IPCPR Legislative | Restrictions in Indiana

Restrictions in Indiana

indiana

Smoking, Age and Sampling Restrictions in Indiana

Indiana law prohibits smoking: in public places; in places of employment; in vehicles owned, leased, or operated by the state if the vehicle is being used for a governmental function; and within 8 feet of a public entrance to a public place or place of employment.

 

Ind. Code § 7.1-5-12-4: Places smoking is prohibited; duties of employers and person in charge of a place of employment or public place

 

An owner, operator, manager, or official in charge of a public place or place of employment must post conspicuous signs at each entrance that read “State Law Prohibits Smoking Within 8 Feet of this Entrance” or other similar language

 

Ind. Code § 7.1-5-12-4: Places smoking is prohibited; duties of employers and person in charge of a place of employment or public place

 

State law does not prohibit a county, city, town, or other governmental unit from adopting more restrictive ordinances. State law also does not supersede more restrictive smoking ordinances that were previously adopted by a county, city, town, or other governmental unit.

 

Ind. Code § 7.1-5-12-13: Local ordinances

 

Exemptions:

 

The following are exempt from the ban on smoking, subject to conditions:

  • Permitted horse racing facilities and any other permanent structures on land owned or leased by the owner of the facilities that are adjacent to the facilities
  • Riverboats and any other permanent structure that is:
    • Owned or leased by the owner of the riverboat and
    • Located on land that is adjacent to
      • The dock to which the riverboat is moored or
      • The land on which the riverboat is situated
    • Licensed gambling game facilities and any other permanent structure on land owned or leased by the owner of the facilities that are adjacent to the facilities
    • Satellite facilities
    • Establishments owned or leased by businesses that meet the following requirements:
      • The business was in business and permitted smoking on December 31, 2012
      • The business prohibits entry by an individual who is less than 21 years of age
      • The owner or operator of the business holds a beer, liquor, or wine retailer’s permit
      • The business limits smoking in the establishment to either:
        • Cigar smoking or
        • Smoking with a waterpipe or hookah device
      • During the preceding calendar year, at least 10% of the business’s annual gross income was from:
        • The sale of cigars and the rental or onsite humidors or
        • The sale of loose tobacco for use in a waterpipe or hookah device
      • The person in charge of the business posts in the establishment conspicuous signs that display the message that cigarette smoking is prohibited
    • Premises owned or leased by and regularly used for the activities of businesses that meet the following requirements:
      • The business is exempt from federal income taxation
      • The business:
        • Meets the requirements to be considered a club or
        • Is a fraternal club
      • The business provides food or alcoholic beverages only to its bona fide members and their guests
      • The business:
        • Provides a separate, enclosed, designated smoking room or area that is adequately ventilated to prevent migration of smoke to nonsmoking areas of the premises
        • Allows smoking only in the designated smoking room or area
        • Does not allow an individual who is under 18 years of age to enter the designated smoking room or area
      • Retail tobacco stores used primarily for the sale of tobacco products and tobacco accessories that meet the following requirements:
        • The owner or operator of the store holds a valid Tobacco Sales Certificate
        • The store prohibits entry by an individual who is under 18 years of age
        • The sale of products other than tobacco products and tobacco accessories is merely incidental
        • The sale of tobacco products accounts for at least 85% of the store’s annual gross sales
        • Food or beverages are not sold in a manner that requires consumption on the premises, and there is not an area set aside for customers to consume food or beverages on the premises
      • Bars or Taverns:
        • For which a permittee holds:
          • A beer retailer’s permit
          • A liquor retailer’s permit or
          • A wine retailer’s permit
        • That do not employ an individual who is under 18 years of age
        • That do not allow an individual to enter who:
          • Is under 21 years of age and
          • Is not an employee of the bar or tavern
        • That is not located in a business that would otherwise be subject to the ban on smoking
      • Cigar manufacturing facilities that do not offer retail sales
      • Premises of cigar specialty stores to which all of the following apply:
        • The owner or operator held a valid Tobacco Sales Certificate
        • The sale of tobacco products and tobacco accessories account for at least 50% of the store’s annual gross sales
        • The store has a separate, enclosed, designated smoking room that is adequately ventilated to prevent migration of smoke to nonsmoking areas
        • Smoking is allowed only in the designated smoking room
        • Individuals under 18 years of age are prohibited from entering the designated smoking room
        • Cigarette smoking is not allowed on the premises of the store
        • The owner or operator of the store posts a conspicuous sign on the premises of the store that displays the message that cigarette smoking is prohibited
        • Food or beverages are not sold in a manner that requires consumption on the premises, and there is not an area set aside for customers to consume food or beverages on the premises
      • Premises of a business that is located in the business owner’s private residence if the only employees of the business who work in the residence are the owner and other individuals who reside in the residence

The owner, operator, manager, or official in charge of an establishment or premises in which smoking is allowed under this section shall post conspicuous signs in the establishment that read “WARNING: Smoking Is Allowed In This Establishment” or other similar language.

 

The owner, operator, or manager of an establishment or premises that qualifies for exemption from the smoking ban must file an Exception from Smoking Ban form with the Indiana Alcohol and Tobacco Commission. This form is available at http://in.gov/atc/files/Smoking_Ban_Exception_Form_Jan2013.pdf. The Commission may require documentation or additional information concerning the exemption of the establishment or premises.

 

Ind. Code § 7.1-5-12-5: Exceptions to smoking ban; signage; areas where smoking is prohibited in exempted premises; verified statement.

Individuals under 18 years of age cannot purchase or possess tobacco or an electronic cigarette or accept tobacco or an electronic cigarette for personal use. However, this prohibition does not apply if the minor acted in the ordinary course of employment in a business concerning tobacco or electronic cigarettes, such as agriculture, processing, transporting, wholesaling, or retailing.

 

Ind. Code § 35-46-1-10.5: Purchase, acceptance, or possession of tobacco or electronic cigarettes by a minor

 

Department of Labor staff reported that the minimum age to work in tobacco retail stores in Indiana is 18.

 

It is illegal for any person to knowingly sell or distribute tobacco or an electronic cigarette to a person under 18 years of age, or to knowingly purchase tobacco or an electronic cigarette for delivery to another person who is under 18 years of age. This prohibition does not apply if the person sold or delivered the tobacco or electronic cigarette to a person who acted in the ordinary course of employment in a business concerning tobacco or electronic cigarettes, such as agriculture, processing, transporting, wholesaling, or retailing.

 

Ind. Code § 35-46-1-10: Sale or distribution of tobacco or electronic cigarettes to a minor; defenses

 

An establishment selling tobacco or electronic cigarettes at retail must post and maintain in a conspicuous place, at the point of sale, the following:

  • Signs printed in letters at least 1/2 inch high, reading as follows:
    • “The sale of tobacco or electronic cigarettes to persons under 18 years of age is forbidden by Indiana law.”
    • “Smoking by Pregnant Women May Result in Fetal Injury, Premature Birth, and Low Birth Weight.”
  • A sign printed in letters and numbers at least 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

Ind. Code § 35-46-1-11(c): Retail sale of tobacco or electronic cigarettes; warning notices; penalty

 

A retail establishment that has as its primary purpose the sale of tobacco products may not allow an individual under 18 years of age to enter the retail establishment. Retail establishments must conspicuously post on all entrances to the retail establishment the following:

  • A sign in boldface type that states “NOTICE: It is unlawful for a person less than 18 years old to enter this store.”
  • A sign printed in letters and numbers at least 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.

Ind. Code § 35-46-1-11.7: Minors prohibited from entering retail establishment that primarily sells tobacco products; posting notices required; civil penalties

 

A person may not operate a tobacco business within 200 feet of a public or private elementary or secondary school, as measured between the nearest point of the premises occupied by the tobacco business and the nearest point of a building used by the school for instructional purposes.

 

Ind. Code § 35-46-1-11.2(b): Operation of tobacco business near school prohibited

 

Regulation of the sale, distribution, or display of tobacco products may only be authorized by the General Assembly. An ordinance, bylaw, or rule of a county, city, or township, or a department, board, or agency thereof, or any other political subdivision or agency of the state concerning these matters is void.

 

Ind. Code § 16-41-39-1: General assembly having exclusive regulatory power
Ind. Code § 16-41-39-2: Local ordinances, bylaws, and rules void

Federal regulations prohibit free samples of cigarettes and limit free samples of smokeless tobacco products to certain age-restricted venues under several conditions.

 

Regulations Restricting the Sale, Distribution, and Marketing of Cigarettes, Cigarette Tobacco, and Smokeless Tobacco: Consumer Fact Sheet
http://www.fda.gov/downloads/TobaccoProducts/ProtectingKidsfromTobacco/RegsRestrictingSale/UCM265540.pdf

 

In Indiana, it is illegal for any person to knowingly distribute tobacco or an electronic cigarette to a person under 18 years of age. “Distribute” means to give tobacco or an electronic cigarette to another person as a means of promoting, advertising, or marketing the tobacco or electronic cigarette to the general public.

 

Ind. Code § 35-46-1-10: Sale or distribution of tobacco or electronic cigarettes to a minor; defenses

 

A person may not operate a tobacco business within 200 feet of a public or private elementary or secondary school, as measured between the nearest point of the premises occupied by the tobacco business and the nearest point of a building used by the school for instructional purposes.

 

Ind. Code § 35-46-1-11.2(b): Operation of tobacco business near school prohibited

 

Department of Revenue staff reported that distribution of tobacco samples is subject to state tax and licensing requirements.

 

Regulation of the sale, distribution, or display of tobacco products may only be authorized by the General Assembly. An ordinance, bylaw, or rule of a county, city, or township, or a department, board, or agency thereof, or any other political subdivision or agency of the state concerning these matters is void.

 

Ind. Code § 16-41-39-1: General assembly having exclusive regulatory power
Ind. Code § 16-41-39-2: Local ordinances, bylaws, and rules void

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