Bill Text: IN HB1146 | 2011 | Regular Session | Introduced
Bill Title: Flavored tobacco products and cigarettes.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2011-01-06 - First reading: referred to Committee on Public Policy [HB1146 Detail]
Download: Indiana-2011-HB1146-Introduced.html
Citations Affected: IC 7.1-3-18.5-5; IC 24-3-4.5.
Synopsis: Flavored tobacco products and cigarettes. Makes the
manufacture, distribution, or advertising of flavored cigarettes a Class
A infraction, and provides that the alcohol and tobacco commission
may revoke the registration or sales certificate of a person who
manufactures, distributes, or advertises flavored cigarettes.
Effective: July 1, 2011.
January 6, 2011, read first time and referred to Committee on Public Policy.
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(b) Before enforcing the imposition of a civil penalty or suspending or revoking a certificate under this chapter, the commission shall provide written notice of the alleged violation to the certificate holder and conduct a hearing. The commission shall provide written notice of the civil penalty or suspension or revocation of a certificate to the certificate holder.
(c) Subject to subsection (b), the commission shall revoke the certificate of a person upon a finding by a preponderance of the evidence that the person:
(1) has violated IC 35-45-5-3, IC 35-45-5-3.5, or IC 35-45-5-4;
(2) has committed habitual illegal sale of tobacco as established
under IC 35-46-1-10.2(h); or
(3) has committed habitual illegal entrance by a minor as
established under IC 35-46-1-11.7(f).
(d) Subject to subsection (b), the commission may revoke the
certificate of a person upon a finding by a preponderance of the
evidence that the person has violated IC 24-3-4.5-6 or
IC 24-3-4.5-7.
Chapter 4.5. Flavored Cigarettes
Sec. 1. As used in this chapter, "cigarette" has the meaning set forth in IC 24-3-2-2.
Sec. 2. As used in this chapter, "cigarette flavoring" means an herb, spice, artificial flavor, or natural flavor. The term includes strawberry, grape, orange, clove, cinnamon, pineapple, vanilla, coconut, marijuana, licorice, cocoa, chocolate, cherry, and coffee. The term does not include tobacco or menthol.
Sec. 3. As used in this chapter, "commission" means the alcohol and tobacco commission.
Sec. 4. As used in this chapter, "component parts" means the components that make up a cigarette. The term includes the tobacco, filter, or paper.
Sec. 5. As used in this chapter, "flavored cigarette" means a cigarette that:
(1) contains as an additive or constituent (including a smoke constituent); or
(2) has component parts that contain as an additive or constituent (including a smoke constituent);
a cigarette flavoring that is a characterizing flavor of the cigarette or tobacco smoke.
Sec. 6. A person who manufactures, distributes, or advertises a flavored cigarette commits a Class A infraction.
Sec. 7. A person who possesses a flavored cigarette with the intent to manufacture, distribute, or advertise a flavored cigarette commits a Class A infraction.
Sec. 8. The commission may revoke the registration certificate (as described in IC 6-7-1-16) or the retail sales certificate (as described in IC 7.1-3-18.5-1) held by a person who commits an infraction under section 6 or 7 of this chapter.
