ALCOHOLIC BEVERAGE OFFENSES
17
nating with the manufacturer that bears the health
warning required by federal law.
(b) Aperson who violates this section commits
a Class C infraction.
7.1-6-2-4. Use of minors to enforce.
(a) An enforcement officer vested with full
police powers and duties may engage a person less
than eighteen (18) years of age as part of an
enforcement action under this article if the initial
or contemporaneous receipt or purchase of a
tobacco product or electronic cigarette by a per-
son less than eighteen (18) years of age occurs
under the direction of an enforcement officer
vested with full police powers and duties and is
part of the enforcement action.
(b) An enforcement officer vested with full
police powers and duties shall not:
(1) recruit or attempt to recruit a person
less than eighteen (18) years of age to par-
ticipate in an enforcement action under
subsection (a) at the scene of a violation of
section 2 of this chapter; or
(2) allow a person less than eighteen (18)
years of age to purchase or receive a
tobacco product or electronic cigarette as
part of an enforcement action under sub-
section (a) without the written permission
of the person’s parents or legal guardians.
7.1-6-2-5. Annual report to United States
Department of Health and Human
Services.
The division of mental health and addiction
established under IC 12-21 shall annually pre-
pare for submission to the Secretary of the United
States Department of Health and Human Services
the report required by Section 1926 of the Public
Health Service Act (42 U.S.C. 300x-26) and
implementing regulations promulgated under
that act.
7.1-6-2-6. Youth tobacco education and
enforcement fund; administration.
(a) The Richard D. Doyle youth tobacco edu-
cation and enforcement fund is established. The
fund shall be administered by the commission.
(b) Expenses of administering the fund shall
be paid from money in the fund.
(c) The treasurer of state shall invest the
money in the fund not currently needed to meet
the obligations of the fund in the same manner as
other public money may be invested.
(d) Money in the fund at the end of a state fis-
cal year does not revert to the state general fund.
(e) Money in the fund shall be used for the fol-
lowing purposes:
(1) For youth smoking prevention educa-
tion. The commission may contract with
the state department of health or the office
of the secretary of family and social serv-
ices for youth smoking prevention educa-
tion programs.
(2) For education and training of retailers
who sell tobacco products. The commis-
sion may contract with education and train-
ing programs of the office of the secretary
of family and social services, the division
of mental health and addiction, enforce-
ment officers, or a program approved by
the commission.
(3) For the commission, for enforcement
of youth tobacco laws.
7.1-6-2-8. Youth tobacco education and
enforcement fund; penalties.
(a) This section applies whenever a civil
penalty payable to the Richard D. Doyle youth
tobacco education and enforcement fund is
imposed.
(b) The person liable for the civil penalty shall
pay the full amount of the civil penalty to the
commission within thirty (30) days after final
judgment.
(c) A person who fails to pay a civil penalty
within the time specified in subsection (b) is liable
for a late penalty equal to the greater of the fol-
lowing:
(1) Twenty-five percent (25%) of the
amount of the civil penalty imposed under
IC 35-46-1.
(2) The lesser of the following:
(A)Twenty-five dollars ($25) multi-
plied by the number of days that have
elapsed after the date that the civil
penalty was imposed by a court.
(B)Five thousand dollars ($5,000).
(d) A person who fails to pay a civil penalty
