Sec. 72. (a) “Consumer commodity”, for purposes of IC 16-42-1 through IC 16-42-4, except as otherwise specifically provided by this section, means any food, drug, device, or cosmetic as those terms are defined by this article or in rules adopted under IC 16-42-1.

     (b) The term does not include any of the following:

(1) Tobacco or a tobacco product.

(2) A commodity subject to packaging or labeling requirements imposed under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. § 136) or the provisions of the eighth paragraph under the heading “Bureau of Animal Industry” of the Act of March 4, 1913 (37 Stat. 832-833; 21 U.S.C. §§ 151–157) commonly known as the Virus-Serum Toxin Act.

(3) A drug subject to IC 16-42-3-6(a)(2), IC 16-42-3-4(12), or Section 503(b)(1) or 506 of the Federal Act.

(4) A beverage subject to or complying with packaging or labeling requirements imposed under the Federal Alcohol Administration Act (27 U.S.C. et seq.).

(5) A commodity subject to the Federal Seed Act (7 U.S.C. §§ 1551–1610).

[Pre-1993 Recodification Citation: 16-1-28-3(t).]

As added by P.L.2-1993, SEC.1.