LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
200 W. Washington St., Suite 301
Indianapolis, IN 46204
(317) 233-0696
iga.in.gov
FISCAL IMPACT STATEMENT
LS 7163 NOTE PREPARED: Jan 5, 2022
BILL NUMBER: HB 1298 BILL AMENDED:
SUBJECT: Sales and Sampling at Farmers' Markets.
FIRST AUTHOR: Rep. Smaltz BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: This bill allows a county, city, or town to adopt an ordinance to allow the
following at a farmers' market, subject to the consent of the operator of the farmers' market:
(1) A small brewery, farm winery, or artisan distillery to serve complimentary samples of the
alcoholic beverages (product) that they manufacture.
(2) A small brewery or artisan distillery to sell their product in original containers. (Current law
allows a farm winery to sell its wine by the bottle at a farmers' market.)
It provides that the ordinance expires one year after it is adopted.
Effective Date: July 1, 2022.
Explanation of State Expenditures: The bill potentially allows for additional locations at which alcoholic
beverages may be sold. The Alcohol and Tobacco Commission (ATC) would be responsible for enforcing
alcoholic beverage laws at these locations. However, the ATC should be able to accomplish this within
existing staffing and resource levels.
Explanation of State Revenues: To the extent that alcoholic beverage sales increase as a result of increased
availability at farmers’ markets, Alcoholic Beverage Tax and Sales Tax revenue could potentially increase.
However, any increase would be minimal, as an increase in sales at farmers’ markets would likely be offset
by reduced sales at other locations. [Alcoholic Beverage Tax revenue is distributed in varying amounts to
the following funds: General Fund, State Construction Fund, Enforcement and Administration Fund, Pension
Relief Fund, and Addiction Services Fund. Sales Tax revenue is primarily deposited in the General Fund.]
HB 1298 1 Explanation of Local Expenditures: If a county, city, or town holds additional meetings to adopt an
ordinance described in the bill, workload and costs could increase. However, the bill’s requirements should
be able to be implemented within existing resources.
Explanation of Local Revenues:
State Agencies Affected: Alcohol and Tobacco Commission.
Local Agencies Affected: Counties, cities, and towns.
Information Sources:
Fiscal Analyst: Lauren Tanselle, 317-232-9586.
HB 1298 2