LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
FISCAL IMPACT STATEMENT
LS 6953 NOTE PREPARED: Dec 30, 2024
BILL NUMBER: HB 1302 BILL AMENDED:
SUBJECT: Restriction on Single Use Food Service Items.
FIRST AUTHOR: Rep. Errington BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED: GENERAL IMPACT: State
XDEDICATED
FEDERAL
Summary of Legislation: This bill prohibits restaurants and third party food delivery services from
providing customers with plastic single use food service items. It provides that a restaurant or third party food
delivery service shall only provide a nonplastic single use food service item, plastic straw, or condiment
packet to a customer who explicitly requests one or more of the items. It establishes the Citizens Education
and Complaint Fund to further the purposes of the bill. It also makes an appropriation.
Effective Date: July 1, 2025.
Explanation of State Expenditures: Indiana Department of Health: The bill’s requirements will increase
workload for the Indiana Department of Health (IDOH) but should be able to be implemented using existing
staffing and resources. If the agency experiences any expenses to establish the required public education
program and create the required website, as prescribed in the bill, such expenses are to be paid from the
Citizens Education and Complaint Fund established in the bill. [The IDOH’s administrative expenditures
are currently paid from the Tobacco Master Settlement Fund, a dedicated fund.]
Citizens Education and Complaint Fund: The bill establishes the nonreverting Citizens Education and
Complaint Fund. The fund consists of revenue from civil penalties issued by the IDOH for violations of the
bill and is to be administered by the IDOH. Money in the fund is continually appropriated to carry out the
purposes of the fund.
Explanation of State Revenues: Civil Penalties: The IDOH may issue civil penalties of up to $2,000 to
a restaurant or third party delivery service that violates the provisions of the bill, with the amount of the
penalty dependant upon the circumstances of the violation. All funds received from these civil penalties will
be deposited into the fund.
Explanation of Local Expenditures:
Explanation of Local Revenues:
HB 1302 1 State Agencies Affected: Indiana Department of Health.
Local Agencies Affected:
Information Sources:
Fiscal Analyst: Jason Barrett, 317-232-9809.
HB 1302 2