Introduced Version
SENATE BILL No. 133
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 1-1-2-5.
Synopsis: Right to food. Provides that an individual has the right to:
(1) save and exchange seeds to grow food; and (2) grow, raise,
produce, harvest, and consume the food that the individual chooses for
the individual's own nourishment, sustenance, bodily health, and
well-being. Specifies certain acts that are prohibited. Provides that a
zoning ordinance may restrict but may not prohibit the growing or
raising of food. Specifies that the board of animal health and the United
States Department of Agriculture may enforce a state or federal law,
rule, or regulation concerning animals. Specifies that the right to grow
and raise food may not impair the terms of a lease or contract.
Effective: July 1, 2023.
Doriot
January 9, 2023, read first time and referred to Committee on Agriculture.
2023 IN 133—LS 6199/DI 77 Introduced
First Regular Session of the 123rd General Assembly (2023)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2022 Regular Session of the General Assembly.
SENATE BILL No. 133
A BILL FOR AN ACT to amend the Indiana Code concerning
agriculture and animals.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 1-1-2-5 IS ADDED TO THE INDIANA CODE AS
2 A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1,
3 2023]: Sec. 5. (a) Except as provided in subsection (b), an individual
4 has the right to:
5 (1) save and exchange seeds to grow food; and
6 (2) grow, raise, produce, harvest, and consume the food that
7 the individual chooses;
8 for the individual's own nourishment, sustenance, bodily health,
9 and well-being.
10 (b) Nothing in this section allows an individual to commit:
11 (1) trespassing;
12 (2) theft;
13 (3) the illegal taking, catching, killing, possession, or
14 transportation of an animal;
15 (4) animal cruelty; or
16 (5) an abuse of:
17 (A) private property rights;
2023 IN 133—LS 6199/DI 77 2
1 (B) public lands; or
2 (C) natural resources;
3 in the growing, raising, production, harvesting, consumption, or
4 acquisition of seeds or food.
5 (c) A unit of local government that exercises planning and
6 zoning under IC 36-7-4 may adopt and enforce ordinances and
7 resolutions under IC 36-7-4 that reasonably restrict the growing or
8 raising of food. However, a unit of local government may not adopt
9 or enforce ordinances or resolutions under IC 36-7-4 that prohibit
10 or have the effect of prohibiting the growing or raising of food.
11 (d) Nothing in subsection (a) prohibits the board of animal
12 health or the United States Department of Agriculture from
13 enforcing a state or federal law, rule, or regulation concerning
14 animals, including the humane slaughter of animals.
15 (e) Nothing in subsection (a) may impair the terms of a lease or
16 contract, including the governing documents (as defined by
17 IC 32-25.5-2-3) of a homeowners association.
2023 IN 133—LS 6199/DI 77