Indiana 2025 2025 Regular Session

Indiana House Bill HB1505 Introduced / Bill

Filed 01/14/2025

                     
Introduced Version
HOUSE BILL No. 1505
_____
DIGEST OF INTRODUCED BILL
Citations Affected:  IC 12-7-2; IC 12-14-30-9.
Synopsis:  Use of SNAP benefits. Prohibits recipients of Supplemental
Nutrition Assistance Program (SNAP) benefits from purchasing: (1)
energy drinks; (2) sweetened beverages; (3) carbonated beverages; (4)
candy; (5) snack chips; and (6) cookies; with SNAP benefits. Requires
the office of the secretary of family and social services (office) to
provide to an individual, at the time the office approves the individual's
application to receive SNAP benefits, specified educational materials
regarding the effects of diet on an individual's health. Requires the
office to apply for a waiver or authorization to implement the
prohibition if a waiver or authorization from a federal agency is
required, and allows a delay in implementation until the waiver or
authorization is received.
Effective:  July 1, 2025.
Patterson
January 21, 2025, read first time and referred to Committee on Family, Children and
Human Affairs.
2025	IN 1505—LS 7268/DI 119 Introduced
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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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 2024 Regular Session of the General Assembly.
HOUSE BILL No. 1505
A BILL FOR AN ACT to amend the Indiana Code concerning
human services.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 12-7-2-77.3 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2025]: Sec. 77.3. "Energy drink", for purposes of IC 12-14-30-9,
4 has the meaning set forth in IC 12-14-30-9(a).
5 SECTION 2. IC 12-7-2-178.7 IS ADDED TO THE INDIANA
6 CODE AS A NEW SECTION TO READ AS FOLLOWS
7 [EFFECTIVE JULY 1, 2025]: Sec. 178.7. "Snack chip", for purposes
8 of IC 12-14-30-9, has the meaning set forth in IC 12-14-30-9(b).
9 SECTION 3. IC 12-7-2-189.6 IS ADDED TO THE INDIANA
10 CODE AS A NEW SECTION TO READ AS FOLLOWS
11 [EFFECTIVE JULY 1, 2025]: Sec. 189.6. "Sweetened beverage", for
12 purposes of IC 12-14-30-9, has the meaning set forth in
13 IC 12-14-30-9(c).
14 SECTION 4. IC 12-14-30-9 IS ADDED TO THE INDIANA CODE
15 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
16 1, 2025]: Sec. 9. (a) As used in this section, "energy drink" means
17 a beverage that:
2025	IN 1505—LS 7268/DI 119 2
1 (1) contains at least sixty-five (65) milligrams of caffeine per
2 eight (8) fluid ounces; and
3 (2) is advertised or marketed as being specifically designed to
4 provide metabolic stimulation or an increase to the
5 consumer's mental or physical energy.
6 The term does not include coffee or any substantially coffee based
7 beverage.
8 (b) As used in this section, "snack chip" means a small portion
9 of potato, corn, or another ingredient that:
10 (1) has been:
11 (A) sliced, shaped, formed, or otherwise segmented from
12 the potato, corn, or other ingredient; and
13 (B) fried or baked; and
14 (2) is packaged in multiples that are sold for consumption
15 without further preparation.
16 (c) As used in this section, "sweetened beverage" means a
17 nonalcoholic beverage:
18 (1) to which a natural or artificial sweetener is added; and
19 (2) that is sold for human consumption;
20 including a soft drink, fruit juice, vegetable juice, and other
21 flavored beverages.
22 (d) Except as provided in subsection (e), a SNAP recipient may
23 not use SNAP benefits to purchase any of the following:
24 (1) An energy drink.
25 (2) A sweetened beverage.
26 (3) A carbonated beverage.
27 (4) Candy ordinarily packaged and sold for consumption
28 without further preparation.
29 (5) Snack chips.
30 (6) Cookies ordinarily packaged and sold for consumption
31 without further preparation.
32 (e) This section does not apply to the following:
33 (1) A milk product or a product, other than a carbonated
34 beverage or energy drink, containing milk or milk protein.
35 (2) A milk substitute, including soy milk, rice milk, or almond
36 milk.
37 (3) A beverage, other than a carbonated beverage or energy
38 drink, in which the only added sweetener does not add
39 calories to the beverage.
40 (4) A beverage that is:
41 (A) intended by the manufacturer for consumption by an
42 infant; and
2025	IN 1505—LS 7268/DI 119 3
1 (B) commonly referred to as infant formula.
2 (5) A beverage, other than a carbonated beverage or energy
3 drink, intended by the manufacturer for use for weight
4 reduction.
5 (6) A fruit or vegetable juice, other than a carbonated
6 beverage or energy drink, to which no sugar has been added.
7 (7) A beverage or other product, other than a carbonated
8 beverage or energy drink, intended for use as recommended
9 by a health care professional.
10 (8) A beverage or other product, other than a carbonated
11 beverage or energy drink, that contains plant protein sources.
12 (9) A product, other than a carbonated beverage or energy
13 drink, that:
14 (A) is fortified with a vitamin or mineral; and
15 (B) contains a source of protein.
16 (f) The office shall provide to an individual, at the time the office
17 approves the individual's application to receive SNAP benefits,
18 educational materials that:
19 (1) impart information regarding:
20 (A) the importance of eating healthy food; and
21 (B) the negative effect of foods described in subsection (d)
22 on the human body; and
23 (2) include:
24 (A) statistical data regarding the information described in
25 subdivision (1); and
26 (B) information in graphical, pictorial, or video form that
27 allows the recipient to visualize the manner in which an
28 individual's diet can affect the individual's health
29 outcomes.
30 (g) If the office determines that a waiver or authorization by a
31 federal agency is needed to implement this section, the office:
32 (1) shall, not later than September 1, 2025, request the
33 necessary waiver or authorization; and
34 (2) may delay implementation of this section until the waiver
35 or authorization is granted.
2025	IN 1505—LS 7268/DI 119