1 | 1 | | |
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2 | 2 | | Introduced Version |
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3 | 3 | | HOUSE BILL No. 1505 |
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4 | 4 | | _____ |
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5 | 5 | | DIGEST OF INTRODUCED BILL |
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6 | 6 | | Citations Affected: IC 12-7-2; IC 12-14-30-9. |
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7 | 7 | | Synopsis: Use of SNAP benefits. Prohibits recipients of Supplemental |
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8 | 8 | | Nutrition Assistance Program (SNAP) benefits from purchasing: (1) |
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9 | 9 | | energy drinks; (2) sweetened beverages; (3) carbonated beverages; (4) |
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10 | 10 | | candy; (5) snack chips; and (6) cookies; with SNAP benefits. Requires |
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11 | 11 | | the office of the secretary of family and social services (office) to |
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12 | 12 | | provide to an individual, at the time the office approves the individual's |
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13 | 13 | | application to receive SNAP benefits, specified educational materials |
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14 | 14 | | regarding the effects of diet on an individual's health. Requires the |
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15 | 15 | | office to apply for a waiver or authorization to implement the |
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16 | 16 | | prohibition if a waiver or authorization from a federal agency is |
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17 | 17 | | required, and allows a delay in implementation until the waiver or |
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18 | 18 | | authorization is received. |
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19 | 19 | | Effective: July 1, 2025. |
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20 | 20 | | Patterson |
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21 | 21 | | January 21, 2025, read first time and referred to Committee on Family, Children and |
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22 | 22 | | Human Affairs. |
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23 | 23 | | 2025 IN 1505—LS 7268/DI 119 Introduced |
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24 | 24 | | First Regular Session of the 124th General Assembly (2025) |
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25 | 25 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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26 | 26 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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27 | 27 | | additions will appear in this style type, and deletions will appear in this style type. |
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28 | 28 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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29 | 29 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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30 | 30 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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31 | 31 | | a new provision to the Indiana Code or the Indiana Constitution. |
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32 | 32 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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33 | 33 | | between statutes enacted by the 2024 Regular Session of the General Assembly. |
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34 | 34 | | HOUSE BILL No. 1505 |
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35 | 35 | | A BILL FOR AN ACT to amend the Indiana Code concerning |
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36 | 36 | | human services. |
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37 | 37 | | Be it enacted by the General Assembly of the State of Indiana: |
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38 | 38 | | 1 SECTION 1. IC 12-7-2-77.3 IS ADDED TO THE INDIANA CODE |
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39 | 39 | | 2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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40 | 40 | | 3 1, 2025]: Sec. 77.3. "Energy drink", for purposes of IC 12-14-30-9, |
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41 | 41 | | 4 has the meaning set forth in IC 12-14-30-9(a). |
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42 | 42 | | 5 SECTION 2. IC 12-7-2-178.7 IS ADDED TO THE INDIANA |
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43 | 43 | | 6 CODE AS A NEW SECTION TO READ AS FOLLOWS |
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44 | 44 | | 7 [EFFECTIVE JULY 1, 2025]: Sec. 178.7. "Snack chip", for purposes |
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45 | 45 | | 8 of IC 12-14-30-9, has the meaning set forth in IC 12-14-30-9(b). |
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46 | 46 | | 9 SECTION 3. IC 12-7-2-189.6 IS ADDED TO THE INDIANA |
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47 | 47 | | 10 CODE AS A NEW SECTION TO READ AS FOLLOWS |
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48 | 48 | | 11 [EFFECTIVE JULY 1, 2025]: Sec. 189.6. "Sweetened beverage", for |
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49 | 49 | | 12 purposes of IC 12-14-30-9, has the meaning set forth in |
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50 | 50 | | 13 IC 12-14-30-9(c). |
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51 | 51 | | 14 SECTION 4. IC 12-14-30-9 IS ADDED TO THE INDIANA CODE |
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52 | 52 | | 15 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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53 | 53 | | 16 1, 2025]: Sec. 9. (a) As used in this section, "energy drink" means |
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54 | 54 | | 17 a beverage that: |
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55 | 55 | | 2025 IN 1505—LS 7268/DI 119 2 |
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56 | 56 | | 1 (1) contains at least sixty-five (65) milligrams of caffeine per |
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57 | 57 | | 2 eight (8) fluid ounces; and |
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58 | 58 | | 3 (2) is advertised or marketed as being specifically designed to |
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59 | 59 | | 4 provide metabolic stimulation or an increase to the |
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60 | 60 | | 5 consumer's mental or physical energy. |
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61 | 61 | | 6 The term does not include coffee or any substantially coffee based |
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62 | 62 | | 7 beverage. |
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63 | 63 | | 8 (b) As used in this section, "snack chip" means a small portion |
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64 | 64 | | 9 of potato, corn, or another ingredient that: |
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65 | 65 | | 10 (1) has been: |
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66 | 66 | | 11 (A) sliced, shaped, formed, or otherwise segmented from |
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67 | 67 | | 12 the potato, corn, or other ingredient; and |
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68 | 68 | | 13 (B) fried or baked; and |
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69 | 69 | | 14 (2) is packaged in multiples that are sold for consumption |
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70 | 70 | | 15 without further preparation. |
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71 | 71 | | 16 (c) As used in this section, "sweetened beverage" means a |
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72 | 72 | | 17 nonalcoholic beverage: |
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73 | 73 | | 18 (1) to which a natural or artificial sweetener is added; and |
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74 | 74 | | 19 (2) that is sold for human consumption; |
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75 | 75 | | 20 including a soft drink, fruit juice, vegetable juice, and other |
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76 | 76 | | 21 flavored beverages. |
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77 | 77 | | 22 (d) Except as provided in subsection (e), a SNAP recipient may |
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78 | 78 | | 23 not use SNAP benefits to purchase any of the following: |
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79 | 79 | | 24 (1) An energy drink. |
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80 | 80 | | 25 (2) A sweetened beverage. |
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81 | 81 | | 26 (3) A carbonated beverage. |
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82 | 82 | | 27 (4) Candy ordinarily packaged and sold for consumption |
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83 | 83 | | 28 without further preparation. |
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84 | 84 | | 29 (5) Snack chips. |
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85 | 85 | | 30 (6) Cookies ordinarily packaged and sold for consumption |
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86 | 86 | | 31 without further preparation. |
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87 | 87 | | 32 (e) This section does not apply to the following: |
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88 | 88 | | 33 (1) A milk product or a product, other than a carbonated |
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89 | 89 | | 34 beverage or energy drink, containing milk or milk protein. |
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90 | 90 | | 35 (2) A milk substitute, including soy milk, rice milk, or almond |
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91 | 91 | | 36 milk. |
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92 | 92 | | 37 (3) A beverage, other than a carbonated beverage or energy |
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93 | 93 | | 38 drink, in which the only added sweetener does not add |
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94 | 94 | | 39 calories to the beverage. |
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95 | 95 | | 40 (4) A beverage that is: |
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96 | 96 | | 41 (A) intended by the manufacturer for consumption by an |
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97 | 97 | | 42 infant; and |
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98 | 98 | | 2025 IN 1505—LS 7268/DI 119 3 |
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99 | 99 | | 1 (B) commonly referred to as infant formula. |
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100 | 100 | | 2 (5) A beverage, other than a carbonated beverage or energy |
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101 | 101 | | 3 drink, intended by the manufacturer for use for weight |
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102 | 102 | | 4 reduction. |
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103 | 103 | | 5 (6) A fruit or vegetable juice, other than a carbonated |
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104 | 104 | | 6 beverage or energy drink, to which no sugar has been added. |
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105 | 105 | | 7 (7) A beverage or other product, other than a carbonated |
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106 | 106 | | 8 beverage or energy drink, intended for use as recommended |
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107 | 107 | | 9 by a health care professional. |
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108 | 108 | | 10 (8) A beverage or other product, other than a carbonated |
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109 | 109 | | 11 beverage or energy drink, that contains plant protein sources. |
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110 | 110 | | 12 (9) A product, other than a carbonated beverage or energy |
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111 | 111 | | 13 drink, that: |
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112 | 112 | | 14 (A) is fortified with a vitamin or mineral; and |
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113 | 113 | | 15 (B) contains a source of protein. |
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114 | 114 | | 16 (f) The office shall provide to an individual, at the time the office |
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115 | 115 | | 17 approves the individual's application to receive SNAP benefits, |
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116 | 116 | | 18 educational materials that: |
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117 | 117 | | 19 (1) impart information regarding: |
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118 | 118 | | 20 (A) the importance of eating healthy food; and |
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119 | 119 | | 21 (B) the negative effect of foods described in subsection (d) |
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120 | 120 | | 22 on the human body; and |
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121 | 121 | | 23 (2) include: |
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122 | 122 | | 24 (A) statistical data regarding the information described in |
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123 | 123 | | 25 subdivision (1); and |
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124 | 124 | | 26 (B) information in graphical, pictorial, or video form that |
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125 | 125 | | 27 allows the recipient to visualize the manner in which an |
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126 | 126 | | 28 individual's diet can affect the individual's health |
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127 | 127 | | 29 outcomes. |
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128 | 128 | | 30 (g) If the office determines that a waiver or authorization by a |
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129 | 129 | | 31 federal agency is needed to implement this section, the office: |
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130 | 130 | | 32 (1) shall, not later than September 1, 2025, request the |
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131 | 131 | | 33 necessary waiver or authorization; and |
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132 | 132 | | 34 (2) may delay implementation of this section until the waiver |
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133 | 133 | | 35 or authorization is granted. |
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134 | 134 | | 2025 IN 1505—LS 7268/DI 119 |
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