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Tobacco Laws
The Excise Police would like you to know...
1. The law defines Tobacco
as:
a) Chewing tobacco
b) Cigars, cigarettes, and snuff that contain
tobacco
c) Pipe tobacco. (IC 35-46-1-1.7)
2. If a business' primary
activity is the sale of tobacco, tobacco products, and tobacco accessories,
then, that business shall be defined as a Tobacco Business. (IC 35-46-1-1)
3. It is unlawful for a
person to knowingly sell or distribute tobacco or tobacco products, (as
defined above in #1) to a person who is less than eighteen (18) years
old. A person who knowingly does this commits a Class C infraction.
Additionally, the buyer must pay the seller
for the tobacco product for the sale to take place, and, it is not a defense
for the person to whom the tobacco was sold that they did not smoke, chew,
or otherwise consume the tobacco. (IC 35-46-1-10)
4. Anyone under the age
of eighteen (18) may not:
a) Purchase
b) Accept
c) Possess tobacco products. (IC 35-46-1-10.5)
5. A retail establishment
commits a Class C infraction if they sell or distribute tobacco to anyone
under the age of eighteen (18). This is in addition to the employee who
actually conducts the sale. The purchaser must pay the retail establishment
for the sale to take place under this section. (IC 35-46-1-10.2)
6. No tobacco business
may operate within two hundred (200) feet of a public or private elementary
or secondary school.
This distance is to be determined by measuring
the nearest point of the premises occupied by the tobacco business and
the nearest point of the building used by the school for instructional
purposes. (IC 35-46-1-11.2)
7. It is unlawful for anyone
less than eighteen (18) years of age to enter a tobacco business, or for
that tobacco business to allow anyone under eighteen (18) to enter their
retail establishment.
There must be a sign in boldface type conspicuously
posted on all entrances, that states: "NOTICE:
It is unlawful for a person less than 18 years old to enter this store."
A person who violates this section commits a Class C infraction. (IC 35-46-1-11.7)
8. Tobacco vending machines
are not allowed to be placed in, or directly adjacent to, an entraceway
or an exit. They are not allowed in a restroom, hallway, or any common
area that anyone less than eighteen (18) years of age has access to.
Further, a tobacco store may not sell or
distribute tobacco by use of a coin machine, nor may they install or maintain
a coin machine that is to be used for the sale or distribution of tobacco.
(IC 35-46-1-11.5)
9. Tobacco vending machines
that are placed in locations allowable by law (as explained in #8 above)
must have a conspicuous notice posted on them that reads as follows: "If
you are under 18 years of age, YOU ARE FORBIDDEN by Indiana law to buy
tobacco from this machine."
This sign must read exactly as above, including
the capitallization. Establishments selling tobacco at retail are required
by law to post and maintain a sign that reads as follows: "The
sale of tobacco to persons under 18 years of age is forbidden by Indiana
law."
This sign is to be printed in letters at
least one-half (1/2) inch high and must be posted in a conspicuous place.
(IC 35-46-1-11)
10. Advertising tobacco
products is limited to an area less than 14 square feet. This includes
any outdoor advertisements, billboards, advertisements at the street level
in windows, or on the exterior of a business.
Further, this advertisement cannot
exceed fourteen (14) square feet if it functions as a segment of a larger
unit or series of advertisements. (IC 35-46-1-11.3)
Note: This list contains only a few of the laws and
regulations that an establishment should be familiar with before selling
tobacco. When in doubt, about any law, check it out beforehand so problems
may be avoided. Remember:
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