§ 24-3-5-4.5 — Delivery sale by merchant; penalties

Indiana § 24-3-5-4.5

• Jurisdiction: Indiana
• Art. 3: TOBACCO PRODUCTS
• Ch. 5: Delivery Sales of Tobacco Products

Text

5. (a) This section applies to a merchant that is
not a cigarette manufacturer.
(b) Except as provided in subsection (d), a merchant may not mail
or ship cigarettes as part of a delivery sale to an Indiana resident or
retailer (as defined in IC 24-3-2-2(d)) that is not a distributor.
(c) If the commission determines that a merchant has violated
subsection (b):
(1) a distributor may not accept a shipment of cigarettes from the
merchant for a period, not to exceed one (1) year, determined by
the commission; and
(2) the commission may impose a civil penalty, not to exceed five
thousand dollars ($5,000), on the merchant for each violation of
subsection (b), as determined by the commission.
(d) A merchant may make a drop shipment of tobacco products to
an Indiana resident or retailer that is billed through a distributor.

Legislative History

As added by P.L.160-2005, SEC.8.