(a) A tobacco or electronic cigarette vending machine that is located in a public place must bear the following conspicuous notices:
(1) A notice:
- (A) that reads as follows, with the capitalization indicated: "If you are under 21 years of age, YOU ARE FORBIDDEN by Indiana law to buy tobacco or electronic cigarettes from this machine."; or
(B) that:
- (i) conveys a message substantially similar to the message described in clause (A); and
- (ii) is formatted with words and in a form authorized under the rules adopted by the alcohol and tobacco commission.
- (2) A notice that reads as follows, "Smoking by Pregnant Women May Result in Fetal Injury, Premature Birth, and Low Birth Weight.".
- (3) A notice printed in letters and numbers at least one-half (1/2) inch high that displays a toll free phone number for assistance to callers in quitting smoking, as determined by the Indiana department of health.
(b) A person who owns or has control over a tobacco or electronic cigarette vending machine in a public place and who:
- (1) fails to post a notice required by subsection (a) on the vending machine; or
(2) fails to replace a notice within one (1) month after it is removed or defaced;
commits a Class C infraction.
(c) An establishment selling tobacco or electronic cigarettes at retail shall post and maintain in a conspicuous place, at the point of sale, the following:
(1) Signs printed in letters at least one-half (1/2) inch high, reading as follows:
- (A) "The sale of tobacco or electronic cigarettes to persons under 21 years of age is forbidden by Indiana law.".
- (B) "Smoking by Pregnant Women May Result in Fetal Injury, Premature Birth, and Low Birth Weight.".
- (2) A sign printed in letters and numbers at least one-half (1/2) inch high that displays a toll free phone number for assistance to callers in quitting smoking, as determined by the Indiana department of health.
(d) A person who:
- (1) owns or has control over an establishment selling tobacco or electronic cigarettes at retail; and
(2) fails to post and maintain the sign required by subsection (c);
commits a Class C infraction.
As added by P.L.330-1983, SEC.2. Amended by P.L.318-1987, SEC.4; P.L.204-2001, SEC.66; P.L.94-2008, SEC.63; P.L.20-2013, SEC.8; P.L.49-2020, SEC.33; P.L.56-2023, SEC.323.