Indiana 2025 Regular Session

Indiana House Bill HB1302 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1302
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 16-18-2; IC 16-42-5.5.
7	7	Synopsis: Restriction on single use food service items. Prohibits
8	8	restaurants and third party food delivery services from providing
9	9	customers with plastic single use food service items. Provides that a
10	10	restaurant or third party food delivery service shall only provide a
11	11	nonplastic single use food service item, plastic straw, or condiment
12	12	packet to a customer who explicitly requests one or more of the items.
13	13	Establishes the citizens education and complaint fund to further the
14	14	purposes of the bill. Makes an appropriation.
15	15	Effective: July 1, 2025.
16	16	Errington
17	17	January 13, 2025, read first time and referred to Committee on Public Health.
18	18	2025 IN 1302—LS 6953/DI 150 Introduced
19	19	First Regular Session of the 124th General Assembly (2025)
20	20	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
21	21	Constitution) is being amended, the text of the existing provision will appear in this style type,
22	22	additions will appear in this style type, and deletions will appear in this style type.
23	23	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
24	24	provision adopted), the text of the new provision will appear in this style type. Also, the
25	25	word NEW will appear in that style type in the introductory clause of each SECTION that adds
26	26	a new provision to the Indiana Code or the Indiana Constitution.
27	27	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
28	28	between statutes enacted by the 2024 Regular Session of the General Assembly.
29	29	HOUSE BILL No. 1302
30	30	A BILL FOR AN ACT to amend the Indiana Code concerning
31	31	health and to make an appropriation.
32	32	Be it enacted by the General Assembly of the State of Indiana:
33	33	1 SECTION 1. IC 16-18-2-67.7 IS ADDED TO THE INDIANA
34	34	2 CODE AS A NEW SECTION TO READ AS FOLLOWS
35	35	3 [EFFECTIVE JULY 1, 2025]: Sec. 67.7. "Condiment packet", for
36	36	4 purposes of IC 16-42-5.5, has the meaning set forth in
37	37	5 IC 16-42-5.5-1.
38	38	6 SECTION 2. IC 16-18-2-285.5 IS ADDED TO THE INDIANA
39	39	7 CODE AS A NEW SECTION TO READ AS FOLLOWS
40	40	8 [EFFECTIVE JULY 1, 2025]: Sec. 285.5. "Plastic single use food
41	41	9 service item", for purposes of IC 16-42-5.5, has the meaning set
42	42	10 forth in IC 16-42-5.5-2.
43	43	11 SECTION 3. IC 16-18-2-318.3 IS ADDED TO THE INDIANA
44	44	12 CODE AS A NEW SECTION TO READ AS FOLLOWS
45	45	13 [EFFECTIVE JULY 1, 2025]: Sec. 318.3. "Restaurant", for purposes
46	46	14 of IC 16-42-5.5, has the meaning set forth in IC 16-42-5.5-3.
47	47	15 SECTION 4. IC 16-18-2-331.1 IS ADDED TO THE INDIANA
48	48	16 CODE AS A NEW SECTION TO READ AS FOLLOWS
49	49	17 [EFFECTIVE JULY 1, 2025]: Sec. 331.1. "Single use food service
50	50	2025 IN 1302—LS 6953/DI 150 2
51	51	1 item", for purposes of IC 16-42-5.5, has the meaning set forth in
52	52	2 IC 16-42-5.5-4.
53	53	3 SECTION 5. IC 16-18-2-351.6 IS ADDED TO THE INDIANA
54	54	4 CODE AS A NEW SECTION TO READ AS FOLLOWS
55	55	5 [EFFECTIVE JULY 1, 2025]: Sec. 351.6. "Third party food delivery
56	56	6 service", for purposes of IC 16-42-5.5, has the meaning set forth in
57	57	7 IC 16-42-5.5-5.
58	58	8 SECTION 6. IC 16-42-5.5 IS ADDED TO THE INDIANA CODE
59	59	9 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
60	60	10 JULY 1, 2025]:
61	61	11 Chapter 5.5. Restriction on Single Use Food Service Items
62	62	12 Sec. 1. As used in this chapter, "condiment packet" means an
63	63	13 individual single use plastic container, sealed by the manufacturer
64	64	14 or restaurant, containing a condiment.
65	65	15 Sec. 2. (a) As used in this chapter, "plastic single use food
66	66	16 service item" includes a plastic single use:
67	67	17 (1) cutlery item;
68	68	18 (2) beverage splash stick;
69	69	19 (3) beverage stirrer; or
70	70	20 (4) eating or drinking container.
71	71	21 The term also includes a napkin wrapped in plastic.
72	72	22 (b) The term does not include a condiment packet.
73	73	23 Sec. 3. As used in this chapter, "restaurant" means an
74	74	24 establishment that meets the requirements provided in
75	75	25 IC 7.1-3-20-9.
76	76	26 Sec. 4. As used in this chapter, "single use food service item"
77	77	27 includes a nonplastic single use:
78	78	28 (1) straw;
79	79	29 (2) cutlery item;
80	80	30 (3) napkin;
81	81	31 (4) beverage splash stick;
82	82	32 (5) beverage stirrer; or
83	83	33 (6) eating or drinking container.
84	84	34 Sec. 5. As used in this chapter, "third party food delivery
85	85	35 service" means a website, mobile telephone application, or other
86	86	36 Internet service that offers or arranges for the sale, delivery, or
87	87	37 pickup of food or beverages:
88	88	38 (1) prepared at a restaurant; or
89	89	39 (2) sold from a restaurant.
90	90	40 Sec. 6. (a) A restaurant or third party food delivery service shall
91	91	41 only provide a:
92	92	42 (1) single use food service item;
93	93	2025 IN 1302—LS 6953/DI 150 3
94	94	1 (2) plastic straw; or
95	95	2 (3) condiment packet;
96	96	3 to a customer who explicitly requests one (1) or more of the items.
97	97	4 (b) A single use food service item provided by a restaurant or
98	98	5 third party food delivery service shall not be wrapped in plastic or
99	99	6 offered as a bundled set that includes any of the following items:
100	100	7 (1) A fork.
101	101	8 (2) A spoon.
102	102	9 (3) A knife.
103	103	10 (4) A napkin.
104	104	11 (c) A restaurant or third party food delivery service shall allow
105	105	12 a customer to request a single use food service item, plastic straw,
106	106	13 or condiment packet upon submission of an order. These options
107	107	14 shall be available for all methods of ordering, including:
108	108	15 (1) telephone;
109	109	16 (2) Internet; or
110	110	17 (3) mobile telephone application orders.
111	111	18 (d) A:
112	112	19 (1) restaurant employee; or
113	113	20 (2) third party food delivery service employee;
114	114	21 may not inquire into the reason a customer requests a single use
115	115	22 food service item, plastic straw, or condiment packet.
116	116	23 Sec. 7. (a) Except as provided in subsection (b), a restaurant or
117	117	24 third party food delivery service is prohibited from providing
118	118	25 customers with a plastic single use food service item.
119	119	26 (b) A restaurant or third party food delivery service may
120	120	27 provide customers with plastic single use food service items until
121	121	28 the restaurant or third party food delivery service exhausts the
122	122	29 supply of plastic single use food service items owned by the
123	123	30 restaurant or third party food delivery service as of July 1, 2025.
124	124	31 Sec. 8. The state department shall do the following:
125	125	32 (1) Establish a public education program to disseminate
126	126	33 information regarding the banning of plastic single use food
127	127	34 service items in Indiana.
128	128	35 (2) Publish the requirements for a restaurant or third party
129	129	36 food delivery service to comply with this chapter.
130	130	37 (3) Create a website where members of the public can file a
131	131	38 complaint against a restaurant or third party food delivery
132	132	39 service for violations of this chapter.
133	133	40 Sec. 9. (a) The citizens education and complaint fund is
134	134	41 established for the purpose of funding:
135	135	42 (1) the public education program described in section 8 of this
136	136	2025 IN 1302—LS 6953/DI 150 4
137	137	1 chapter;
138	138	2 (2) the citizen's complaint website described in section 8 of
139	139	3 this chapter; and
140	140	4 (3) the enforcement by the state department of laws
141	141	5 concerning plastic single use food service items.
142	142	6 The fund shall be administered by the state department.
143	143	7 (b) The fund consists of civil penalties deposited by the state
144	144	8 department into the fund for violations of this chapter.
145	145	9 (c) The expenses of administering the fund shall be paid from
146	146	10 money in the fund.
147	147	11 (d) The treasurer of state shall invest the money in the fund not
148	148	12 currently needed to meet the obligations of the fund in the same
149	149	13 manner as other public money may be invested. Interest that
150	150	14 accrues from these investments shall be deposited in the fund.
151	151	15 (e) Money in the fund at the end of a state fiscal year does not
152	152	16 revert to the state general fund.
153	153	17 (f) Money in the fund is continually appropriated to carry out
154	154	18 the purposes of the fund.
155	155	19 Sec. 10. (a) If a restaurant or third party delivery service
156	156	20 violates section 6 of this chapter, the state department may:
157	157	21 (1) seek injunctive relief;
158	158	22 (2) issue an order of compliance notifying the restaurant or
159	159	23 third party delivery service of a violation and requiring
160	160	24 corrective action by a certain date; and
161	161	25 (3) impose a civil penalty of not more than:
162	162	26 (A) five hundred dollars ($500) for a knowing violation;
163	163	27 (B) one thousand dollars ($1,000) for an intentional
164	164	28 violation; and
165	165	29 (C) two thousand dollars ($2,000) for a knowing or
166	166	30 intentional violation of an injunction.
167	167	31 (b) The state department may assess a civil penalty of five
168	168	32 hundred dollars ($500) per day for each day a violation is not
169	169	33 corrected. All civil penalties under this section shall be deposited
170	170	34 in the citizens education and complaint fund established by section
171	171	35 9 of this chapter.
172	172	36 (c) This subsection applies to a violation of section 6 of this
173	173	37 chapter that occurs before July 1, 2026. The state department shall
174	174	38 do the following:
175	175	39 (1) Refrain from imposing a civil penalty on a restaurant or
176	176	40 third party delivery service that violates section 6 of this
177	177	41 chapter.
178	178	42 (2) Issue a warning that explains how the restaurant or third
179	179	2025 IN 1302—LS 6953/DI 150 5
180	180	1 party delivery service violated section 6 of this chapter.
181	181	2 (3) Provide information on compliance with section 6 of this
182	182	3 chapter to the restaurant or third party delivery service that
183	183	4 violated section 6 of this chapter.
184	184	5 Sec. 11. Before July 1, 2026, the state department shall adopt
185	185	6 rules under IC 4-22-2 to implement, enforce, and administer this
186	186	7 chapter.
187	187	2025 IN 1302—LS 6953/DI 150