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.
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.
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.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type
. Also, the
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
this style type
between statutes enacted by the 2008 Regular Session of the General Assembly.
HOUSE BILL No. 1207
A BILL FOR AN ACT to amend the Indiana Code concerning
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
(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
(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
(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
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.