HB 1263

                                                              Introduced Version
            HOUSE BILL No. 1263
                  _____
               DIGEST OF INTRODUCED BILL
Citations Affected: IC 12-7-2; IC 12-14-30-9.5; IC 16-30-1-1.
Synopsis: Use of SNAP benefits. Prohibits Supplemental Nutrition
Assistance Program (SNAP) benefits recipients from using SNAP
benefits to purchase accessory foods, including: (1) energy drinks; (2)
sweetened beverages; (3) soft drinks; (4) corn or potato chips; and (5)
prepared desserts, including cookies, candy, ice cream, cakes, and pies.
Allows SNAP recipients to purchase hot prepared chicken that is not
fried or breaded using SNAP benefits. Requires the office of the
secretary of family and social services to apply for a waiver or
authorization to implement the prohibition and allowance if a waiver
or authorization from a federal agency is required, and allows a delay
in implementation until the waiver or authorization is received.
Requires the Indiana department of health (department) to include
promotion of healthy eating as part of the department's promotion of
health and wellness activities, including by developing and making
available materials that provide guidance on purchasing and preparing
healthy foods on a limited budget.
Effective: July 1, 2026.
                                  Lauer
January 6, 2026, read first time and referred to Committee on Family, Children and Human
Affairs.
2026  IN 1263—LS 6863/DI 148
                                                                                       Introduced
            Second Regular Session of the 124th General Assembly (2026)
 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
 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 2025 Regular Session of the General Assembly.
                   HOUSE BILL No. 1263
   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 12-7-2-1.1 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2026]: Sec. 1.1. "Accessory food", for purposes of
4 IC 12-14-30-9.5, has the meaning set forth in IC 12-14-30-9.5(a).
5     SECTION 2. IC 12-7-2-77.3 IS ADDED TO THE INDIANA CODE
6 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
7 1, 2026]: Sec. 77.3. "Energy drink", for purposes of
8 IC 12-14-30-9.5, has the meaning set forth in IC 12-14-30-9.5(b).
9     SECTION 3. IC 12-7-2-179.6 IS ADDED TO THE INDIANA
10 CODE AS A NEW SECTION TO READ AS FOLLOWS
11 [EFFECTIVE JULY 1, 2026]: Sec. 179.6. "Soft drink", for purposes
12 of IC 12-14-30-9.5, has the meaning set forth in IC 12-14-30-9.5(c).
13     SECTION 4. IC 12-7-2-189.6 IS ADDED TO THE INDIANA
14 CODE AS A NEW SECTION TO READ AS FOLLOWS
15 [EFFECTIVE JULY 1, 2026]: Sec. 189.6. "Sweetened beverage", for
16 purposes of IC 12-14-30-9.5, has the meaning set forth in
17 IC 12-14-30-9.5(d).
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                                   2
1    SECTION 5. IC 12-14-30-9.5 IS ADDED TO THE INDIANA
2 CODE AS A NEW SECTION TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2026]: Sec. 9.5. (a) As used in this section,
4 "accessory food":
5(1) means accessory food items excluded from the definition
6of "staple food" under 7 CFR 271.2; and
7(2) includes the following:
8(A) An energy drink.
9(B) A sweetened beverage.
10(C) A soft drink.
11(D) Corn or potato chips.
12(E) Prepared desserts, including:
13(i) cookies;
14(ii) candy;
15(iii) ice cream;
16(iv) cakes; and
17(v) pies.
18    (b) As used in this section, "energy drink" means a beverage
19 that:
20(1) contains at least sixty-five (65) milligrams of caffeine per
21eight (8) fluid ounces; and
22(2) is advertised or marketed as being specifically designed to
23provide metabolic stimulation or an increase to the
24consumer's mental or physical energy.
25    (c) As used in this section, "soft drink" means a carbonated
26 beverage to which sugar or an artificial sweetener has been added.
27    (d) As used in this section, "sweetened beverage" means a
28 nonalcoholic beverage:
29(1) to which a natural or artificial sweetener is added; and
30(2) that is sold for human consumption;
31 including a soft drink and other flavored beverages.
32    (e) The following apply with regards to SNAP benefits:
33(1) Except as provided in subsection (f), a SNAP recipient may
34not use SNAP benefits to purchase an accessory food.
35(2) A SNAP recipient may use SNAP benefits to purchase hot
36prepared chicken that is not fried or breaded, such as
37rotisserie chicken or grilled chicken fingers.
38    (f) This section does not apply to the following:
39(1) A milk product or a product, other than a soft drink or
40energy drink, containing milk or milk protein.
41(2) A milk substitute, including soy milk, rice milk, or almond
42milk.
 2026  IN 1263—LS 6863/DI 148
                                    3
1(3) A beverage, other than a soft drink or energy drink, in
2which the only added sweetener does not add calories to the
3beverage.
4(4) A beverage that is:
5(A) intended by the manufacturer for consumption by an
6infant; and
7(B) commonly referred to as infant formula.
8(5) A beverage, other than a soft drink or energy drink,
9intended by the manufacturer for use for weight reduction.
10(6) A carbonated beverage to which no sugar or artificial
11sweetener has been added.
12(7) A fruit or vegetable juice, other than a soft drink or energy
13drink, to which no sugar or artificial sweetener has been
14added.
15(8) A beverage or other product, other than a soft drink or
16energy drink, intended for use as recommended by a health
17care professional.
18(9) A beverage or other product, other than a soft drink or
19energy drink, that contains plant protein sources.
20(10) A product, other than a soft drink or energy drink, that:
21(A) is fortified with a vitamin or mineral; and
22(B) contains a source of protein.
23    (g) If the office of the secretary determines that a waiver or
24 authorization by a federal agency is needed to implement this
25 section, the office:
26(1) shall, not later than July 1, 2027, request the necessary
27waiver or authorization; and
28(2) may delay implementation of this section until the waiver
29or authorization is granted.
30    SECTION 6. IC 16-30-1-1 IS AMENDED TO READ AS
31 FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 1. (a) The state
32 department shall carry out health planning and resources development
33 responsibilities and functions within Indiana. The state department
34 shall do the following in the state department's planning activities:
35(1) Promote health and wellness activities.
36(2) Encourage the prevention of disease.
37(3) Encourage innovations in the financing and delivery systems
38for health services.
39(4) Foster competition.
40(5) Consider the accessibility and quality of health care services.
41    (b) The state department shall include promotion of healthy
42 eating as part of the state department's promotion of health and
 2026  IN 1263—LS 6863/DI 148
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1 wellness activities under subsection (a)(1), including by developing
2 and making available materials that provide guidance on
3 purchasing and preparing healthy foods on a limited budget.
2026  IN 1263—LS 6863/DI 148