IC 7.1-6-2
    Chapter 2. Youth Tobacco Law Enforcement Authority

IC 7.1-6-2-1
Enforcement
    Sec. 1. The commission, an Indiana law enforcement agency, theoffice of the sheriff of a county, or an organized police departmentof a municipal corporation may enforce this article to the extentnecessary to ensure the state's compliance with:
        (1) Section 1926 of the Public Health Service Act (42 U.S.C.300x-26); and
        (2) implementing regulations promulgated by the United StatesDepartment of Health and Human Services.
As added by P.L.256-1996, SEC.2.

IC 7.1-6-2-2
Unannounced inspections
    Sec. 2. The division of mental health and addiction establishedunder IC 12-21 shall coordinate the conduct of random unannouncedinspections at locations where tobacco products are sold ordistributed to ensure compliance with this article. Only thecommission, an Indiana law enforcement agency, the office of thesheriff of a county, or an organized police department of a municipalcorporation may conduct the random unannounced inspections.These entities may use retired or off-duty law enforcement officersto conduct inspections under this section.
As added by P.L.256-1996, SEC.2. Amended by P.L.215-2001,SEC.13.

IC 7.1-6-2-3
Sale of cigarettes without health warning prohibited
    Sec. 3. (a) It is unlawful for a person to sell cigarettes other thanin an unopened package originating with the manufacturer that bearsthe health warning required by federal law.
    (b) A person who violates this section commits a Class Cinfraction.
As added by P.L.256-1996, SEC.2.

IC 7.1-6-2-4
Participation by minor in enforcement action
    Sec. 4. (a) An enforcement officer vested with full police powersand duties may engage a person less than eighteen (18) years of ageas part of an enforcement action under this article if the initial orcontemporaneous receipt or purchase of a tobacco product by aperson less than eighteen (18) years of age occurs under the directionof an enforcement officer vested with full police powers and dutiesand is part of the enforcement action.
    (b) An enforcement officer vested with full police powers andduties shall not:
        (1) recruit or attempt to recruit a person less than eighteen (18)

years of age to participate in an enforcement action undersubsection (a) at the scene of a violation of section 2 of thischapter; or
        (2) allow a person less than eighteen (18) years of age topurchase or receive a tobacco product as part of an enforcementaction under subsection (a) without the written permission ofthe person's parents or legal guardians.
As added by P.L.256-1996, SEC.2.

IC 7.1-6-2-5
Annual report
    Sec. 5. The division of mental health and addiction establishedunder IC 12-21 shall annually prepare for submission to the Secretaryof the United States Department of Health and Human Services thereport required by Section 1926 of the Public Health Service Act (42U.S.C. 300x-26) and implementing regulations promulgated underthat act.
As added by P.L.256-1996, SEC.2. Amended by P.L.215-2001,SEC.14.

IC 7.1-6-2-6
Youth tobacco education and enforcement fund
    Sec. 6. (a) The Richard D. Doyle youth tobacco education andenforcement fund is established. The fund shall be administered bythe commission.
    (b) Expenses of administering the fund shall be paid from moneyin the fund.
    (c) The treasurer of state shall invest the money in the fund notcurrently needed to meet the obligations of the fund in the samemanner as other public money may be invested.
    (d) Money in the fund at the end of a state fiscal year does notrevert to the state general fund.
    (e) Money in the fund shall be used for the following purposes:
        (1) For youth smoking prevention education. The commissionmay contract with the state department of health or the office ofthe secretary of family and social services for youth smokingprevention education programs.
        (2) For education and training of retailers who sell tobaccoproducts. The commission may contract with education andtraining programs of the office of the secretary of family andsocial services, the division of mental health and addiction,enforcement officers, or a program approved by thecommission.
        (3) For the commission, for enforcement of youth tobacco laws.
As added by P.L.177-1999, SEC.9. Amended by P.L.204-2001,SEC.57; P.L.215-2001, SEC.15; P.L.1-2002, SEC.36; P.L.252-2003,SEC.5.

IC 7.1-6-2-7
Reserved
IC 7.1-6-2-8
Payment of civil penalties; late penalties; interest
    Sec. 8. (a) This section applies whenever a civil penalty payableto the Richard D. Doyle youth tobacco education and enforcementfund is imposed.
    (b) The person liable for the civil penalty shall pay the fullamount of the civil penalty to the commission within thirty (30) daysafter final judgment.
    (c) A person who fails to pay a civil penalty within the timespecified in subsection (b) is liable for a late penalty equal to thegreater of the following:
        (1) Twenty-five percent (25%) of the amount of the civilpenalty imposed under IC 35-46-1.
        (2) The lesser of the following:
            (A) Twenty-five dollars ($25) multiplied by the number ofdays that have elapsed after the date that the civil penaltywas imposed by a court.
            (B) Five thousand dollars ($5,000).
    (d) A person who fails to pay a civil penalty within the timespecified in subsection (b) is liable for interest on the unpaid amountof the:
        (1) civil penalty imposed by a court; and
        (2) late penalty imposed under this section.
The interest rate is the adjusted rate of interest as determined underIC 6-8.1-10-1 payable from the date that payment of the amount wasdue.
    (e) A person who fails to pay a civil penalty within the timespecified in subsection (b) is liable for the reasonable documentedout-of-pocket expenses incurred in pursuing collection efforts.
    (f) The commission shall collect the following:
        (1) Civil penalties imposed by a court.
        (2) Late penalties imposed under this section.
        (3) Interest imposed under this section.
        (4) Reasonable documented out-of-pocket expenses incurred inpursuing collection efforts.
    (g) Late penalties and interest imposed under this section shall bedeposited in the Richard D. Doyle youth tobacco education andenforcement fund established by section 6 of this chapter.
As added by P.L.204-2001, SEC.58. Amended by P.L.252-2003,SEC.6.