CHAPTER 1. LABELING OF USED OR RECLAIMED LUBRICATING OIL
IC 16-44
ARTICLE 44. PRODUCT LABELING AND
INSPECTION
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 times
have every container or item of equipment in or through which any
of those products are sold, kept for sale, displayed, or dispensed
plainly labeled under subsection (b).
(b) The products described in subsection (a) must be plainly
labeled 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 previously
used product.
(c) A person who publishes, displays, or circulates an
advertisement 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 the
advertisement, in letters at least as large as any other lettering in the
advertisement, the fact that the products have been previously used.
(d) A person who recklessly violates this section commits a Class
B 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, each
container or item of equipment in or through which any of
the products described in subdivision (1) are sold, kept for
sale, displayed, or dispensed; or
(B) inserting in any advertisement of those products a
statement required by this chapter that the products have
been previously used, reclaimed, rerefined, recleaned, or
reconditioned;
may be enjoined from selling or offering, displaying, or advertising
for sale any of the products described in subdivision (1).
(b) An action for an injunction under this section may be brought
in any court having jurisdiction to hear and decide cases in the
county in which the defendant resides. The action for an injunction
may 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 the
authority to criminally prosecute a person for a violation of this
chapter.
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 to
grant temporary restraining orders or temporary injunctions under
this chapter, and an injunction may not be issued until the defendant
has 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 this
chapter is a preventive measure for the protection of the people of
this state, not a punitive measure.
(b) The fact that a person has been charged or convicted of a
violation of this chapter does not prevent the issuance of an
injunction 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 chapter
does not preclude criminal prosecution.
As added by P.L.2-1993, SEC.27.