Indiana 2025 Regular Session

Indiana House Bill HB1330 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. 1330
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 16-20-1-31; IC 16-22-8-60; IC 16-42-5.2-3;
7	7	IC 32-25.5-3-12; IC 36-1-31.
8	8	Synopsis: Child operated refreshment stands. Provides that a local
9	9	health department, the health and hospital corporation of Marion
10	10	County, a county, a municipality, or a township may not adopt or
11	11	enforce a law, rule, ordinance, or resolution that prohibits or regulates,
12	12	including by requiring a license, permit, or fee, the sale of lemonade or
13	13	other nonalcoholic beverages from a stand on private property by an
14	14	individual who is less than 18 years of age. Provides that the individual
15	15	who operates the stand must comply with certain requirements.
16	16	Provides that a stand is not considered a food establishment and does
17	17	not require a certified food protection manager. Provides that the
18	18	governing documents of a homeowners association may not prohibit or
19	19	regulate, including by requiring a permit or fee, the sale of lemonade
20	20	or other nonalcoholic beverages from a stand on property located in the
21	21	subdivision by an individual who is less than 18 years of age. Provides
22	22	that a homeowners association: (1) does not owe a duty of care to
23	23	persons participating in a beverage sale; and (2) is not liable for any
24	24	injury to persons participating in a beverage sale; except for willful or
25	25	wanton acts or gross negligence of the homeowners association.
26	26	Effective: July 1, 2025.
27	27	Johnson B
28	28	January 13, 2025, read first time and referred to Committee on Commerce, Small Business
29	29	and Economic Development.
30	30	2025 IN 1330—LS 6345/DI 147 Introduced
31	31	First Regular Session of the 124th General Assembly (2025)
32	32	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
33	33	Constitution) is being amended, the text of the existing provision will appear in this style type,
34	34	additions will appear in this style type, and deletions will appear in this style type.
35	35	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
36	36	provision adopted), the text of the new provision will appear in this style type. Also, the
37	37	word NEW will appear in that style type in the introductory clause of each SECTION that adds
38	38	a new provision to the Indiana Code or the Indiana Constitution.
39	39	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
40	40	between statutes enacted by the 2024 Regular Session of the General Assembly.
41	41	HOUSE BILL No. 1330
42	42	A BILL FOR AN ACT to amend the Indiana Code concerning
43	43	health.
44	44	Be it enacted by the General Assembly of the State of Indiana:
45	45	1 SECTION 1. IC 16-20-1-31 IS ADDED TO THE INDIANA CODE
46	46	2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
47	47	3 1, 2025]: Sec. 31. (a) Notwithstanding any other law, a local health
48	48	4 department may not adopt or enforce a law, rule, ordinance, or
49	49	5 resolution that prohibits or regulates, including by requiring a
50	50	6 license, permit, or fee, the sale of lemonade or other nonalcoholic
51	51	7 beverages from a stand on private property by an individual who
52	52	8 is less than eighteen (18) years of age.
53	53	9 (b) A stand that provides the sale of lemonade or other
54	54	10 nonalcoholic beverages on private property by an individual who
55	55	11 is less than eighteen (18) years of age and complies with the
56	56	12 requirements of this section is not a food establishment for
57	57	13 purposes of IC 16-42-5.
58	58	14 (c) An individual who sells lemonade or other nonalcoholic
59	59	15 beverages from a stand, as allowed under subsection (a), must
60	60	16 comply with the following:
61	61	17 (1) If the stand is on private property, obtain the permission
62	62	2025 IN 1330—LS 6345/DI 147 2
63	63	1 of the owner, tenant, or lessee of the private property.
64	64	2 (2) Not operate the stand on more than two (2) consecutive
65	65	3 days nor operate more than eight (8) days in a thirty (30) day
66	66	4 period.
67	67	5 SECTION 2. IC 16-22-8-60 IS ADDED TO THE INDIANA CODE
68	68	6 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
69	69	7 1, 2025]: Sec. 60. (a) Notwithstanding any other law, the
70	70	8 corporation may not adopt or enforce a law, rule, ordinance, or
71	71	9 resolution that prohibits or regulates, including by requiring a
72	72	10 license, permit, or fee, the sale of lemonade or other nonalcoholic
73	73	11 beverages from a stand on private property by an individual who
74	74	12 is less than eighteen (18) years of age.
75	75	13 (b) A stand that provides the sale of lemonade or other
76	76	14 nonalcoholic beverages on private property by an individual who
77	77	15 is less than eighteen (18) years of age and complies with the
78	78	16 requirements of this section is not a food establishment for
79	79	17 purposes of IC 16-42-5.
80	80	18 (c) An individual who sells lemonade or other nonalcoholic
81	81	19 beverages from a stand, as allowed under subsection (a), must
82	82	20 comply with the following:
83	83	21 (1) If the stand is on private property, obtain the permission
84	84	22 of the owner, tenant, or lessee of the private property.
85	85	23 (2) Not operate the stand on more than two (2) consecutive
86	86	24 days nor operate more than eight (8) days in a thirty (30) day
87	87	25 period.
88	88	26 SECTION 3. IC 16-42-5.2-3, AS AMENDED BY P.L.139-2005,
89	89	27 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
90	90	28 JULY 1, 2025]: Sec. 3. This chapter does not apply to the following:
91	91	29 (1) Hospitals licensed under IC 16-21.
92	92	30 (2) Health facilities licensed under IC 16-28.
93	93	31 (3) Housing with services establishments that are required to file
94	94	32 disclosure statements under IC 12-10-15.
95	95	33 (4) Continuing care retirement communities required to file
96	96	34 disclosure statements under IC 23-2-4.
97	97	35 (5) Community mental health centers (as defined in
98	98	36 IC 12-7-2-38).
99	99	37 (6) Private mental health institutions licensed under IC 12-25.
100	100	38 (7) An area agency on aging designated under IC 12-10-1 that
101	101	39 provides food under a nutrition service program. However, the
102	102	40 premises where the food is prepared is not exempt from the
103	103	41 requirements under this chapter.
104	104	42 (8) A food pantry that:
105	105	2025 IN 1330—LS 6345/DI 147 3
106	106	1 (A) is operated or affiliated with a nonprofit organization that
107	107	2 is exempt from federal income taxation under Section
108	108	3 501(c)(3) of the Internal Revenue Code; and
109	109	4 (B) distributes food, which may include food from the United
110	110	5 States Department of Agriculture, to needy persons.
111	111	6 However, a food bank or other facility that distributes donated
112	112	7 food to other organizations is not exempt from the requirements
113	113	8 of this chapter.
114	114	9 (9) A lemonade or other nonalcoholic beverage stand as
115	115	10 described in IC 16-20-1-31 or IC 16-22-8-60.
116	116	11 SECTION 4. IC 32-25.5-3-12 IS ADDED TO THE INDIANA
117	117	12 CODE AS A NEW SECTION TO READ AS FOLLOWS
118	118	13 [EFFECTIVE JULY 1, 2025]: Sec. 12. (a) The governing documents
119	119	14 may not prohibit or regulate, including by requiring a permit or
120	120	15 fee, the sale of lemonade or other nonalcoholic beverages from a
121	121	16 stand on private property located in the subdivision by an
122	122	17 individual who is less than eighteen (18) years of age.
123	123	18 (b) An individual who sells lemonade or other nonalcoholic
124	124	19 beverages from a stand, as allowed under subsection (a), must
125	125	20 comply with the following:
126	126	21 (1) If the stand is on private property, obtain the permission
127	127	22 of the owner, tenant, or lessee of the private property in the
128	128	23 subdivision.
129	129	24 (2) Not operate the stand on more than two (2) consecutive
130	130	25 days nor operate more than eight (8) days in a thirty (30) day
131	131	26 period.
132	132	27 (c) A homeowners association:
133	133	28 (1) does not owe a duty of care to persons participating in a
134	134	29 beverage sale described in subsection (a); and
135	135	30 (2) is not liable for any injury to persons participating in a
136	136	31 beverage sale described in subsection (a);
137	137	32 except for willful or wanton acts or gross negligence of the
138	138	33 homeowners association.
139	139	34 SECTION 5. IC 36-1-31 IS ADDED TO THE INDIANA CODE AS
140	140	35 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
141	141	36 1, 2025]:
142	142	37 Chapter 31. Children's Lemonade and Beverage Stands
143	143	38 Sec. 1. Notwithstanding any other law, a unit may not adopt or
144	144	39 enforce a law, rule, ordinance, or resolution that prohibits or
145	145	40 regulates, including by requiring a license, permit, or fee, the sale
146	146	41 of lemonade or other nonalcoholic beverages from a stand on
147	147	42 private property by an individual who is less than eighteen (18)
148	148	2025 IN 1330—LS 6345/DI 147 4
149	149	1 years of age.
150	150	2 Sec. 2. An individual who sells lemonade or other nonalcoholic
151	151	3 beverages from a stand, as allowed under section 1 of this chapter,
152	152	4 must comply with the following:
153	153	5 (1) If the stand is on private property, obtain the permission
154	154	6 of the owner, tenant, or lessee of the private property.
155	155	7 (2) Not operate the stand on more than two (2) consecutive
156	156	8 days nor operate more than eight (8) days in a thirty (30) day
157	157	9 period.
158	158	2025 IN 1330—LS 6345/DI 147