24-3-2-1. Declaration of Policy
Sec. 1. It is declared to be the public policy of this state to promote the public welfare by making unlawful unfair, dishonest, deceptive, destructive and fraudulent business practices now existing in transactions involving the sale of, offer to sell, or inducement to sell cigarettes in this state in wholesale and retail trades. The offering […]
24-3-2-2. Definitions
Sec. 2. Unless the context in this chapter requires otherwise, the term: (a) “Cigarette” shall mean and include any roll for smoking made wholly or in part of tobacco, irrespective of size or shape and irrespective of tobacco being flavored, adulterated, or mixed with any other ingredient, where such roll has a wrapper or cover […]
24-3-2-3. Sale at Less Than Cost; Penalty
Sec. 3. (a) It is a Class A infraction for a retailer or distributor, with intent to injure competitors or destroy or substantially lessen competition, to offer to sell or sell at retail or wholesale cigarettes at less than the cost to him. The registration certificate held by such a distributor under IC 6-7-1 may […]
24-3-2-4. Sale of Multiple Items at Combined Price
Sec. 4. In all offers for sale or sales involving two (2) or more items, at least one (1) of which items is cigarettes, at a combined price, and in all offers for sale or sales, involving the giving of any gift or concession of any kind whatsoever (whether it be coupons or otherwise), the […]
24-3-2-4.7. Failure to Provide Documentary Evidence of Distributor; Penalty; Seizure of Cigarettes or Other Tobacco Products
Sec. 4.7. (a) A retailer shall produce an invoice or other documentary evidence proving that the retailer obtained cigarettes or a tobacco product (as defined in IC 6-7-2-5) from a distributor that holds a valid registration certificate. (b) Each day a retailer fails to produce an invoice or other evidence under subsection (a) constitutes a […]
24-3-2-5. Cost to the Distributor; Further Definition
Sec. 5. When one distributor sells cigarettes to any other distributor, the former shall not be required to include in his selling price to the latter cost to the distributor as provided in section 2(j) of this chapter, but the latter distributor, upon resale to the retailer, shall be subject to the provisions of section […]
24-3-2-6. Exceptions
Sec. 6. The provisions of this chapter shall not apply to sales at retail or sales at wholesale made: (a) in an isolated transaction and not in the usual course of business; (b) where cigarettes are offered for sale or sold in bona fide clearance sales for the purpose of discontinuing trade in such cigarettes […]
24-3-2-7. Sale to Meet Price of Competitor
Sec. 7. (a) Any retailer may offer to sell or sell cigarettes at a price made in good faith to meet the price of a competitor who is selling the same article at cost to him as a retailer, as defined in section 2(i) of this chapter. Any distributor may offer to sell or sell […]
24-3-2-8. Contract in Violation of Chapter; Contract
Sec. 8. Any contract, expressed or implied, made by any person in violation of any of the provisions of this chapter is declared to be an illegal and void contract, and no recovery thereon shall be had. Formerly: Acts 1949, c.51, s.8. As amended by P.L.152-1986, SEC.39.
24-3-2-9. Evidence to Establish Cost
Sec. 9. (a) In determining cost to the retailer and cost to the distributor, the court or the department, as the case may be, shall receive and consider as bearing on the bona fides of such cost evidence tending to show that any person complained against under any of the provisions of this chapter purchased […]