Sec. 6. (a) It is unlawful for a person to sell, offer or expose for sale, or have in the person’s possession with intent to sell, an alcoholic beverage that is adulterated or misbranded.

     (b) It is unlawful for a person to alter or change a brand, label, mark, design, device, or inscription that has reference to the kind, brand, age, quality, quantity, or other description of the alcoholic beverage contents of a bottle or container.

Attorney's Note

Under the Indiana Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class B misdemeanorup to 180 daysup to $1,000
For details, see Ind. Code § 35-50-3-3

Terms Used In Indiana Code 7.1-5-10-6

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
     (c) The possession of an adulterated or misbranded alcoholic beverage by a permittee, or other person engaged in the manufacture or traffic in alcoholic beverages, is prima facie evidence of knowledge of the misbranding or adulteration and of an intent to violate a provision of this section.

     (d) The possession by a permittee, or other person engaged in the alcoholic beverage traffic, of a bottle or container used, or intended to be used, for containing an alcoholic beverage on which a label, brand, mark, design, or device has been altered or changed is prima facie evidence of an intent to violate a provision of this section.

     (e) A person who violates subsection (a) or knowingly or intentionally violates subsection (b) commits a Class B misdemeanor.

[Pre-1973 Recodification Citation: 7-1-1-33(b).]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.159-2014, SEC.73.