2014 Indiana Criminal Code Book - page 16

ALCOHOLIC BEVERAGE OFFENSES
16
and violations for the previous calendar year. The
commission shall submit the report in electronic
format under IC 5-14-6 to the legislative services
agency not later than September 1 of each year.
ARTICLE 6.
YOUTH TOBACCO SALES AND
ENFORCEMENT
Ch.  1.
Definitions
Ch.  2.
Youth Tobacco Law EnforcementAuthority
Chapter 1. Definitions
7.1-6-1-1.
Application.
7.1-6-1-2.
“Person” defined.
7.1-6-1-3.
“Tobacco product” defined.
7.1-6-1-1. Application.
The definitions in this chapter apply through-
out this article.
7.1-6-1-2. “Person” defined.
“Person” has the meaning set forth in IC 35-
31.5-2-234.
7.1-6-1-3. “Tobacco product” defined.
“Tobacco product” means a product that con-
tains tobacco and is intended for human con-
sumption.
Chapter 2. Youth Tobacco Law
Enforcement Authority
7.1-6-2-0.3. Legislative Intent.
7.1-6-2-0.4. Late payment penalty and interest.
7.1-6-2-1.
Enforcement of article.
7.1-6-2-2.
Random inspections.
7.1-6-2-3.
Unlawful sale of cigarettes; penalty.
7.1-6-2-4.
Use of minors to enforce.
7.1-6-2-5.
Annual report ot United States Department
of Health and Human Services.
7.1-6-2-6.
Youth tobacco education and enforcement
fund; administration.
7.1-6-2-8.
Youth tobacco education and enforcement
fund; penalties.
7.1-6-2-0.3. Legislative intent.
It is the intent of the general assembly that this
article be:
(1) implemented in an equitable and a uni-
form manner throughout Indiana; and
(2) enforced to ensure the eligibility for
and receipt of any federal funds or grants
that the state receives or may receive relat-
ing to P.L. 256-1996.
7.1-6-2-0.4. Late payment penalty and
interest.
Notwithstanding the addition of section 8 of
this chapter by P.L. 204-2001, a person may pay
a civil penalty:
(1) to which section 8 of this chapter, as
added by P.L. 204-2001, applies; and
(2) that was imposed by a court before
July 1, 2001;
before August 1, 2001, without the imposition of
a late payment penalty or interest under section 8
of this chapter, as added by P.L. 204-2001. After
July 30, 2001, late payment penalties and interest
shall be added to the civil penalty as if section 8
of this chapter, as added by P.L. 204-2001, were
in effect on the date that the civil penalty was
imposed.
7.1-6-2-1. Enforcement of article.
The commission, an Indiana law enforcement
agency, the office of the sheriff of a county, or an
organized police department of a municipal cor-
poration may enforce this article to the extent
necessary to ensure the state’s compliance with:
(1) Section 1926 of the Public Health
Service Act (42 U.S.C. 300x-26); and
(2) implementing regulations promulgated
by the United States Department of Health
and Human Services.
7.1-6-2-2. Random inspections.
The division of mental health and addiction
established under IC 12-21 shall coordinate the
conduct of random unannounced inspections at
locations where tobacco products are sold or dis-
tributed to ensure compliance with this article.
Only the commission, an Indiana law enforce-
ment agency, the office of the sheriff of a county,
or an organized police department of a municipal
corporation may conduct the random unannounced
inspections. These entities may use retired or
off-duty law enforcement officers to conduct
inspections under this section.
7.1-6-2-3. Unlawful sale of cigarettes;
penalty.
(a) It is unlawful for a person to sell ciga-
rettes other than in an unopened package origi-
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