Planning to sell products in Indiana? In this guide, we introduce some state-level regulations for electronics, foods, cosmetics, and other products.
Important: This article only serves as an introduction to safety requirements, substance restrictions, labeling, certification, and other compliance requirements in Indiana. It is not a complete guide and is not kept up to date. Further, keep in mind that national product regulations (e.g. CPSIA) apply in all states.
The Indiana Code Title 13 Article 20.5 sets out substances restrictions requirements for video display devices and recycling requirements for electronic devices in general. It covers topics such as registration programs, substances limitations, reporting requirements, and disposal prohibitions.
The code covers most electronic devices, such as:
- Video display devices
- Mobile phones
This code focuses on the sale of video display devices and the recycling requirements for other electronic devices.
Video display devices
The code provides specific requirements for video display devices’ manufacturers as below:
a. Manufacturers should register with the Department of Environmental Management before selling in Indiana
b. Manufacturers should not sell or offer any video display devices that do not bear a permanent and visible label on the product
c. Manufacturers should submit a compliance certification to the Department of Environmental Management, including a statement claiming that the devices do not contain any of the following substances above the lilit established under the EU RoHS Directive:
- Lead (maximum 0.1% by weight)
- Mercury (maximum 0.1% by weight)
- Cadmium (maximum 0.01% by weight)
- Hexavalent chromium (maximum 0.1% by weight)
- PBDE (maximum 0.1% by weight)
- PBB (maximum 0.1% by weight)
Electronic devices’ recycling
a. A person who collects and recycles electronic devices should register to the Department of Environmental Management
b. A person who collects and recycles electronic devices should report to the Department of Environmental Management for the following information:
- Total weight of electronic waste
- The number of recycling credits
- A list of recyclers in operations
c. No person should dispose of electronic devices waste at a landfill or disposal by burning or incineration
Video display devices manufacturers should provide a certification to the Department of Environmental Management. The certification should include information about the manufacturer company, the product, and a statement declaring the devices is compliant with six substances restrictions set out by the EU RoHS Directive.
Video display devices’ manufacturers should affix a permanent and visible on the devices. The code requires that manufacturers should include at least the following information on the label:
- Manufacturer brand
- Manufacturer contact
- Product SKU
Video display devices’ manufacturers should arrange lab testing before selling their products in Indiana, in order to assess the content of restricted substances such as lead or cadmium. Lab testing companies that offer such testing services include SGS, Intertek, and Bureau Veritas.
Regulation of Food, Drugs, and Cosmetics
The Indiana Code Title 16 Article 42 provides general provisions of food, drug, and cosmetic products to be sold in the state. It covers topics such below:
- Labeling requirements
- Prohibited acts
- Factory inspections
The code focuses on the safety of food, drug, and cosmetic products. Here are some examples of covered products:
- Body lotions
- Facial makeups
- Canned foods
The code sets out the general requirements for food, drug, and cosmetic products as below:
a. Food, drugs, and cosmetics products should comply with the Federal Act (21 U.S. Code CHAPTER 9) before being sold in Indiana
b. Manufacturers of food, drugs, or cosmetics products should register with the state department
c. The code prohibits any misleading or false statement of labels for food, drugs, or cosmetics products
d. Manufacturers of food, drugs, or cosmetics products should arrange inspections for factories and warehouses at reasonable times
e. The code prohibits the sale of adulterated or misbranded food, drug, or cosmetic products
f. The labeling of food, drug, and cosmetic products must be clear and visible on the outside container or wrapper
The code sets out the general requirements as below:
a. Food, drug, and cosmetic products should not contain any misleading information or false advertisement
b. The label should be visible and appears on the outside container or the package of the product
Childhood Lead Poisoning
The Indiana Code Title 16 Article 41 aims to protect children from lead poisoning, by setting out the requirements for the sales of consumer product that might contain lead.
The code covers most consumer products that might contain lead. Here are some examples of covered products:
- Food packages
- Electronic products
- Children’s toys
In this section, we list the requirements for paints and consumer products.
The code sets out specific requirements for paint products (e.g oil paints) retailers as below:
a. Paint products’ retailers should offer lead test kit sales to determine the presence of lead in the products
b. Paint products retailers should provide customers with the federal Environmental Protection Agency pamphlet that is approved by the state department
c. Paint products’ retailers should ensure that at least one employee attends a training program concerning lead hazards
d. Paint products’ retailers should specify on the label if the product contains or may contain lead
The code also sets out the lead requirements for general consumer products as below:
a. No person should sell or offer any consumer products that contain more than 0.009% of lead by weight, as stated in 16 CFR 1303.2
b. The code requires that consumer products must be consistent with relevant federal laws, such as CPSIA or FHSA
c. The code requires products to include a label to state if the item contains lead
The code requires that the labeling should include information such as the following:
- Product SKU
- Manufacturer information
- Warning statement (e.g “This product contain lead”)
- User instruction
Manufacturers should ensure that no excessive amount of lead is contained in their products. Therefore, they should arrange lab testing before selling the products in Indiana.
Product Liability Act
The Indiana Code Title 34 Article 20, also known as the Indiana Product Liability Act, provides a general provision on claims against manufacturers and sellers. It also defines defective products that cause injury or harm to the consumers.
The Act applies to a wide range of consumer products, including the following:
- Children’ products
- Textile products
- Kitchen utensils
- Electronic products
According to the code, sellers or manufacturers are liable for a claimant’s injuries caused by defective products. The code considers products as defective if they:
a. Fail to provide adequate warnings or instructions
b. Carry unreasonable danger to consumers
Consumers can file a claim within two years from the date of injury.
The act specifies that manufacturers are responsible for providing adequate labels to consumers, which might include the following:
- Product SKU
- Manufacturer contacts
- User instructions
- Warning statement
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