Current through P.L. 171-2024
Section 35-46-1-11.8 - Tobacco and electronic cigarette displays; exceptions; penalty(a) As used in this section, "self-service display" means a display that contains tobacco or electronic cigarettes in an area where a customer:(2) has access to the tobacco or electronic cigarettes without assistance from a sales person.(b) This section does not apply to a self-service display located in a retail establishment: (1) in which tobacco products, electronic cigarettes, and e-liquids account for at least eighty-five percent (85%) of the retail establishment's gross sales; and(2) that prohibits entry by persons who are less than twenty-one (21) years of age.(c) The owner of a retail establishment that sells or distributes tobacco or electronic cigarettes through a self-service display, other than a coin operated machine operated under IC 35-46-1-11 or IC 35-46-1-11.5, commits a Class C infraction.(d) Notwithstanding IC 34-28-5-5(c), civil penalties collected under this section must be deposited in the Richard D. Doyle youth tobacco education and enforcement fund (IC 7.1-6-2-6).Amended by P.L. 49-2020,SEC. 38, eff. 7/1/2020.Amended by P.L. 20-2013, SEC. 10, eff. 7/1/2013.Amended by P.L. 10-2011, SEC. 3, eff. 7/1/2011.As added by P.L. 37-2007, SEC.1.