Sec. 10.5. (a) A person less than eighteen (18) years of age who:
(1) purchases tobacco or an electronic cigarette;
(2) accepts tobacco or an electronic cigarette for personal use; or
(3) possesses tobacco or an electronic cigarette on his person; commits a Class C infraction.
(b) It is a defense under subsection (a) that the accused person acted in the ordinary course of employment in a business concerning tobacco or electronic cigarettes:
(1) agriculture; (2) processing; (3) transporting;
(4) wholesaling; or
(5) retailing. As added by P.L.125-1988, SEC.5. Amended by P.L.256-1996, SEC.13; P.L.20-2013, SEC.7. IC 35-46-1-11 Retail sale of tobacco or electronic cigarettes; warning notices; penalty Sec. 11. (a) A tobacco or electronic cigarette vending machine that is located in a public place must bear the following conspicuous notices:
(1) A notice:
(A) that reads as follows, with the capitalization indicated: “If you are under 18 years of age, YOU ARE FORBIDDEN by Indiana law to buy tobacco or electronic cigarettes from this machine.”; or
(B) that:
(i) conveys a message substantially similar to the message described in clause (A); and
(ii) is formatted with words and in a form authorized under the rules adopted by the alcohol and tobacco commission.
(2) A notice that reads as follows, “Smoking by Pregnant Women May Result in Fetal Injury, Premature Birth, and Low Birth Weight.”.
(3) A notice printed in letters and numbers at least one-half (1/2) inch high that displays a toll free phone number for assistance to callers in quitting smoking, as determined by the state department of health.
(b) A person who owns or has control over a tobacco or electronic cigarette vending machine in a public place and who:
(1) fails to post a notice required by subsection (a) on the vending machine; or
(2) fails to replace a notice within one (1) month after it is removed or defaced; commits a Class C infraction.
(c) An establishment selling tobacco or electronic cigarettes at retail shall post and maintain in a conspicuous place, at the point of sale, the following:
(1) Signs printed in letters at least one-half (1/2) inch high, reading as follows:
(A) “The sale of tobacco or electronic cigarettes to persons under 18 years of age is forbidden by Indiana law.”.
(B) “Smoking by Pregnant Women May Result in Fetal Injury, Premature Birth, and Low Birth Weight.”.
(2) A sign printed in letters and numbers at least one-half (1/2) inch high that displays a toll free phone number for assistance to callers in quitting smoking, as determined by the state department of health.
(d) A person who:
(1) owns or has control over an establishment selling tobacco or electronic cigarettes at retail; and
(2) fails to post and maintain the sign required by subsection (c); commits a Class C infraction. As added by P.L.330-1983, SEC.2. Amended by P.L.318-1987, SEC.4; P.L.204-2001, SEC.66; P.L.94-2008, SEC.63; P.L.20-2013, SEC.8.