IC 16-44
    ARTICLE 44. PRODUCT LABELING ANDINSPECTION

IC 16-44-1
    Chapter 1. Labeling of Used or Reclaimed Lubricating Oil

IC 16-44-1-1
Labeling requirements; advertisements; violations
    Sec. 1. (a) A person who deals in retail in:
        (1) previously used or previously used and reclaimed;
        (2) refined;
        (3) recleaned; or
        (4) reconditioned:
lubricating oils, lubricants, or mixtures of lubricants shall at all timeshave every container or item of equipment in or through which anyof those products are sold, kept for sale, displayed, or dispensedplainly labeled under subsection (b).
    (b) The products described in subsection (a) must be plainlylabeled in lettering:
        (1) as large as any other lettering on the product; or
        (2) in letters at least one-half (1/2) inch in height;
whichever is larger, stating that the contents comprise a previouslyused product.
    (c) A person who publishes, displays, or circulates anadvertisement offering for sale any:
        (1) previously used or previously used and reclaimed;
        (2) rerefined;
        (3) recleaned; or
        (4) reconditioned;
lubricating oils, lubricants, or mixtures of lubricants shall state in theadvertisement, in letters at least as large as any other lettering in theadvertisement, the fact that the products have been previously used.
    (d) A person who recklessly violates this section commits a ClassB misdemeanor.
As added by P.L.2-1993, SEC.27.

IC 16-44-1-2
Injunction
    Sec. 2. (a) A person who deals at retail:
        (1) in:
            (A) previously used or previously used and reclaimed;
            (B) refined;
            (C) recleaned; or
            (D) reconditioned;
        lubricating oils, lubricants, or mixtures of lubricants; and
        (2) without:
            (A) plainly labeling, as required by this chapter, eachcontainer or item of equipment in or through which any of

the products described in subdivision (1) are sold, kept forsale, displayed, or dispensed; or
            (B) inserting in any advertisement of those products astatement required by this chapter that the products havebeen previously used, reclaimed, rerefined, recleaned, orreconditioned;
may be enjoined from selling or offering, displaying, or advertisingfor sale any of the products described in subdivision (1).
    (b) An action for an injunction under this section may be broughtin any court having jurisdiction to hear and decide cases in thecounty in which the defendant resides. The action for an injunctionmay be brought by the following:
        (1) The attorney general.
        (2) The prosecuting attorney for the county.
    (c) The authority granted by this section is in addition to theauthority to criminally prosecute a person for a violation of thischapter.
As added by P.L.2-1993, SEC.27.

IC 16-44-1-3
Temporary injunction; prohibition; right to hearing
    Sec. 3. This chapter does not confer upon any court the right togrant temporary restraining orders or temporary injunctions underthis chapter, and an injunction may not be issued until the defendanthas had a day in court.
As added by P.L.2-1993, SEC.27.

IC 16-44-1-4
Injunction; purpose
    Sec. 4. (a) The granting or enforcing of an injunction under thischapter is a preventive measure for the protection of the people ofthis state, not a punitive measure.
    (b) The fact that a person has been charged or convicted of aviolation of this chapter does not prevent the issuance of aninjunction to prevent further unlawful dealing in previously used,reclaimed, rerefined, recleaned, or reconditioned lubricating oils,lubricants, or mixtures of lubricants.
    (c) The fact that an injunction has been granted under this chapterdoes not preclude criminal prosecution.
As added by P.L.2-1993, SEC.27.