1-11.8,
8 or IC 35-46-1-12.5.
9 SECTION 2. IC 7.1-3-18.5-5, AS AMENDED BY P.L.49-2020,
10 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2025]: Sec. 5. (a) Subject to subsection (b), the commission
12 may suspend the certificate of a person who fails to pay a civil penalty
13 imposed for violating IC 35-46-1-10, IC 35-46-1-10.2, IC 35-46-1-11,
14 IC 35-46-1-11.2, IC 35-46-1-11.4, IC 35-46-1-11.5, IC 35-46-1-11.7,
15 or IC 35-46-1-11.8, or IC 35-46-1-12.5.
16 (b) Before enforcing the imposition of a civil penalty or suspending
17 or revoking a certificate under this chapter, the commission shall
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1 provide written notice of the alleged violation to the certificate holder
2 and conduct a hearing. The commission shall provide written notice of
3 the civil penalty or suspension or revocation of a certificate to the
4 certificate holder.
5 (c) Subject to subsection (b), the commission shall revoke the
6 certificate of a person upon a finding by a preponderance of the
7 evidence that the person:
8 (1) has violated IC 35-45-5-3, IC 35-45-5-3.5, IC 35-45-5-4,
9 IC 35-46-1-11, IC 35-46-1-11.2, IC 35-46-1-11.4, or
10 IC 35-46-1-11.8, or IC 35-46-1-12.5;
11 (2) has committed habitual illegal sale of tobacco as established
12 under IC 35-46-1-10.2(j); or
13 (3) has committed habitual illegal entrance by a minor as
14 established under IC 35-46-1-11.7(f).
15 SECTION 3. IC 7.1-3-18.5-6, AS AMENDED BY P.L.49-2020,
16 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17 JULY 1, 2025]: Sec. 6. (a) If a certificate has:
18 (1) expired; or
19 (2) been suspended;
20 the commission may not reinstate or renew the certificate until all civil
21 penalties imposed against the certificate holder for violating
22 IC 35-46-1-10, IC 35-46-1-10.2, IC 35-46-1-11, IC 35-46-1-11.2,
23 IC 35-46-1-11.4, IC 35-46-1-11.5, IC 35-46-1-11.7, or IC 35-46-1-11.8,
24 or IC 35-46-1-12.5 have been paid.
25 (b) The failure to pay a civil penalty described in subsection (a) is
26 a Class B infraction.
27 (c) If a certificate has been revoked, the commission may not
28 reinstate or renew the certificate for at least one hundred eighty (180)
29 days after the date of revocation. The commission may reinstate or
30 renew the certificate only upon a reasonable showing by the applicant
31 that the applicant shall:
32 (1) exercise due diligence in the sale of tobacco products or
33 electronic cigarettes on the applicant's premises where the
34 tobacco products or electronic cigarettes are sold or distributed;
35 and
36 (2) properly supervise and train the applicant's employees or
37 agents in the handling and sale of tobacco products or electronic
38 cigarettes.
39 If a certificate is reinstated or renewed, the applicant of the certificate
40 shall pay an application fee of one thousand dollars ($1,000).
41 (d) Notwithstanding IC 34-28-5-5(c), civil penalties collected under
42 this section must be deposited in the youth tobacco education and
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1 enforcement fund established under IC 7.1-6-2-6.
2 SECTION 4. IC 7.1-3-18.5-8, AS AMENDED BY P.L.49-2020,
3 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 JULY 1, 2025]: Sec. 8. The commission may mitigate civil penalties
5 imposed against a certificate holder for violating IC 35-46-1-10,
6 IC 35-46-1-10.2, IC 35-46-1-11, IC 35-46-1-11.2, IC 35-46-1-11.4,
7 IC 35-46-1-11.5, IC 35-46-1-11.7, IC 35-46-1-11.8, IC 35-46-1-12.5,
8 or any of the provisions of this chapter if a certificate holder provides
9 a training program for the certificate holder's employees that includes
10 at least the following topics:
11 (1) Laws governing the sale of tobacco products and electronic
12 cigarettes.
13 (2) Methods of recognizing and handling customers who are less
14 than twenty-one (21) years of age.
15 (3) Procedures for proper examination of identification cards to
16 verify that customers are under twenty-one (21) years of age.
17 SECTION 5. IC 35-31.5-2-36.5 IS ADDED TO THE INDIANA
18 CODE AS A NEW SECTION TO READ AS FOLLOWS
19 [EFFECTIVE JULY 1, 2025]: Sec. 36.5. "Characterizing flavor", for
20 purposes of IC 35-46-1-12.5, has the meaning set forth in
21 IC 35-46-1-12.5(a).
22 SECTION 6. IC 35-31.5-2-52.5 IS ADDED TO THE INDIANA
23 CODE AS A NEW SECTION TO READ AS FOLLOWS
24 [EFFECTIVE JULY 1, 2025]: Sec. 52.5. "Component part", for
25 purposes of IC 35-46-1-12.5, has the meaning set forth in
26 IC 35-46-1-12.5(b).
27 SECTION 7. IC 35-31.5-2-61.5 IS ADDED TO THE INDIANA
28 CODE AS A NEW SECTION TO READ AS FOLLOWS
29 [EFFECTIVE JULY 1, 2025]: Sec. 61.5. "Constituent", for purposes
30 of IC 35-46-1-12.5, has the meaning set forth in IC 35-46-1-12.5(c).
31 SECTION 8. IC 35-31.5-2-99.5 IS ADDED TO THE INDIANA
32 CODE AS A NEW SECTION TO READ AS FOLLOWS
33 [EFFECTIVE JULY 1, 2025]: Sec. 99.5. "Distinguishable", for
34 purposes of IC 35-46-1-12.5, has the meaning set forth in
35 IC 35-46-1-12.5(d).
36 SECTION 9. IC 35-31.5-2-136.5 IS ADDED TO THE INDIANA
37 CODE AS A NEW SECTION TO READ AS FOLLOWS
38 [EFFECTIVE JULY 1, 2025]: Sec. 136.5. "Flavored tobacco
39 product", for purposes of IC 35-46-1-12.5, has the meaning set
40 forth in IC 35-46-1-12.5(e).
41 SECTION 10. IC 35-31.5-2-306.5 IS ADDED TO THE INDIANA
42 CODE AS A NEW SECTION TO READ AS FOLLOWS
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1 [EFFECTIVE JULY 1, 2025]: Sec. 306.5. "Smoke constituent", for
2 purposes of IC 35-46-1-12.5, has the meaning set forth in
3 IC 35-46-1-12.5(f).
4 SECTION 11. IC 35-31.5-2-334.5 IS ADDED TO THE INDIANA
5 CODE AS A NEW SECTION TO READ AS FOLLOWS
6 [EFFECTIVE JULY 1, 2025]: Sec. 334.5. "Tobacco product", for
7 purposes of IC 35-46-1-12.5, has the meaning set forth in
8 IC 35-46-1-12.5(g).
9 SECTION 12. IC 35-46-1-12.5 IS ADDED TO THE INDIANA
10 CODE AS A NEW SECTION TO READ AS FOLLOWS
11 [EFFECTIVE JULY 1, 2025]: Sec. 12.5. (a) As used in this section,
12 "characterizing flavor" means a distinguishable taste or aroma:
13 (1) other than the taste or aroma of tobacco; and
14 (2) that is imparted or detectable before or during
15 consumption of a tobacco product or component part;
16 including a taste or aroma relating to any fruit, chocolate, vanilla,
17 honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint,
18 wintergreen, herb, or spice. The term does not include ingredients,
19 additives, or flavorings in a tobacco product that do not contribute
20 to the distinguishable taste or aroma of the tobacco product.
21 (b) As used in this section, "component part" means any
22 element of a tobacco product, including the tobacco, filter, and
23 paper. The term does not include any constituent.
24 (c) As used in this section, "constituent" means any ingredient,
25 substance, chemical, or compound, excluding tobacco, water, or
26 reconstituted tobacco sheet, that is added by the manufacturer to
27 a tobacco product during the processing, manufacturing, or
28 packaging of the tobacco product. The term includes a smoke
29 constituent.
30 (d) As used in this section, "distinguishable" means perceivable
31 by the sense of smell or taste.
32 (e) As used in this section, "flavored tobacco product" means
33 any tobacco product or component part that contains a constituent
34 that has or produces a characterizing flavor.
35 (f) As used in this section, "smoke constituent" means any
36 chemical or chemical compound in mainstream or sidestream
37 tobacco smoke:
38 (1) that transfers from any component part of the tobacco
39 product to the smoke; or
40 (2) that is formed by the combustion or heating of tobacco,
41 additives, or other component parts of the tobacco product.
42 (g) As used in this section, "tobacco product" means:
2025 IN 1410—LS 6559/DI 107 5
1 (1) any product containing, made from, or derived from
2 tobacco or nicotine that is intended for human consumption,
3 whether smoked, chewed, absorbed, dissolved, inhaled,
4 snorted, sniffed, or ingested by any other means, including:
5 (A) cigarettes, cigars, little cigars, chewing tobacco, pipe
6 tobacco, or snuff; or
7 (B) electronic cigarettes, electronic cigars, electronic pipes,
8 electronic hookah, or similar products, regardless of
9 nicotine content, that rely on vaporization or
10 aerosolization; and
11 (2) any component part of a tobacco product.
12 The term does not include any product that has been approved by
13 the federal Food and Drug Administration either as a tobacco use
14 cessation product or for other medical purposes and that is being
15 marketed and sold or prescribed solely for the approved purpose.
16 (h) A public statement, claim, or indicia made or disseminated
17 by:
18 (1) the manufacturer of a tobacco product; or
19 (2) any person authorized or permitted by the manufacturer
20 to make or disseminate public statements concerning a
21 tobacco product;
22 that a tobacco product has or produces a characterizing flavor
23 constitutes presumptive evidence that the tobacco product is a
24 flavored tobacco product.
25 (i) A person or entity may not:
26 (1) sell or distribute;
27 (2) cause to be sold or distributed; or
28 (3) offer for sale;
29 any flavored tobacco product to a consumer.
30 (j) A person or entity that violates this section commits a Class
31 C misdemeanor.
2025 IN 1410—LS 6559/DI 107