§ 24-3-5-5 — Mailing or shipping tobacco products; requirements; penalties

Indiana § 24-3-5-5

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

Text

(a) A merchant who mails or ships cigarettes as
part of a delivery sale shall:
(1) use a mailing or shipping service that requires the customer or
a person at least twenty-one (21) years of age who is designated
by the customer to:
(A) sign to accept delivery of the cigarettes; and
(B) present a valid driver's license issued under IC 9-24-3 or an
identification card issued under IC 9-24-16 if the customer or
the customer's designee, in the opinion of the delivery agent or
employee of the mailing or shipping service, appears to be less
than thirty (30) years of age;
(2) provide to the mailing or shipping service used under
subdivision (1) proof of compliance with section 6(a) of this
chapter; and
(3) include the following statement in bold type or capital letters
on an invoice or shipping document:
INDIANA LAW PROHIBITS THE MAILING OR SHIPPING
OF CIGARETTES TO A PERSON LESS THAN
TWENTY-ONE (21) YEARS OF AGE AND REQUIRES
PAYMENT OF ALL APPLICABLE TAXES.
(b) The commission may impose a civil penalty of not more than
one thousand dollars ($1,000) if a mailing or shipping service:
(1) delivers cigarettes as part of a delivery sale without first
receiving proof from the merchant of compliance with section
6(a) of this chapter; or
(2) fails to obtain a signature and proof of identification of the
customer or the customer's designee under subsection (a)(1).
The commission shall deposit amounts collected under this subsection
into the Richard D. Doyle tobacco education and enforcement fund
established by IC 7.1-6-2-6.
(c) The following apply to a merchant that mails or ships cigarettes
as part of a delivery sale without using a third party service as required
by subsection (a)(1):
(1) The merchant shall require the customer or a person at least
twenty-one (21) years of age who is designated by the customer
to:
(A) sign to accept delivery of the cigarettes; and
(B) present a valid driver's license issued under IC 9-24-3 or
identification card issued under IC 9-24-16 if the customer or
the customer's designee, in the opinion of the merchant or the
merchant's employee making the delivery, appears to be less
than thirty (30) years of age.
(2) The commission may impose a civil penalty of not more than
one thousand dollars ($1,000) if the merchant:
(A) delivers the cigarettes without first complying with section
6(a) of this chapter; or
(B) fails to obtain a signature and proof of identification of the
customer or the customer's designee under subdivision (1).
The commission shall deposit amounts collected under this
subdivision into the Richard D. Doyle tobacco education and
enforcement fund established by IC 7.1-6-2-6.

Legislative History

As added by P.L.253-2003, SEC.1. Amended by P.L.160-2005, SEC.9; P.L.49-2020, SEC.23; P.L.111-2021, SEC.96; P.L.163-2025, SEC.58.