Sec. 2. (a) A person who deals at retail:

(1) in:

Terms Used In Indiana Code 16-44-1-2

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
(A) previously used or previously used and reclaimed;

(B) refined;

(C) recleaned; or

(D) reconditioned;

lubricating oils, lubricants, or mixtures of lubricants; and

(2) without:

(A) plainly labeling, as required by this chapter, each container or item of equipment in or through which any of the products described in subdivision (1) are sold, kept for sale, displayed, or dispensed; or

(B) inserting in any advertisement of those products a statement required by this chapter that the products have been previously used, reclaimed, rerefined, recleaned, or reconditioned;

may be enjoined from selling or offering, displaying, or advertising for sale any of the products described in subdivision (1).

     (b) An action for an injunction under this section may be brought in any court having jurisdiction to hear and decide cases in the county in which the defendant resides. The action for an injunction may be brought by the following:

(1) The attorney general.

(2) The prosecuting attorney for the county.

     (c) The authority granted by this section is in addition to the authority to criminally prosecute a person for a violation of this chapter.

[Pre-1993 Recodification Citation: 16-6-10-2 part.]

As added by P.L.2-1993, SEC.27.