Reprinted

February 3, 2009





HOUSE BILL No. 1207

_____


DIGEST OF HB 1207 (Updated February 2, 2009 3:45 pm - DI 77)



Citations Affected: IC 16-18; IC 16-42.

Synopsis: Nutritional information at food establishments. Requires a food establishment with 20 or more locations in Indiana to make certain nutritional information available to customers for each item or unit of food. Establishes civil penalties for violations.

Effective: July 1, 2009.





Brown C




    January 12, 2009, read first time and referred to Committee on Public Health.
    January 27, 2009, reported _ Do Pass.
    February 2, 2009, read second time, amended, ordered engrossed.





Reprinted

February 3, 2009

First Regular Session 116th General Assembly (2009)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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HOUSE BILL No. 1207



    A BILL FOR AN ACT to amend the Indiana Code concerning health.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 16-18-2-137; (09)HB1207.2.1. -->     SECTION 1. IC 16-18-2-137, AS AMENDED BY P.L.3-2008, SECTION 105, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 137. (a) "Food establishment", for purposes of IC 16-42-5, and IC 16-42-5.2, and IC 16-42-14.1, means any building, room, basement, vehicle of transportation, cellar, or open or enclosed area occupied or used for handling food.
    (b) The term does not include the following:
        (1) A dwelling where food is prepared on the premises by the occupants, free of charge, for their consumption or for consumption by their guests.
        (2) A gathering of individuals at a venue of an organization that is organized for educational purposes in a nonpublic educational setting or for religious purposes, if:
            (A) the individuals separately or jointly provide or prepare, free of charge, and consume their own food or that of others attending the gathering; and
            (B) the gathering is for a purpose of the organization.
        Gatherings for the purpose of the organization include funerals, wedding receptions, christenings, bar or bat mitzvahs, baptisms, communions, and other events or celebrations sponsored by the organization.
        (3) A vehicle used to transport food solely for distribution to the needy, either free of charge or for a nominal donation.
        (4) A private gathering of individuals who separately or jointly provide or prepare and consume their own food or that of others attending the gathering, regardless of whether the gathering is held on public or private property.
        (5) Except for food prepared by a for-profit entity, a venue of the sale of food prepared for an the organization:
            (A) that is organized for:
                (i) religious purposes; or
                (ii) educational purposes in a nonpublic educational setting;
            (B) that is exempt from taxation under Section 501 of the Internal Revenue Code; and
            (C) that offers the food for sale to the final consumer at an event held for the benefit of the organization;
        unless the food is being provided in a restaurant or a cafeteria with an extensive menu of prepared foods.
        (6) Except for food prepared by a for-profit entity, an Indiana nonprofit organization that:
            (A) is organized for civic, fraternal, veterans, or charitable purposes;
            (B) is exempt from taxation under Section 501 of the Internal Revenue Code; and
            (C) offers food for sale to the final consumer at an event held for the benefit of the organization;
        if the events conducted by the organization take place for not more than fifteen (15) days in a calendar year.
SOURCE: IC 16-18-2-195.1; (09)HB1207.2.2. -->     SECTION 2. IC 16-18-2-195.1 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 195.1. "Item or unit of food", for purposes of IC 16-42-14.1, has the meaning set forth in IC 16-42-14.1-1.
SOURCE: IC 16-42-14.1; (09)HB1207.2.3. -->     SECTION 3. IC 16-42-14.1 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]:
     Chapter 14.1. Food: Nutritional Information
    Sec. 1. As used in this chapter, "item or unit of food" means:
        (1) an individual food product; or
        (2) a group of food products that have been combined;
that is made available to consumers for consumption.
    Sec. 2. A food establishment with twenty (20) or more locations in Indiana shall make the following nutritional information available to customers for each item or unit of food that is made available to consumers for consumption by the food establishment:
        (1) Total calories.
        (2) Total fat in grams.
        (3) Total saturated fat in grams.
        (4) Total trans fat in grams.
        (5) Total cholesterol in grams.
        (6) Total sodium in milligrams.
        (7) Total carbohydrates in grams.
        (8) Total fiber in grams.
        (9) Total sugars in grams.
        (10) Total protein in grams.
    Sec. 3. (a) Calorie and carbohydrate information required under section 2 of this chapter must be made available to consumers in a manner that allows consumers to consider the information when selecting an item or unit of food for consumption, including presenting the information on the printed and posted menu of the food establishment. Except for calorie and carbohydrate information, the information required under subsection 2 of this chapter must be on a separately printed document made available to consumers.
    (b) Information that is made available to consumers under this chapter on a printed or posted menu of the food establishment must be in:
        (1) the same font and format as; or
        (2) a font and format similar to;
the surrounding information regarding the item or unit of food.
    (c) Information that is made available to consumers under this chapter on a separately printed document must be in a legible font and format appropriate for the type of document chosen.
    Sec. 4. A food establishment that violates this chapter is subject to a civil penalty not to exceed one thousand dollars ($1,000) for each violation per day. Civil penalties collected under this chapter shall be deposited into the following:
        (1) The state general fund, if the state department instituted the enforcement action against the food establishment.
        (2) The general fund of the entity listed under section 5(2) or 5(3) of this chapter that instituted the enforcement action

against the food establishment.
    Sec. 5. The following may enforce the provisions of this chapter:
        (1) The state department.
        (2) The health and hospital corporation of Marion County.
        (3) A local health department.