Indiana 2025 Regular Session

Indiana House Bill HB1516 Compare Versions

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

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1516
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 7.1-7; IC 35-31.5-2; IC 35-46-1.
7	7	Synopsis: Ban on vapor product sales to persons under 21. Prohibits
8	8	a person less than 21 years of age (underage person) from: (1)
9	9	purchasing or receiving a nicotine-free electronic cigarette; or (2)
10	10	purchasing or receiving an e-liquid vaporizer (vapor product).
11	11	Restricts: (1) the sales and distribution of vapor products to underage
12	12	persons; (2) the location of vending machines containing e-liquids,
13	13	nicotine-free electronic cigarettes, or vaporizers where underage
14	14	persons are present; and (3) use of self-service displays to sell
15	15	e-liquids, nicotine-free electronic cigarettes, or vaporizers. Includes
16	16	vaporizer and nicotine free electronic cigarette sales in the gross retail
17	17	sales amount that determines whether an underage person can enter the
18	18	retail establishment.
19	19	Effective: July 1, 2025.
20	20	Gore
21	21	January 21, 2025, read first time and referred to Committee on Public Policy.
22	22	2025 IN 1516—LS 7567/DI 87 Introduced
23	23	First Regular Session of the 124th General Assembly (2025)
24	24	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
25	25	Constitution) is being amended, the text of the existing provision will appear in this style type,
26	26	additions will appear in this style type, and deletions will appear in this style type.
27	27	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
28	28	provision adopted), the text of the new provision will appear in this style type. Also, the
29	29	word NEW will appear in that style type in the introductory clause of each SECTION that adds
30	30	a new provision to the Indiana Code or the Indiana Constitution.
31	31	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
32	32	between statutes enacted by the 2024 Regular Session of the General Assembly.
33	33	HOUSE BILL No. 1516
34	34	A BILL FOR AN ACT to amend the Indiana Code concerning
35	35	alcohol and tobacco.
36	36	Be it enacted by the General Assembly of the State of Indiana:
37	37	1 SECTION 1. IC 7.1-7-5.5-1, AS AMENDED BY P.L.49-2020,
38	38	2 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
39	39	3 JULY 1, 2025]: Sec. 1. A retailer may not make a delivery sale of
40	40	4 e-liquid or a vapor product to an individual who does not meet the
41	41	5 minimum age requirement as set forth in IC 7.1-7-6-5.
42	42	6 SECTION 2. IC 7.1-7-5.5-2, AS AMENDED BY P.L.49-2020,
43	43	7 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
44	44	8 JULY 1, 2025]: Sec. 2. A retailer may not ship an e-liquid or vapor
45	45	9 product without first making a good faith effort to verify the age of the
46	46	10 purchaser of the e-liquid or vapor product as set forth in IC 7.1-7-6-6.
47	47	11 SECTION 3. IC 7.1-7-5.5-3, AS AMENDED BY P.L.49-2020,
48	48	12 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
49	49	13 JULY 1, 2025]: Sec. 3. (a) Before an e-liquid or a vapor product is
50	50	14 shipped in a delivery sale, a retailer must be fully paid for the purchase
51	51	15 and shall accept payment from the purchaser:
52	52	16 (1) by a check drawn on an account in the purchaser's name;
53	53	17 (2) by a credit card issued in the purchaser's name; or
54	54	2025 IN 1516—LS 7567/DI 87 2
55	55	1 (3) by a debit card issued in the purchaser's name.
56	56	2 (b) A retailer may ship an e-liquid or vapor product only to a
57	57	3 purchaser.
58	58	4 SECTION 4. IC 7.1-7-5.5-5, AS AMENDED BY P.L.49-2020,
59	59	5 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
60	60	6 JULY 1, 2025]: Sec. 5. A retailer who ships an e-liquid or vapor
61	61	7 product from a delivery sale order shall include as part of the shipping
62	62	8 documents a document with the following statement: "E-LIQUIDS,
63	63	9 VAPOR PRODUCTS: Indiana law prohibits the sale of this product
64	64	10 these products to a person who is less than 21 years of age.".
65	65	11 SECTION 5. IC 7.1-7-6-6, AS AMENDED BY P.L.49-2020,
66	66	12 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
67	67	13 JULY 1, 2025]: Sec. 6. (a) As used in this section, "good faith effort to
68	68	14 verify the age of the purchaser of the e-liquid or vapor product"
69	69	15 means:
70	70	16 (1) verifying the age of the purchaser in a commercially available
71	71	17 database; or
72	72	18 (2) obtaining a photocopy of a government issued identification;
73	73	19 that indicates the birth date or age of the purchaser.
74	74	20 (b) A person who knowingly or intentionally ships an e-liquid or
75	75	21 vapor product without first making a good faith effort to verify the age
76	76	22 of the purchaser of the e-liquid or vapor product commits a Class C
77	77	23 infraction.
78	78	24 SECTION 6. IC 35-31.5-2-250.5 IS ADDED TO THE INDIANA
79	79	25 CODE AS A NEW SECTION TO READ AS FOLLOWS
80	80	26 [EFFECTIVE JULY 1, 2025]: Sec. 250.5. "Prohibited product", for
81	81	27 purposes of IC 35-46-1, has the meaning set forth in IC 35-46-1-1.6.
82	82	28 SECTION 7. IC 35-31.5-2-347.5 IS ADDED TO THE INDIANA
83	83	29 CODE AS A NEW SECTION TO READ AS FOLLOWS
84	84	30 [EFFECTIVE JULY 1, 2025]: Sec. 347.5. "Vapor product" has the
85	85	31 meaning set forth in IC 35-46-1-1.9.
86	86	32 SECTION 8. IC 35-46-1-1.5, AS ADDED BY P.L.20-2013,
87	87	33 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
88	88	34 JULY 1, 2025]: Sec. 1.5. As used in this chapter, "electronic cigarette"
89	89	35 means a device that is capable of providing an inhalable dose of
90	90	36 nicotine e-liquid by delivering a vaporized solution. The term includes
91	91	37 the components and cartridges.
92	92	38 SECTION 9. IC 35-46-1-1.6 IS ADDED TO THE INDIANA CODE
93	93	39 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
94	94	40 1, 2025]: Sec. 1.6. "Prohibited product" means any of the
95	95	41 following:
96	96	42 (1) Tobacco.
97	97	2025 IN 1516—LS 7567/DI 87 3
98	98	1 (2) E-liquid.
99	99	2 (3) Electronic cigarette.
100	100	3 (4) Vapor product.
101	101	4 SECTION 10. IC 35-46-1-1.9 IS ADDED TO THE INDIANA
102	102	5 CODE AS A NEW SECTION TO READ AS FOLLOWS
103	103	6 [EFFECTIVE JULY 1, 2025]: Sec. 1.9. "Vapor product" means a
104	104	7 powered vaporizer that converts e-liquid to a vapor intended for
105	105	8 inhalation.
106	106	9 SECTION 11. IC 35-46-1-10, AS AMENDED BY P.L.32-2021,
107	107	10 SECTION 97, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
108	108	11 JULY 1, 2025]: Sec. 10. (a) A person may not be charged with a
109	109	12 violation under this section and a violation under IC 7.1-7-6-5.
110	110	13 (b) A person who knowingly:
111	111	14 (1) sells or distributes tobacco, an e-liquid, or an electronic
112	112	15 cigarette a prohibited product to a person less than twenty-one
113	113	16 (21) years of age; or
114	114	17 (2) purchases tobacco, an e-liquid, or an electronic cigarette a
115	115	18 prohibited product for delivery to another person who is less
116	116	19 than twenty-one (21) years of age;
117	117	20 commits a Class C infraction. For a sale to take place under this
118	118	21 section, the buyer must pay the seller for the tobacco, e-liquid, or
119	119	22 electronic cigarette. prohibited product.
120	120	23 (c) It is not a defense that the person to whom the tobacco, e-liquid,
121	121	24 or electronic cigarette prohibited product was sold or distributed did
122	122	25 not smoke, chew, inhale, or otherwise consume the tobacco, e-liquid,
123	123	26 or electronic cigarette. prohibited product.
124	124	27 (d) The following defenses are available to a person accused of
125	125	28 selling or distributing tobacco, an e-liquid, or an electronic cigarette a
126	126	29 prohibited product to a person who is less than twenty-one (21) years
127	127	30 of age:
128	128	31 (1) The buyer or recipient produced a driver's license bearing the
129	129	32 purchaser's or recipient's photograph, showing that the purchaser
130	130	33 or recipient was of legal age to make the purchase.
131	131	34 (2) The buyer or recipient produced a photographic identification
132	132	35 card issued under IC 9-24-16-1, or a similar card issued under the
133	133	36 laws of another state or the federal government, showing that the
134	134	37 purchaser or recipient was of legal age to make the purchase.
135	135	38 (3) The appearance of the purchaser or recipient was such that an
136	136	39 ordinary prudent person would believe that the purchaser or
137	137	40 recipient was not less than thirty (30) years of age.
138	138	41 (e) It is a defense that the accused person sold or delivered the
139	139	42 tobacco, e-liquid, or electronic cigarette prohibited product to a
140	140	2025 IN 1516—LS 7567/DI 87 4
141	141	1 person who acted in the ordinary course of employment or a business
142	142	2 concerning tobacco, an e-liquid, or electronic cigarettes prohibited
143	143	3 products including the following activities:
144	144	4 (1) Agriculture.
145	145	5 (2) Processing.
146	146	6 (3) Transporting.
147	147	7 (4) Wholesaling.
148	148	8 (5) Retailing.
149	149	9 (f) As used in this section, "distribute" means to give tobacco, an
150	150	10 e-liquid, or an electronic cigarette a prohibited product to another
151	151	11 person as a means of promoting, advertising, or marketing the tobacco,
152	152	12 e-liquid, or electronic cigarette prohibited product to the general
153	153	13 public.
154	154	14 (g) Unless the person buys or receives tobacco, an e-liquid, or an
155	155	15 electronic cigarette a prohibited product under the direction of a law
156	156	16 enforcement officer as part of an enforcement action, a person who
157	157	17 sells or distributes tobacco, an e-liquid, or an electronic cigarette a
158	158	18 prohibited product is not liable for a violation of this section unless
159	159	19 the person less than twenty-one (21) years of age who bought or
160	160	20 received the tobacco, e-liquid, or electronic cigarette prohibited
161	161	21 product is issued a citation or summons under section 10.5 of this
162	162	22 chapter.
163	163	23 (h) Notwithstanding IC 34-28-5-5(c), civil penalties collected under
164	164	24 this section must be deposited in the Richard D. Doyle youth tobacco
165	165	25 education and enforcement fund (IC 7.1-6-2-6).
166	166	26 SECTION 12. IC 35-46-1-10.2, AS AMENDED BY P.L.32-2021,
167	167	27 SECTION 98, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
168	168	28 JULY 1, 2025]: Sec. 10.2. (a) A person may not be charged with a
169	169	29 violation under this section and a violation under IC 7.1-7-6-5.
170	170	30 (b) A retail establishment that sells or distributes tobacco, an
171	171	31 e-liquid, or an electronic cigarette a prohibited product to a person
172	172	32 less than twenty-one (21) years of age commits a Class C infraction.
173	173	33 For a sale to take place under this section, the buyer must pay the retail
174	174	34 establishment for the tobacco, e-liquid, or electronic cigarette.
175	175	35 prohibited product.
176	176	36 (c) Notwithstanding IC 34-28-5-4(c), a civil judgment for an
177	177	37 infraction committed under this section must be imposed as follows:
178	178	38 (1) If the retail establishment at that specific business location has
179	179	39 not been issued a citation or summons for a violation of this
180	180	40 section in the previous one (1) year, a civil penalty of up to four
181	181	41 hundred dollars ($400).
182	182	42 (2) If the retail establishment at that specific business location has
183	183	2025 IN 1516—LS 7567/DI 87 5
184	184	1 had one (1) citation or summons issued for a violation of this
185	185	2 section in the previous one (1) year, a civil penalty of up to eight
186	186	3 hundred dollars ($800).
187	187	4 (3) If the retail establishment at that specific business location has
188	188	5 had two (2) citations or summonses issued for a violation of this
189	189	6 section in the previous one (1) year, a civil penalty of up to one
190	190	7 thousand four hundred dollars ($1,400).
191	191	8 (4) If the retail establishment at that specific business location has
192	192	9 had three (3) or more citations or summonses issued for a
193	193	10 violation of this section in the previous one (1) year, a civil
194	194	11 penalty of up to two thousand dollars ($2,000).
195	195	12 A retail establishment may not be issued a citation or summons for a
196	196	13 violation of this section more than once every twenty-four (24) hours
197	197	14 for each specific business location.
198	198	15 (d) It is not a defense that the person to whom the tobacco, e-liquid,
199	199	16 or electronic cigarette prohibited product was sold or distributed did
200	200	17 not smoke, chew, inhale, or otherwise consume the tobacco, e-liquid,
201	201	18 or electronic cigarette. prohibited product.
202	202	19 (e) The following defenses are available to a retail establishment
203	203	20 accused of selling or distributing tobacco, an e-liquid, or an electronic
204	204	21 cigarette a prohibited product to a person who is less than twenty-one
205	205	22 (21) years of age:
206	206	23 (1) The buyer or recipient produced a driver's license bearing the
207	207	24 purchaser's or recipient's photograph showing that the purchaser
208	208	25 or recipient was of legal age to make the purchase.
209	209	26 (2) The buyer or recipient produced a photographic identification
210	210	27 card issued under IC 9-24-16-1 or a similar card issued under the
211	211	28 laws of another state or the federal government showing that the
212	212	29 purchaser or recipient was of legal age to make the purchase.
213	213	30 (3) The appearance of the purchaser or recipient was such that an
214	214	31 ordinary prudent person would believe that the purchaser or
215	215	32 recipient was not less than thirty (30) years of age.
216	216	33 (f) It is a defense that the accused retail establishment sold or
217	217	34 delivered the tobacco, e-liquid, or electronic cigarette prohibited
218	218	35 product to a person who acted in the ordinary course of employment
219	219	36 or a business concerning tobacco, an e-liquid, or electronic cigarettes
220	220	37 prohibited products for the following activities:
221	221	38 (1) Agriculture.
222	222	39 (2) Processing.
223	223	40 (3) Transporting.
224	224	41 (4) Wholesaling.
225	225	42 (5) Retailing.
226	226	2025 IN 1516—LS 7567/DI 87 6
227	227	1 (g) As used in this section, "distribute" means to give tobacco, an
228	228	2 e-liquid, or an electronic cigarette a prohibited product to another
229	229	3 person as a means of promoting, advertising, or marketing the tobacco
230	230	4 or electronic cigarette prohibited product to the general public.
231	231	5 (h) Unless a person buys or receives tobacco, an e-liquid, or an
232	232	6 electronic cigarette a prohibited product under the direction of a law
233	233	7 enforcement officer as part of an enforcement action, a retail
234	234	8 establishment that sells or distributes tobacco, an e-liquid, or an
235	235	9 electronic cigarette a prohibited product is not liable for a violation
236	236	10 of this section unless the person less than twenty-one (21) years of age
237	237	11 who bought or received the tobacco, e-liquid, or electronic cigarette
238	238	12 prohibited product is issued a citation or summons under section 10.5
239	239	13 of this chapter.
240	240	14 (i) Notwithstanding IC 34-28-5-5(c), civil penalties collected under
241	241	15 this section must be deposited in the Richard D. Doyle youth tobacco
242	242	16 education and enforcement fund (IC 7.1-6-2-6).
243	243	17 (j) A person who violates subsection (b) at least six (6) times in any
244	244	18 one (1) year commits habitual illegal sale of tobacco, a prohibited
245	245	19 product, a Class B infraction.
246	246	20 SECTION 13. IC 35-46-1-10.5, AS AMENDED BY P.L.49-2020,
247	247	21 SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
248	248	22 JULY 1, 2025]: Sec. 10.5. (a) A person less than twenty-one (21) years
249	249	23 of age who:
250	250	24 (1) purchases tobacco, an e-liquid, or an electronic cigarette; a
251	251	25 prohibited product;
252	252	26 (2) accepts tobacco, an e-liquid, or an electronic cigarette a
253	253	27 prohibited product for personal use; or
254	254	28 (3) possesses tobacco, an e-liquid, or an electronic cigarette a
255	255	29 prohibited product on the person's person;
256	256	30 commits a Class C infraction.
257	257	31 (b) It is a defense under subsection (a) that the accused person acted
258	258	32 in the ordinary course of employment in a business concerning tobacco,
259	259	33 an e-liquid, or an electronic cigarette prohibited products for the
260	260	34 following activities:
261	261	35 (1) Agriculture.
262	262	36 (2) Processing.
263	263	37 (3) Transporting.
264	264	38 (4) Wholesaling.
265	265	39 (5) Retailing.
266	266	40 SECTION 14. IC 35-46-1-11, AS AMENDED BY P.L.56-2023,
267	267	41 SECTION 323, IS AMENDED TO READ AS FOLLOWS
268	268	42 [EFFECTIVE JULY 1, 2025]: Sec. 11. (a) A tobacco or electronic
269	269	2025 IN 1516—LS 7567/DI 87 7
270	270	1 cigarette vending machine containing a prohibited product that is
271	271	2 located in a public place must bear the following conspicuous notices:
272	272	3 (1) A notice:
273	273	4 (A) that reads as follows, with the capitalization indicated: "If
274	274	5 you are under 21 years of age, YOU ARE FORBIDDEN by
275	275	6 Indiana law to buy tobacco, e-liquids, vaporizers, or
276	276	7 electronic cigarettes from this machine."; or
277	277	8 (B) that:
278	278	9 (i) conveys a message substantially similar to the message
279	279	10 described in clause (A); and
280	280	11 (ii) is formatted with words and in a form authorized under
281	281	12 the rules adopted by the alcohol and tobacco commission.
282	282	13 (2) A notice that reads as follows, "Smoking by Pregnant Women
283	283	14 May Result in Fetal Injury, Premature Birth, and Low Birth
284	284	15 Weight.".
285	285	16 (3) A notice printed in letters and numbers at least one-half (1/2)
286	286	17 inch high that displays a toll free phone number for assistance to
287	287	18 callers in quitting smoking, as determined by the Indiana
288	288	19 department of health.
289	289	20 (b) A person who owns or has control over a tobacco or electronic
290	290	21 cigarette vending machine containing a prohibited product in a
291	291	22 public place and who:
292	292	23 (1) fails to post a notice required by subsection (a) on the vending
293	293	24 machine; or
294	294	25 (2) fails to replace a notice within one (1) month after it is
295	295	26 removed or defaced;
296	296	27 commits a Class C infraction.
297	297	28 (c) An establishment selling tobacco or electronic cigarettes
298	298	29 prohibited products at retail shall post and maintain in a conspicuous
299	299	30 place, at the point of sale, the following:
300	300	31 (1) Signs printed in letters at least one-half (1/2) inch high,
301	301	32 reading as follows:
302	302	33 (A) "The sale of tobacco, or electronic cigarettes, e-liquids, or
303	303	34 vaporizers to persons under 21 years of age is forbidden by
304	304	35 Indiana law.".
305	305	36 (B) "Smoking by Pregnant Women May Result in Fetal Injury,
306	306	37 Premature Birth, and Low Birth Weight.".
307	307	38 (2) A sign printed in letters and numbers at least one-half (1/2)
308	308	39 inch high that displays a toll free phone number for assistance to
309	309	40 callers in quitting smoking, as determined by the Indiana
310	310	41 department of health.
311	311	42 (d) A person who:
312	312	2025 IN 1516—LS 7567/DI 87 8
313	313	1 (1) owns or has control over an establishment selling tobacco or
314	314	2 electronic cigarettes prohibited products at retail; and
315	315	3 (2) fails to post and maintain the sign required by subsection (c);
316	316	4 commits a Class C infraction.
317	317	5 SECTION 15. IC 35-46-1-11.5, AS AMENDED BY P.L.49-2020,
318	318	6 SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
319	319	7 JULY 1, 2025]: Sec. 11.5. (a) Except for a coin machine that is placed
320	320	8 in or directly adjacent to an entranceway or an exit, or placed in a
321	321	9 hallway, a restroom, or another common area that is accessible to
322	322	10 persons who are less than twenty-one (21) years of age, this section
323	323	11 does not apply to a coin machine that is located in the following:
324	324	12 (1) That part of a licensed premises (as defined in IC 7.1-1-3-20)
325	325	13 where entry is limited to persons who are at least twenty-one (21)
326	326	14 years of age.
327	327	15 (2) Private industrial or office locations that are customarily
328	328	16 accessible only to persons who are at least twenty-one (21) years
329	329	17 of age.
330	330	18 (3) Private clubs if the membership is limited to persons who are
331	331	19 at least twenty-one (21) years of age.
332	332	20 (4) Riverboats where entry is limited to persons who are at least
333	333	21 twenty-one (21) years of age and on which lawful gambling is
334	334	22 authorized.
335	335	23 (b) As used in this section, "coin machine" has the meaning set forth
336	336	24 in IC 35-43-5-1.
337	337	25 (c) Except as provided in subsection (a), an owner of a retail
338	338	26 establishment may not:
339	339	27 (1) distribute or sell tobacco or electronic cigarettes prohibited
340	340	28 products by use of a coin machine; or
341	341	29 (2) install or maintain a coin machine that is intended to be used
342	342	30 for the sale or distribution of tobacco or electronic cigarettes.
343	343	31 prohibited products.
344	344	32 (d) An owner of a retail establishment who violates this section
345	345	33 commits a Class C infraction. A citation or summons issued under this
346	346	34 section must provide notice that the coin machine must be moved
347	347	35 within two (2) business days. Notwithstanding IC 34-28-5-4(c), a civil
348	348	36 judgment for an infraction committed under this section must be
349	349	37 imposed as follows:
350	350	38 (1) If the owner of the retail establishment has not been issued a
351	351	39 citation or summons for a violation of this section in the previous
352	352	40 ninety (90) days, a civil penalty of fifty dollars ($50).
353	353	41 (2) If the owner of the retail establishment has had one (1) citation
354	354	42 or summons issued for a violation of this section in the previous
355	355	2025 IN 1516—LS 7567/DI 87 9
356	356	1 ninety (90) days, a civil penalty of two hundred fifty dollars
357	357	2 ($250).
358	358	3 (3) If the owner of the retail establishment has had two (2)
359	359	4 citations or summonses issued for a violation of this section in the
360	360	5 previous ninety (90) days for the same machine, the coin machine
361	361	6 shall be removed or impounded by a law enforcement officer
362	362	7 having jurisdiction where the violation occurs.
363	363	8 An owner of a retail establishment may not be issued a citation or
364	364	9 summons for a violation of this section more than once every two (2)
365	365	10 business days for each business location.
366	366	11 (e) Notwithstanding IC 34-28-5-5(c), civil penalties collected under
367	367	12 this section must be deposited in the Richard D. Doyle youth tobacco
368	368	13 education and enforcement fund established under IC 7.1-6-2-6.
369	369	14 SECTION 16. IC 35-46-1-11.7, AS AMENDED BY P.L.56-2023,
370	370	15 SECTION 324, IS AMENDED TO READ AS FOLLOWS
371	371	16 [EFFECTIVE JULY 1, 2025]: Sec. 11.7. (a) A retail establishment in
372	372	17 which tobacco products, electronic cigarettes, and e-liquids prohibited
373	373	18 products account for at least eighty-five percent (85%) of the retail
374	374	19 establishment's gross sales may not allow an individual who is less than
375	375	20 twenty-one (21) years of age to enter the retail establishment.
376	376	21 (b) An individual who is less than twenty-one (21) years of age may
377	377	22 not enter a retail establishment described in subsection (a).
378	378	23 (c) A retail establishment described in subsection (a) must
379	379	24 conspicuously post on all entrances to the retail establishment the
380	380	25 following:
381	381	26 (1) A sign in boldface type that states "NOTICE: It is unlawful for
382	382	27 a person less than 21 years old to enter this store.".
383	383	28 (2) A sign printed in letters and numbers at least one-half (1/2)
384	384	29 inch high that displays a toll free phone number for assistance to
385	385	30 callers in quitting smoking, as determined by the Indiana
386	386	31 department of health.
387	387	32 (d) A person who violates this section commits a Class C infraction.
388	388	33 Notwithstanding IC 34-28-5-4(c), a civil judgment for an infraction
389	389	34 committed under this section must be imposed as follows:
390	390	35 (1) If the person has not been cited for a violation of this section
391	391	36 in the previous one (1) year, a civil penalty of up to four hundred
392	392	37 dollars ($400).
393	393	38 (2) If the person has had one (1) violation in the previous one (1)
394	394	39 year, a civil penalty of up to eight hundred dollars ($800).
395	395	40 (3) If the person has had two (2) violations in the previous one (1)
396	396	41 year, a civil penalty of up to one thousand four hundred dollars
397	397	42 ($1,400).
398	398	2025 IN 1516—LS 7567/DI 87 10
399	399	1 (4) If the person has had three (3) or more violations in the
400	400	2 previous one (1) year, a civil penalty of up to two thousand dollars
401	401	3 ($2,000).
402	402	4 A person may not be cited more than once every twenty-four (24)
403	403	5 hours.
404	404	6 (e) Notwithstanding IC 34-28-5-5(c), civil penalties collected under
405	405	7 this section must be deposited in the Richard D. Doyle youth tobacco
406	406	8 education and enforcement fund established under IC 7.1-6-2-6.
407	407	9 (f) A person who violates subsection (a) at least six (6) times in any
408	408	10 one (1) year period commits habitual illegal entrance by a minor, a
409	409	11 Class B infraction.
410	410	12 SECTION 17. IC 35-46-1-11.8, AS AMENDED BY P.L.49-2020,
411	411	13 SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
412	412	14 JULY 1, 2025]: Sec. 11.8. (a) As used in this section, "self-service
413	413	15 display" means a display that contains tobacco or electronic cigarettes
414	414	16 prohibited products in an area where a customer:
415	415	17 (1) is permitted; and
416	416	18 (2) has access to the tobacco or electronic cigarettes prohibited
417	417	19 products without assistance from a sales person.
418	418	20 (b) This section does not apply to a self-service display located in
419	419	21 a retail establishment:
420	420	22 (1) in which tobacco products, electronic cigarettes, and e-liquids
421	421	23 prohibited products account for at least eighty-five percent
422	422	24 (85%) of the retail establishment's gross sales; and
423	423	25 (2) that prohibits entry by persons who are less than twenty-one
424	424	26 (21) years of age.
425	425	27 (c) The owner of a retail establishment that sells or distributes
426	426	28 tobacco or electronic cigarettes prohibited products through a
427	427	29 self-service display, other than a coin operated machine operated under
428	428	30 IC 35-46-1-11 or IC 35-46-1-11.5, commits a Class C infraction.
429	429	31 (d) Notwithstanding IC 34-28-5-5(c), civil penalties collected under
430	430	32 this section must be deposited in the Richard D. Doyle youth tobacco
431	431	33 education and enforcement fund (IC 7.1-6-2-6).
432	432	2025 IN 1516—LS 7567/DI 87