IN
Indiana House Bill HB1410

Indiana 2025 Regular Session

Indiana House Bill HB1410 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11
22 Introduced Version
33 HOUSE BILL No. 1410
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 7.1-2-3-33; IC 7.1-3-18.5; IC 35-31.5-2;
77 IC 35-46-1-12.5.
88 Synopsis: Ban on sale of flavored tobacco and e-liquids. Prohibits the
99 sale of flavored tobacco products and their components, including: (1)
1010 cigarettes, electronic cigarettes, and smokeless tobacco; and (2)
1111 tobacco products that have a characterizing flavor. Provides that a
1212 person or entity that sells a flavored tobacco product commits a Class
1313 C misdemeanor and may have the person's or entity's tobacco sales
1414 certificate revoked by the alcohol and tobacco commission.
1515 Effective: July 1, 2025.
1616 Jackson C
1717 January 13, 2025, read first time and referred to Committee on Public Policy.
1818 2025 IN 1410—LS 6559/DI 107 Introduced
1919 First Regular Session of the 124th General Assembly (2025)
2020 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
2121 Constitution) is being amended, the text of the existing provision will appear in this style type,
2222 additions will appear in this style type, and deletions will appear in this style type.
2323 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
2424 provision adopted), the text of the new provision will appear in this style type. Also, the
2525 word NEW will appear in that style type in the introductory clause of each SECTION that adds
2626 a new provision to the Indiana Code or the Indiana Constitution.
2727 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
2828 between statutes enacted by the 2024 Regular Session of the General Assembly.
2929 HOUSE BILL No. 1410
3030 A BILL FOR AN ACT to amend the Indiana Code concerning
3131 alcohol and tobacco.
3232 Be it enacted by the General Assembly of the State of Indiana:
3333 1 SECTION 1. IC 7.1-2-3-33, AS AMENDED BY P.L.49-2020,
3434 2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3535 3 JULY 1, 2025]: Sec. 33. The commission is authorized to:
3636 4 (1) investigate a violation of; and
3737 5 (2) enforce a penalty for a violation of;
3838 6 IC 35-46-1-10, IC 35-46-1-10.2, IC 35-46-1-11, IC 35-46-1-11.2,
3939 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,
4040 8 or IC 35-46-1-12.5.
4141 9 SECTION 2. IC 7.1-3-18.5-5, AS AMENDED BY P.L.49-2020,
4242 10 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4343 11 JULY 1, 2025]: Sec. 5. (a) Subject to subsection (b), the commission
4444 12 may suspend the certificate of a person who fails to pay a civil penalty
4545 13 imposed for violating IC 35-46-1-10, IC 35-46-1-10.2, IC 35-46-1-11,
4646 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,
4747 15 or IC 35-46-1-11.8, or IC 35-46-1-12.5.
4848 16 (b) Before enforcing the imposition of a civil penalty or suspending
4949 17 or revoking a certificate under this chapter, the commission shall
5050 2025 IN 1410—LS 6559/DI 107 2
5151 1 provide written notice of the alleged violation to the certificate holder
5252 2 and conduct a hearing. The commission shall provide written notice of
5353 3 the civil penalty or suspension or revocation of a certificate to the
5454 4 certificate holder.
5555 5 (c) Subject to subsection (b), the commission shall revoke the
5656 6 certificate of a person upon a finding by a preponderance of the
5757 7 evidence that the person:
5858 8 (1) has violated IC 35-45-5-3, IC 35-45-5-3.5, IC 35-45-5-4,
5959 9 IC 35-46-1-11, IC 35-46-1-11.2, IC 35-46-1-11.4, or
6060 10 IC 35-46-1-11.8, or IC 35-46-1-12.5;
6161 11 (2) has committed habitual illegal sale of tobacco as established
6262 12 under IC 35-46-1-10.2(j); or
6363 13 (3) has committed habitual illegal entrance by a minor as
6464 14 established under IC 35-46-1-11.7(f).
6565 15 SECTION 3. IC 7.1-3-18.5-6, AS AMENDED BY P.L.49-2020,
6666 16 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6767 17 JULY 1, 2025]: Sec. 6. (a) If a certificate has:
6868 18 (1) expired; or
6969 19 (2) been suspended;
7070 20 the commission may not reinstate or renew the certificate until all civil
7171 21 penalties imposed against the certificate holder for violating
7272 22 IC 35-46-1-10, IC 35-46-1-10.2, IC 35-46-1-11, IC 35-46-1-11.2,
7373 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,
7474 24 or IC 35-46-1-12.5 have been paid.
7575 25 (b) The failure to pay a civil penalty described in subsection (a) is
7676 26 a Class B infraction.
7777 27 (c) If a certificate has been revoked, the commission may not
7878 28 reinstate or renew the certificate for at least one hundred eighty (180)
7979 29 days after the date of revocation. The commission may reinstate or
8080 30 renew the certificate only upon a reasonable showing by the applicant
8181 31 that the applicant shall:
8282 32 (1) exercise due diligence in the sale of tobacco products or
8383 33 electronic cigarettes on the applicant's premises where the
8484 34 tobacco products or electronic cigarettes are sold or distributed;
8585 35 and
8686 36 (2) properly supervise and train the applicant's employees or
8787 37 agents in the handling and sale of tobacco products or electronic
8888 38 cigarettes.
8989 39 If a certificate is reinstated or renewed, the applicant of the certificate
9090 40 shall pay an application fee of one thousand dollars ($1,000).
9191 41 (d) Notwithstanding IC 34-28-5-5(c), civil penalties collected under
9292 42 this section must be deposited in the youth tobacco education and
9393 2025 IN 1410—LS 6559/DI 107 3
9494 1 enforcement fund established under IC 7.1-6-2-6.
9595 2 SECTION 4. IC 7.1-3-18.5-8, AS AMENDED BY P.L.49-2020,
9696 3 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9797 4 JULY 1, 2025]: Sec. 8. The commission may mitigate civil penalties
9898 5 imposed against a certificate holder for violating IC 35-46-1-10,
9999 6 IC 35-46-1-10.2, IC 35-46-1-11, IC 35-46-1-11.2, IC 35-46-1-11.4,
100100 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,
101101 8 or any of the provisions of this chapter if a certificate holder provides
102102 9 a training program for the certificate holder's employees that includes
103103 10 at least the following topics:
104104 11 (1) Laws governing the sale of tobacco products and electronic
105105 12 cigarettes.
106106 13 (2) Methods of recognizing and handling customers who are less
107107 14 than twenty-one (21) years of age.
108108 15 (3) Procedures for proper examination of identification cards to
109109 16 verify that customers are under twenty-one (21) years of age.
110110 17 SECTION 5. IC 35-31.5-2-36.5 IS ADDED TO THE INDIANA
111111 18 CODE AS A NEW SECTION TO READ AS FOLLOWS
112112 19 [EFFECTIVE JULY 1, 2025]: Sec. 36.5. "Characterizing flavor", for
113113 20 purposes of IC 35-46-1-12.5, has the meaning set forth in
114114 21 IC 35-46-1-12.5(a).
115115 22 SECTION 6. IC 35-31.5-2-52.5 IS ADDED TO THE INDIANA
116116 23 CODE AS A NEW SECTION TO READ AS FOLLOWS
117117 24 [EFFECTIVE JULY 1, 2025]: Sec. 52.5. "Component part", for
118118 25 purposes of IC 35-46-1-12.5, has the meaning set forth in
119119 26 IC 35-46-1-12.5(b).
120120 27 SECTION 7. IC 35-31.5-2-61.5 IS ADDED TO THE INDIANA
121121 28 CODE AS A NEW SECTION TO READ AS FOLLOWS
122122 29 [EFFECTIVE JULY 1, 2025]: Sec. 61.5. "Constituent", for purposes
123123 30 of IC 35-46-1-12.5, has the meaning set forth in IC 35-46-1-12.5(c).
124124 31 SECTION 8. IC 35-31.5-2-99.5 IS ADDED TO THE INDIANA
125125 32 CODE AS A NEW SECTION TO READ AS FOLLOWS
126126 33 [EFFECTIVE JULY 1, 2025]: Sec. 99.5. "Distinguishable", for
127127 34 purposes of IC 35-46-1-12.5, has the meaning set forth in
128128 35 IC 35-46-1-12.5(d).
129129 36 SECTION 9. IC 35-31.5-2-136.5 IS ADDED TO THE INDIANA
130130 37 CODE AS A NEW SECTION TO READ AS FOLLOWS
131131 38 [EFFECTIVE JULY 1, 2025]: Sec. 136.5. "Flavored tobacco
132132 39 product", for purposes of IC 35-46-1-12.5, has the meaning set
133133 40 forth in IC 35-46-1-12.5(e).
134134 41 SECTION 10. IC 35-31.5-2-306.5 IS ADDED TO THE INDIANA
135135 42 CODE AS A NEW SECTION TO READ AS FOLLOWS
136136 2025 IN 1410—LS 6559/DI 107 4
137137 1 [EFFECTIVE JULY 1, 2025]: Sec. 306.5. "Smoke constituent", for
138138 2 purposes of IC 35-46-1-12.5, has the meaning set forth in
139139 3 IC 35-46-1-12.5(f).
140140 4 SECTION 11. IC 35-31.5-2-334.5 IS ADDED TO THE INDIANA
141141 5 CODE AS A NEW SECTION TO READ AS FOLLOWS
142142 6 [EFFECTIVE JULY 1, 2025]: Sec. 334.5. "Tobacco product", for
143143 7 purposes of IC 35-46-1-12.5, has the meaning set forth in
144144 8 IC 35-46-1-12.5(g).
145145 9 SECTION 12. IC 35-46-1-12.5 IS ADDED TO THE INDIANA
146146 10 CODE AS A NEW SECTION TO READ AS FOLLOWS
147147 11 [EFFECTIVE JULY 1, 2025]: Sec. 12.5. (a) As used in this section,
148148 12 "characterizing flavor" means a distinguishable taste or aroma:
149149 13 (1) other than the taste or aroma of tobacco; and
150150 14 (2) that is imparted or detectable before or during
151151 15 consumption of a tobacco product or component part;
152152 16 including a taste or aroma relating to any fruit, chocolate, vanilla,
153153 17 honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint,
154154 18 wintergreen, herb, or spice. The term does not include ingredients,
155155 19 additives, or flavorings in a tobacco product that do not contribute
156156 20 to the distinguishable taste or aroma of the tobacco product.
157157 21 (b) As used in this section, "component part" means any
158158 22 element of a tobacco product, including the tobacco, filter, and
159159 23 paper. The term does not include any constituent.
160160 24 (c) As used in this section, "constituent" means any ingredient,
161161 25 substance, chemical, or compound, excluding tobacco, water, or
162162 26 reconstituted tobacco sheet, that is added by the manufacturer to
163163 27 a tobacco product during the processing, manufacturing, or
164164 28 packaging of the tobacco product. The term includes a smoke
165165 29 constituent.
166166 30 (d) As used in this section, "distinguishable" means perceivable
167167 31 by the sense of smell or taste.
168168 32 (e) As used in this section, "flavored tobacco product" means
169169 33 any tobacco product or component part that contains a constituent
170170 34 that has or produces a characterizing flavor.
171171 35 (f) As used in this section, "smoke constituent" means any
172172 36 chemical or chemical compound in mainstream or sidestream
173173 37 tobacco smoke:
174174 38 (1) that transfers from any component part of the tobacco
175175 39 product to the smoke; or
176176 40 (2) that is formed by the combustion or heating of tobacco,
177177 41 additives, or other component parts of the tobacco product.
178178 42 (g) As used in this section, "tobacco product" means:
179179 2025 IN 1410—LS 6559/DI 107 5
180180 1 (1) any product containing, made from, or derived from
181181 2 tobacco or nicotine that is intended for human consumption,
182182 3 whether smoked, chewed, absorbed, dissolved, inhaled,
183183 4 snorted, sniffed, or ingested by any other means, including:
184184 5 (A) cigarettes, cigars, little cigars, chewing tobacco, pipe
185185 6 tobacco, or snuff; or
186186 7 (B) electronic cigarettes, electronic cigars, electronic pipes,
187187 8 electronic hookah, or similar products, regardless of
188188 9 nicotine content, that rely on vaporization or
189189 10 aerosolization; and
190190 11 (2) any component part of a tobacco product.
191191 12 The term does not include any product that has been approved by
192192 13 the federal Food and Drug Administration either as a tobacco use
193193 14 cessation product or for other medical purposes and that is being
194194 15 marketed and sold or prescribed solely for the approved purpose.
195195 16 (h) A public statement, claim, or indicia made or disseminated
196196 17 by:
197197 18 (1) the manufacturer of a tobacco product; or
198198 19 (2) any person authorized or permitted by the manufacturer
199199 20 to make or disseminate public statements concerning a
200200 21 tobacco product;
201201 22 that a tobacco product has or produces a characterizing flavor
202202 23 constitutes presumptive evidence that the tobacco product is a
203203 24 flavored tobacco product.
204204 25 (i) A person or entity may not:
205205 26 (1) sell or distribute;
206206 27 (2) cause to be sold or distributed; or
207207 28 (3) offer for sale;
208208 29 any flavored tobacco product to a consumer.
209209 30 (j) A person or entity that violates this section commits a Class
210210 31 C misdemeanor.
211211 2025 IN 1410—LS 6559/DI 107