Introduced Version
HOUSE BILL No. 1516
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 7.1-7; IC 35-31.5-2; IC 35-46-1.
Synopsis: Ban on vapor product sales to persons under 21. Prohibits
a person less than 21 years of age (underage person) from: (1)
purchasing or receiving a nicotine-free electronic cigarette; or (2)
purchasing or receiving an e-liquid vaporizer (vapor product).
Restricts: (1) the sales and distribution of vapor products to underage
persons; (2) the location of vending machines containing e-liquids,
nicotine-free electronic cigarettes, or vaporizers where underage
persons are present; and (3) use of self-service displays to sell
e-liquids, nicotine-free electronic cigarettes, or vaporizers. Includes
vaporizer and nicotine free electronic cigarette sales in the gross retail
sales amount that determines whether an underage person can enter the
retail establishment.
Effective: July 1, 2025.
Gore
January 21, 2025, read first time and referred to Committee on Public Policy.
2025 IN 1516—LS 7567/DI 87 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. 1516
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 7.1-7-5.5-1, AS AMENDED BY P.L.49-2020,
2 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 1. A retailer may not make a delivery sale of
4 e-liquid or a vapor product to an individual who does not meet the
5 minimum age requirement as set forth in IC 7.1-7-6-5.
6 SECTION 2. IC 7.1-7-5.5-2, AS AMENDED BY P.L.49-2020,
7 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 JULY 1, 2025]: Sec. 2. A retailer may not ship an e-liquid or vapor
9 product without first making a good faith effort to verify the age of the
10 purchaser of the e-liquid or vapor product as set forth in IC 7.1-7-6-6.
11 SECTION 3. IC 7.1-7-5.5-3, AS AMENDED BY P.L.49-2020,
12 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2025]: Sec. 3. (a) Before an e-liquid or a vapor product is
14 shipped in a delivery sale, a retailer must be fully paid for the purchase
15 and shall accept payment from the purchaser:
16 (1) by a check drawn on an account in the purchaser's name;
17 (2) by a credit card issued in the purchaser's name; or
2025 IN 1516—LS 7567/DI 87 2
1 (3) by a debit card issued in the purchaser's name.
2 (b) A retailer may ship an e-liquid or vapor product only to a
3 purchaser.
4 SECTION 4. IC 7.1-7-5.5-5, AS AMENDED BY P.L.49-2020,
5 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6 JULY 1, 2025]: Sec. 5. A retailer who ships an e-liquid or vapor
7 product from a delivery sale order shall include as part of the shipping
8 documents a document with the following statement: "E-LIQUIDS,
9 VAPOR PRODUCTS: Indiana law prohibits the sale of this product
10 these products to a person who is less than 21 years of age.".
11 SECTION 5. IC 7.1-7-6-6, AS AMENDED BY P.L.49-2020,
12 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2025]: Sec. 6. (a) As used in this section, "good faith effort to
14 verify the age of the purchaser of the e-liquid or vapor product"
15 means:
16 (1) verifying the age of the purchaser in a commercially available
17 database; or
18 (2) obtaining a photocopy of a government issued identification;
19 that indicates the birth date or age of the purchaser.
20 (b) A person who knowingly or intentionally ships an e-liquid or
21 vapor product without first making a good faith effort to verify the age
22 of the purchaser of the e-liquid or vapor product commits a Class C
23 infraction.
24 SECTION 6. IC 35-31.5-2-250.5 IS ADDED TO THE INDIANA
25 CODE AS A NEW SECTION TO READ AS FOLLOWS
26 [EFFECTIVE JULY 1, 2025]: Sec. 250.5. "Prohibited product", for
27 purposes of IC 35-46-1, has the meaning set forth in IC 35-46-1-1.6.
28 SECTION 7. IC 35-31.5-2-347.5 IS ADDED TO THE INDIANA
29 CODE AS A NEW SECTION TO READ AS FOLLOWS
30 [EFFECTIVE JULY 1, 2025]: Sec. 347.5. "Vapor product" has the
31 meaning set forth in IC 35-46-1-1.9.
32 SECTION 8. IC 35-46-1-1.5, AS ADDED BY P.L.20-2013,
33 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34 JULY 1, 2025]: Sec. 1.5. As used in this chapter, "electronic cigarette"
35 means a device that is capable of providing an inhalable dose of
36 nicotine e-liquid by delivering a vaporized solution. The term includes
37 the components and cartridges.
38 SECTION 9. IC 35-46-1-1.6 IS ADDED TO THE INDIANA CODE
39 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
40 1, 2025]: Sec. 1.6. "Prohibited product" means any of the
41 following:
42 (1) Tobacco.
2025 IN 1516—LS 7567/DI 87 3
1 (2) E-liquid.
2 (3) Electronic cigarette.
3 (4) Vapor product.
4 SECTION 10. IC 35-46-1-1.9 IS ADDED TO THE INDIANA
5 CODE AS A NEW SECTION TO READ AS FOLLOWS
6 [EFFECTIVE JULY 1, 2025]: Sec. 1.9. "Vapor product" means a
7 powered vaporizer that converts e-liquid to a vapor intended for
8 inhalation.
9 SECTION 11. IC 35-46-1-10, AS AMENDED BY P.L.32-2021,
10 SECTION 97, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2025]: Sec. 10. (a) A person may not be charged with a
12 violation under this section and a violation under IC 7.1-7-6-5.
13 (b) A person who knowingly:
14 (1) sells or distributes tobacco, an e-liquid, or an electronic
15 cigarette a prohibited product to a person less than twenty-one
16 (21) years of age; or
17 (2) purchases tobacco, an e-liquid, or an electronic cigarette a
18 prohibited product for delivery to another person who is less
19 than twenty-one (21) years of age;
20 commits a Class C infraction. For a sale to take place under this
21 section, the buyer must pay the seller for the tobacco, e-liquid, or
22 electronic cigarette. prohibited product.
23 (c) It is not a defense that the person to whom the tobacco, e-liquid,
24 or electronic cigarette prohibited product was sold or distributed did
25 not smoke, chew, inhale, or otherwise consume the tobacco, e-liquid,
26 or electronic cigarette. prohibited product.
27 (d) The following defenses are available to a person accused of
28 selling or distributing tobacco, an e-liquid, or an electronic cigarette a
29 prohibited product to a person who is less than twenty-one (21) years
30 of age:
31 (1) The buyer or recipient produced a driver's license bearing the
32 purchaser's or recipient's photograph, showing that the purchaser
33 or recipient was of legal age to make the purchase.
34 (2) The buyer or recipient produced a photographic identification
35 card issued under IC 9-24-16-1, or a similar card issued under the
36 laws of another state or the federal government, showing that the
37 purchaser or recipient was of legal age to make the purchase.
38 (3) The appearance of the purchaser or recipient was such that an
39 ordinary prudent person would believe that the purchaser or
40 recipient was not less than thirty (30) years of age.
41 (e) It is a defense that the accused person sold or delivered the
42 tobacco, e-liquid, or electronic cigarette prohibited product to a
2025 IN 1516—LS 7567/DI 87 4
1 person who acted in the ordinary course of employment or a business
2 concerning tobacco, an e-liquid, or electronic cigarettes prohibited
3 products including the following activities:
4 (1) Agriculture.
5 (2) Processing.
6 (3) Transporting.
7 (4) Wholesaling.
8 (5) Retailing.
9 (f) As used in this section, "distribute" means to give tobacco, an
10 e-liquid, or an electronic cigarette a prohibited product to another
11 person as a means of promoting, advertising, or marketing the tobacco,
12 e-liquid, or electronic cigarette prohibited product to the general
13 public.
14 (g) Unless the person buys or receives tobacco, an e-liquid, or an
15 electronic cigarette a prohibited product under the direction of a law
16 enforcement officer as part of an enforcement action, a person who
17 sells or distributes tobacco, an e-liquid, or an electronic cigarette a
18 prohibited product is not liable for a violation of this section unless
19 the person less than twenty-one (21) years of age who bought or
20 received the tobacco, e-liquid, or electronic cigarette prohibited
21 product is issued a citation or summons under section 10.5 of this
22 chapter.
23 (h) Notwithstanding IC 34-28-5-5(c), civil penalties collected under
24 this section must be deposited in the Richard D. Doyle youth tobacco
25 education and enforcement fund (IC 7.1-6-2-6).
26 SECTION 12. IC 35-46-1-10.2, AS AMENDED BY P.L.32-2021,
27 SECTION 98, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2025]: Sec. 10.2. (a) A person may not be charged with a
29 violation under this section and a violation under IC 7.1-7-6-5.
30 (b) A retail establishment that sells or distributes tobacco, an
31 e-liquid, or an electronic cigarette a prohibited product to a person
32 less than twenty-one (21) years of age commits a Class C infraction.
33 For a sale to take place under this section, the buyer must pay the retail
34 establishment for the tobacco, e-liquid, or electronic cigarette.
35 prohibited product.
36 (c) Notwithstanding IC 34-28-5-4(c), a civil judgment for an
37 infraction committed under this section must be imposed as follows:
38 (1) If the retail establishment at that specific business location has
39 not been issued a citation or summons for a violation of this
40 section in the previous one (1) year, a civil penalty of up to four
41 hundred dollars ($400).
42 (2) If the retail establishment at that specific business location has
2025 IN 1516—LS 7567/DI 87 5
1 had one (1) citation or summons issued for a violation of this
2 section in the previous one (1) year, a civil penalty of up to eight
3 hundred dollars ($800).
4 (3) If the retail establishment at that specific business location has
5 had two (2) citations or summonses issued for a violation of this
6 section in the previous one (1) year, a civil penalty of up to one
7 thousand four hundred dollars ($1,400).
8 (4) If the retail establishment at that specific business location has
9 had three (3) or more citations or summonses issued for a
10 violation of this section in the previous one (1) year, a civil
11 penalty of up to two thousand dollars ($2,000).
12 A retail establishment may not be issued a citation or summons for a
13 violation of this section more than once every twenty-four (24) hours
14 for each specific business location.
15 (d) It is not a defense that the person to whom the tobacco, e-liquid,
16 or electronic cigarette prohibited product was sold or distributed did
17 not smoke, chew, inhale, or otherwise consume the tobacco, e-liquid,
18 or electronic cigarette. prohibited product.
19 (e) The following defenses are available to a retail establishment
20 accused of selling or distributing tobacco, an e-liquid, or an electronic
21 cigarette a prohibited product to a person who is less than twenty-one
22 (21) years of age:
23 (1) The buyer or recipient produced a driver's license bearing the
24 purchaser's or recipient's photograph showing that the purchaser
25 or recipient was of legal age to make the purchase.
26 (2) The buyer or recipient produced a photographic identification
27 card issued under IC 9-24-16-1 or a similar card issued under the
28 laws of another state or the federal government showing that the
29 purchaser or recipient was of legal age to make the purchase.
30 (3) The appearance of the purchaser or recipient was such that an
31 ordinary prudent person would believe that the purchaser or
32 recipient was not less than thirty (30) years of age.
33 (f) It is a defense that the accused retail establishment sold or
34 delivered the tobacco, e-liquid, or electronic cigarette prohibited
35 product to a person who acted in the ordinary course of employment
36 or a business concerning tobacco, an e-liquid, or electronic cigarettes
37 prohibited products for the following activities:
38 (1) Agriculture.
39 (2) Processing.
40 (3) Transporting.
41 (4) Wholesaling.
42 (5) Retailing.
2025 IN 1516—LS 7567/DI 87 6
1 (g) As used in this section, "distribute" means to give tobacco, an
2 e-liquid, or an electronic cigarette a prohibited product to another
3 person as a means of promoting, advertising, or marketing the tobacco
4 or electronic cigarette prohibited product to the general public.
5 (h) Unless a person buys or receives tobacco, an e-liquid, or an
6 electronic cigarette a prohibited product under the direction of a law
7 enforcement officer as part of an enforcement action, a retail
8 establishment that sells or distributes tobacco, an e-liquid, or an
9 electronic cigarette a prohibited product is not liable for a violation
10 of this section unless the person less than twenty-one (21) years of age
11 who bought or received the tobacco, e-liquid, or electronic cigarette
12 prohibited product is issued a citation or summons under section 10.5
13 of this chapter.
14 (i) Notwithstanding IC 34-28-5-5(c), civil penalties collected under
15 this section must be deposited in the Richard D. Doyle youth tobacco
16 education and enforcement fund (IC 7.1-6-2-6).
17 (j) A person who violates subsection (b) at least six (6) times in any
18 one (1) year commits habitual illegal sale of tobacco, a prohibited
19 product, a Class B infraction.
20 SECTION 13. IC 35-46-1-10.5, AS AMENDED BY P.L.49-2020,
21 SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22 JULY 1, 2025]: Sec. 10.5. (a) A person less than twenty-one (21) years
23 of age who:
24 (1) purchases tobacco, an e-liquid, or an electronic cigarette; a
25 prohibited product;
26 (2) accepts tobacco, an e-liquid, or an electronic cigarette a
27 prohibited product for personal use; or
28 (3) possesses tobacco, an e-liquid, or an electronic cigarette a
29 prohibited product on the person's person;
30 commits a Class C infraction.
31 (b) It is a defense under subsection (a) that the accused person acted
32 in the ordinary course of employment in a business concerning tobacco,
33 an e-liquid, or an electronic cigarette prohibited products for the
34 following activities:
35 (1) Agriculture.
36 (2) Processing.
37 (3) Transporting.
38 (4) Wholesaling.
39 (5) Retailing.
40 SECTION 14. IC 35-46-1-11, AS AMENDED BY P.L.56-2023,
41 SECTION 323, IS AMENDED TO READ AS FOLLOWS
42 [EFFECTIVE JULY 1, 2025]: Sec. 11. (a) A tobacco or electronic
2025 IN 1516—LS 7567/DI 87 7
1 cigarette vending machine containing a prohibited product that is
2 located in a public place must bear the following conspicuous notices:
3 (1) A notice:
4 (A) that reads as follows, with the capitalization indicated: "If
5 you are under 21 years of age, YOU ARE FORBIDDEN by
6 Indiana law to buy tobacco, e-liquids, vaporizers, or
7 electronic cigarettes from this machine."; or
8 (B) that:
9 (i) conveys a message substantially similar to the message
10 described in clause (A); and
11 (ii) is formatted with words and in a form authorized under
12 the rules adopted by the alcohol and tobacco commission.
13 (2) A notice that reads as follows, "Smoking by Pregnant Women
14 May Result in Fetal Injury, Premature Birth, and Low Birth
15 Weight.".
16 (3) A notice printed in letters and numbers at least one-half (1/2)
17 inch high that displays a toll free phone number for assistance to
18 callers in quitting smoking, as determined by the Indiana
19 department of health.
20 (b) A person who owns or has control over a tobacco or electronic
21 cigarette vending machine containing a prohibited product in a
22 public place and who:
23 (1) fails to post a notice required by subsection (a) on the vending
24 machine; or
25 (2) fails to replace a notice within one (1) month after it is
26 removed or defaced;
27 commits a Class C infraction.
28 (c) An establishment selling tobacco or electronic cigarettes
29 prohibited products at retail shall post and maintain in a conspicuous
30 place, at the point of sale, the following:
31 (1) Signs printed in letters at least one-half (1/2) inch high,
32 reading as follows:
33 (A) "The sale of tobacco, or electronic cigarettes, e-liquids, or
34 vaporizers to persons under 21 years of age is forbidden by
35 Indiana law.".
36 (B) "Smoking by Pregnant Women May Result in Fetal Injury,
37 Premature Birth, and Low Birth Weight.".
38 (2) A sign printed in letters and numbers at least one-half (1/2)
39 inch high that displays a toll free phone number for assistance to
40 callers in quitting smoking, as determined by the Indiana
41 department of health.
42 (d) A person who:
2025 IN 1516—LS 7567/DI 87 8
1 (1) owns or has control over an establishment selling tobacco or
2 electronic cigarettes prohibited products at retail; and
3 (2) fails to post and maintain the sign required by subsection (c);
4 commits a Class C infraction.
5 SECTION 15. IC 35-46-1-11.5, AS AMENDED BY P.L.49-2020,
6 SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2025]: Sec. 11.5. (a) Except for a coin machine that is placed
8 in or directly adjacent to an entranceway or an exit, or placed in a
9 hallway, a restroom, or another common area that is accessible to
10 persons who are less than twenty-one (21) years of age, this section
11 does not apply to a coin machine that is located in the following:
12 (1) That part of a licensed premises (as defined in IC 7.1-1-3-20)
13 where entry is limited to persons who are at least twenty-one (21)
14 years of age.
15 (2) Private industrial or office locations that are customarily
16 accessible only to persons who are at least twenty-one (21) years
17 of age.
18 (3) Private clubs if the membership is limited to persons who are
19 at least twenty-one (21) years of age.
20 (4) Riverboats where entry is limited to persons who are at least
21 twenty-one (21) years of age and on which lawful gambling is
22 authorized.
23 (b) As used in this section, "coin machine" has the meaning set forth
24 in IC 35-43-5-1.
25 (c) Except as provided in subsection (a), an owner of a retail
26 establishment may not:
27 (1) distribute or sell tobacco or electronic cigarettes prohibited
28 products by use of a coin machine; or
29 (2) install or maintain a coin machine that is intended to be used
30 for the sale or distribution of tobacco or electronic cigarettes.
31 prohibited products.
32 (d) An owner of a retail establishment who violates this section
33 commits a Class C infraction. A citation or summons issued under this
34 section must provide notice that the coin machine must be moved
35 within two (2) business days. Notwithstanding IC 34-28-5-4(c), a civil
36 judgment for an infraction committed under this section must be
37 imposed as follows:
38 (1) If the owner of the retail establishment has not been issued a
39 citation or summons for a violation of this section in the previous
40 ninety (90) days, a civil penalty of fifty dollars ($50).
41 (2) If the owner of the retail establishment has had one (1) citation
42 or summons issued for a violation of this section in the previous
2025 IN 1516—LS 7567/DI 87 9
1 ninety (90) days, a civil penalty of two hundred fifty dollars
2 ($250).
3 (3) If the owner of the retail establishment has had two (2)
4 citations or summonses issued for a violation of this section in the
5 previous ninety (90) days for the same machine, the coin machine
6 shall be removed or impounded by a law enforcement officer
7 having jurisdiction where the violation occurs.
8 An owner of a retail establishment may not be issued a citation or
9 summons for a violation of this section more than once every two (2)
10 business days for each business location.
11 (e) Notwithstanding IC 34-28-5-5(c), civil penalties collected under
12 this section must be deposited in the Richard D. Doyle youth tobacco
13 education and enforcement fund established under IC 7.1-6-2-6.
14 SECTION 16. IC 35-46-1-11.7, AS AMENDED BY P.L.56-2023,
15 SECTION 324, IS AMENDED TO READ AS FOLLOWS
16 [EFFECTIVE JULY 1, 2025]: Sec. 11.7. (a) A retail establishment in
17 which tobacco products, electronic cigarettes, and e-liquids prohibited
18 products account for at least eighty-five percent (85%) of the retail
19 establishment's gross sales may not allow an individual who is less than
20 twenty-one (21) years of age to enter the retail establishment.
21 (b) An individual who is less than twenty-one (21) years of age may
22 not enter a retail establishment described in subsection (a).
23 (c) A retail establishment described in subsection (a) must
24 conspicuously post on all entrances to the retail establishment the
25 following:
26 (1) A sign in boldface type that states "NOTICE: It is unlawful for
27 a person less than 21 years old to enter this store.".
28 (2) A sign printed in letters and numbers at least one-half (1/2)
29 inch high that displays a toll free phone number for assistance to
30 callers in quitting smoking, as determined by the Indiana
31 department of health.
32 (d) A person who violates this section commits a Class C infraction.
33 Notwithstanding IC 34-28-5-4(c), a civil judgment for an infraction
34 committed under this section must be imposed as follows:
35 (1) If the person has not been cited for a violation of this section
36 in the previous one (1) year, a civil penalty of up to four hundred
37 dollars ($400).
38 (2) If the person has had one (1) violation in the previous one (1)
39 year, a civil penalty of up to eight hundred dollars ($800).
40 (3) If the person has had two (2) violations in the previous one (1)
41 year, a civil penalty of up to one thousand four hundred dollars
42 ($1,400).
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1 (4) If the person has had three (3) or more violations in the
2 previous one (1) year, a civil penalty of up to two thousand dollars
3 ($2,000).
4 A person may not be cited more than once every twenty-four (24)
5 hours.
6 (e) Notwithstanding IC 34-28-5-5(c), civil penalties collected under
7 this section must be deposited in the Richard D. Doyle youth tobacco
8 education and enforcement fund established under IC 7.1-6-2-6.
9 (f) A person who violates subsection (a) at least six (6) times in any
10 one (1) year period commits habitual illegal entrance by a minor, a
11 Class B infraction.
12 SECTION 17. IC 35-46-1-11.8, AS AMENDED BY P.L.49-2020,
13 SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14 JULY 1, 2025]: Sec. 11.8. (a) As used in this section, "self-service
15 display" means a display that contains tobacco or electronic cigarettes
16 prohibited products in an area where a customer:
17 (1) is permitted; and
18 (2) has access to the tobacco or electronic cigarettes prohibited
19 products without assistance from a sales person.
20 (b) This section does not apply to a self-service display located in
21 a retail establishment:
22 (1) in which tobacco products, electronic cigarettes, and e-liquids
23 prohibited products account for at least eighty-five percent
24 (85%) of the retail establishment's gross sales; and
25 (2) that prohibits entry by persons who are less than twenty-one
26 (21) years of age.
27 (c) The owner of a retail establishment that sells or distributes
28 tobacco or electronic cigarettes prohibited products through a
29 self-service display, other than a coin operated machine operated under
30 IC 35-46-1-11 or IC 35-46-1-11.5, commits a Class C infraction.
31 (d) Notwithstanding IC 34-28-5-5(c), civil penalties collected under
32 this section must be deposited in the Richard D. Doyle youth tobacco
33 education and enforcement fund (IC 7.1-6-2-6).
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