Indiana 2024 Regular Session

Indiana House Bill HB1074 Latest Draft

Bill / Introduced Version Filed 01/04/2024

                             
Introduced Version
HOUSE BILL No. 1074
_____
DIGEST OF INTRODUCED BILL
Citations Affected:  IC 16-18-2; IC 16-42-5.5; IC 35-52-16-86.5.
Synopsis:  Ban on high fructose corn syrup as food ingredient.
Prohibits businesses from using high fructose corn syrup in food in
Indiana.
Effective:  July 1, 2024.
Bartlett
January 8, 2024, read first time and referred to Committee on Public Health.
2024	IN 1074—LS 6399/DI 150 Introduced
Second Regular Session of the 123rd General Assembly (2024)
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 2023 Regular Session of the General Assembly.
HOUSE BILL No. 1074
A BILL FOR AN ACT to amend the Indiana Code concerning
health.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 16-18-2-41.5 IS ADDED TO THE INDIANA
2 CODE AS A NEW SECTION TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2024]: Sec. 41.5. "Business", for the purpose
4 of IC 16-42-5.5, has the meaning set forth in IC 16-42-5.5-1.
5 SECTION 2. IC 16-18-2-135 IS AMENDED TO READ AS
6 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 135. (a) "Food", for
7 purposes of IC 16-42-1 through IC 16-42-4 and IC 16-42-18, means the
8 following:
9 (1) Articles used for food, drink, confectionery, or condiment for
10 humans.
11 (2) Chewing gum.
12 (3) Articles used for components of any of these articles.
13 (b) "Food", for purposes of IC 16-42-5, and IC 16-42-5.2, and
14 IC 16-42-5.5, means the following:
15 (1) All articles used for food, drink, confectionery, or condiment
16 whether simple, mixed, or compound.
17 (2) All substances or ingredients used in the preparation of the
2024	IN 1074—LS 6399/DI 150 2
1 items described in subdivision (1).
2 SECTION 3. IC 16-18-2-169.7 IS ADDED TO THE INDIANA
3 CODE AS A NEW SECTION TO READ AS FOLLOWS
4 [EFFECTIVE JULY 1, 2024]: Sec. 169.7. "High fructose corn
5 syrup", for purposes of IC 16-42-5.5, has the meaning set forth in
6 IC 16-42-5.5-3.
7 SECTION 4. IC 16-42-5.5 IS ADDED TO THE INDIANA CODE
8 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
9 JULY 1, 2024]:
10 Chapter 5.5. Restrictions on High Fructose Corn Syrup
11 Sec. 1. As used in this chapter, "business" means any of the
12 following entities that exist for profit making purposes:
13 (1) A sole proprietorship.
14 (2) An organization.
15 (3) An association.
16 (4) A corporation.
17 (5) A partnership.
18 (6) A joint venture.
19 (7) A limited partnership.
20 (8) A limited liability partnership.
21 (9) A limited liability company.
22 (10) A business association.
23 Sec. 2. As used in this chapter, "food" has the meaning set forth
24 in IC 16-18-2-135(b).
25 Sec. 3. As used in this chapter, "high fructose corn syrup" has
26 the meaning set forth in 21 CFR 184.1866 as in effect January 1,
27 2023.
28 Sec. 4. (a) A business may not:
29 (1) sell;
30 (2) store;
31 (3) distribute; or
32 (4) hold for service;
33 food containing high fructose corn syrup in Indiana.
34 (b) A business may not use high fructose corn syrup in the
35 preparation of food in Indiana.
36 Sec. 5. The state department may adopt rules under IC 4-22-2
37 to administer this chapter.
38 Sec. 6. The state health commissioner shall enforce the
39 provisions of this chapter.
40 Sec. 7. A person who recklessly violates this chapter commits a
41 Class B misdemeanor.
42 SECTION 5. IC 35-52-16-86.5 IS ADDED TO THE INDIANA
2024	IN 1074—LS 6399/DI 150 3
1 CODE AS A NEW SECTION TO READ AS FOLLOWS
2 [EFFECTIVE JULY 1, 2024]: Sec. 86.5. IC 16-42-5.5-7 defines a
3 crime concerning high fructose corn syrup regulation.
2024	IN 1074—LS 6399/DI 150