HB 1345

                                                             Introduced Version
           HOUSE BILL No. 1345
                 _____
              DIGEST OF INTRODUCED BILL
Citations Affected: IC 15-17-5-6.5; IC 16-18-2; IC 16-20-5.7;
IC 16-42; IC 36-7-2.6.
Synopsis: Various food matters. Establishes the Indiana food
protection panel (panel). Provides that a recipient of an enforcement
action taken by a local health officer following a food establishment
inspection may appeal the action to the panel. Prohibits the health and
hospital corporation or a local health department from imposing
requirements or standards that exceed the minimum sanitary standards
adopted by the Indiana department of health (state department).
Requires the state department to: (1) provide local health departments
with guidelines concerning the interpretation of the state department's
rules; (2) designate an employee as the point of contact for local health
departments on sanitary standards for food establishments; and (3)
distribute the contact information of the designated employee to the
local health departments. Requires the state department to create a
business model determination worksheet and distribute the worksheet
to all the local health departments. Permits an individual vendor at a
farmers' market or roadside stand to sell certain meat products. Adds
provisions concerning limited custom exempt meat product sales.
Prohibits a person from misbranding a food product containing insect
protein and selling a misbranded food product containing insect protein
as a food product. Requires a person selling a food product containing
insect protein to label the food product with a label stating "THIS
PRODUCT CONTAINS INSECT PROTEIN". Prohibits a county, city,
or town (unit) from adopting or enforcing an ordinance that prevents a
person from cultivating a vegetable garden on certain property. Allows
a unit to adopt or enforce an ordinance or regulation that imposes the
same standards and requirements as those imposed on certain property.
Effective: July 1, 2026; July 1, 2027.
                                  Culp
   January 6, 2026, read first time and referred to Committee on Public Health.
2026  IN 1345—LS 6968/DI 150
                                                                                       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. 1345
    A BILL FOR AN ACT to amend the Indiana Code concerning
 health.
     Be it enacted by the General Assembly of the State of Indiana:
1    SECTION 1. IC 15-17-5-6.5, AS ADDED BY P.L.229-2025,
2 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2027]: Sec. 6.5. (a) A person that labels meat products shall
4 not misbrand a cultivated meat product.
5    (b) A cultivated meat product is misbranded if the cultivated meat
6 product is:
7      (1) advertised;
8      (2) labeled; or
9      (3) offered for sale or sold;
10 in a manner that does not clearly indicate that it is a cultivated meat
11 product or not in accordance with rules adopted by the board.
12    (c) The board shall investigate complaints that a person:
13      (1) offered for sale; or
14      (2) sold;
15 a misbranded cultivated meat product.
16    (d) A person shall include the phrase "THIS IS AN IMITATION
17 MEAT PRODUCT" on the package containing a cultivated meat
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1 product.
2    (e) The board may:
3      (1) take any enforcement action authorized under this chapter
4      for violations of this section; or
5      (2) impose a civil penalty of not more than ten thousand
6      dollars ($10,000) on a person that violates this section. Civil
7      penalties collected under this section shall be deposited in the
8      state general fund.
9    (f) Each day a violation continues constitutes a separate offense.
10    (g) After notice and hearing in compliance with IC 4-21.5, the
11 board may seek a court order to enjoin a person from labeling
12 meat products if the person repeatedly and persistently fails to
13 comply with this section and the rules adopted under this section.
14    (e) (h) The board shall adopt rules under IC 4-22-2 to carry out its
15 responsibilities under this section.
16    SECTION 2. IC 16-18-2-137, AS AMENDED BY P.L.49-2022,
17 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18 JULY 1, 2026]: Sec. 137. (a) "Food establishment", for purposes of
19 IC 16-20-5.7, IC 16-42-5, IC 16-42-5.2, and IC 16-42-5.3, and
20 IC 16-42-5.4, means any building, room, basement, vehicle of
21 transportation, cellar, or open or enclosed area occupied or used for
22 handling food.
23    (b) The term does not include the following:
24      (1) A dwelling where food is prepared on the premises by the
25      occupants, free of charge, for their consumption or for
26      consumption by their guests.
27      (2) A gathering of individuals at a venue of an organization that
28      is organized for educational purposes in a nonpublic educational
29      setting or for religious purposes, if:
30(A) the individuals separately or jointly provide or prepare,
31free of charge, and consume their own food or that of others
32attending the gathering; and
33(B) the gathering is for a purpose of the organization.
34      Gatherings for the purpose of the organization include funerals,
35      wedding receptions, christenings, bar or bat mitzvahs, baptisms,
36      communions, and other events or celebrations sponsored by the
37      organization.
38      (3) A vehicle used to transport food solely for distribution to the
39      needy, either free of charge or for a nominal donation.
40      (4) A private gathering of individuals who separately or jointly
41      provide or prepare and consume their own food or that of others
42      attending the gathering, regardless of whether the gathering is
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1      held on public or private property.
2      (5) Except for food prepared by a for-profit entity, a venue of the
3      sale of food prepared for an organization:
4(A) that is organized for:
5(i) religious purposes; or
6(ii) educational purposes in a nonpublic educational setting;
7(B) that is exempt from taxation under Section 501 of the
8Internal Revenue Code; and
9(C) that offers the food for sale to the final consumer at an
10event held for the benefit of the organization;
11      unless the food is being provided in a restaurant or a cafeteria
12      with an extensive menu of prepared foods.
13      (6) Except for food prepared by a for-profit entity, an Indiana
14      nonprofit organization that:
15(A) is organized for civic, fraternal, veterans, or charitable
16purposes;
17(B) is exempt from taxation under Section 501 of the Internal
18Revenue Code; and
19(C) offers food for sale to the final consumer at an event held
20for the benefit of the organization;
21      if the events conducted by the organization take place for not
22      more than fifteen (15) days in a calendar year.
23      (7) The holder of a farm winery permit under IC 7.1-3-12-5 or a
24      brewer's permit under IC 7.1-3-2-7(5) if the requirements of
25      IC 16-42-5-30 are met.
26      (8) A home based vendor or an individual vendor who sells a food
27      product under IC 16-42-5.3.
28    SECTION 3. IC 16-18-2-190.4 IS ADDED TO THE INDIANA
29 CODE AS A NEW SECTION TO READ AS FOLLOWS
30 [EFFECTIVE JULY 1, 2026]: Sec. 190.4. "Insect protein", for
31 purposes of IC 16-42-5.6, means a protein that is:
32      (1) naturally derived from the processing of:
33(A) whole insects; or
34(B) parts of insects; and
35      (2) intended for human consumption.
36    SECTION 4. IC 16-18-2-274, AS AMENDED BY P.L.110-2021,
37 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38 JULY 1, 2026]: Sec. 274. (a) "Person" means, except as provided in
39 subsections (b), (c), (d), and (e), and (f), an individual, a firm, a
40 partnership, an association, a fiduciary, an executor or administrator,
41 a governmental entity, or a corporation.
42    (b) "Person", for purposes of IC 16-25, has the meaning set forth in
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1 IC 16-25-1.1-8.
2    (c) "Person", for purposes of IC 16-31, means an individual, a
3 partnership, a corporation, an association, a joint stock association, or
4 a governmental entity other than an agency or instrumentality of the
5 United States.
6    (d) "Person", for purposes of IC 16-42-5.6, has the meaning set
7 forth in IC 16-42-5.6-0.5.
8    (d) (e) "Person", for purposes of IC 16-42-10, has the meaning set
9 forth in IC 16-42-10-3.
10    (e) (f) "Person", for purposes of IC 16-46-16.5, has the meaning set
11 forth in IC 16-46-16.5-2.
12    SECTION 5. IC 16-20-5.7 IS ADDED TO THE INDIANA CODE
13 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
14 JULY 1, 2026]:
15    Chapter 5.7. Indiana Food Protection Panel
16    Sec. 1. As used in this chapter, "panel" refers to the Indiana
17 food protection panel established by section 2 of this chapter.
18    Sec. 2. (a) The Indiana food protection panel is established.
19    (b) The panel shall hear and decide appeals submitted by
20 individuals cited by a local health officer or local health board
21 under IC 16-20-1 in response to a food establishment inspection.
22    Sec. 3. (a) The panel shall consist of the following three (3)
23 members:
24(1) The commissioner or the commissioner's designee.
25(2) One (1) member appointed by the commissioner who is an
26employee of the food protection division of the state
27department.
28(3) One (1) member appointed by the commissioner who is an
29employee of the state department.
30    (b) A member of the panel serves until:
31(1) the member leaves employment with the state department;
32or
33(2) the member is removed by the commissioner.
34    Sec. 4. (a) A recipient may appeal an enforcement action issued
35 by a local health officer or local health board under IC 16-20-1 or
36 410 IAC 7-26 in response to an alleged violation of:
37(1) IC 16-42-5;
38(2) IC 16-42-5.1 (before its repeal);
39(3) IC 16-42-5.2;
40(4) IC 16-42-5.3; or
41(5) IC 16-42-28;
42 to the panel in a manner prescribed by the panel.
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1    (b) In order to make an appeal under this chapter, the recipient
2 of the enforcement action must file the appeal with the panel not
3 later than seven (7) days after the issuance of the enforcement
4 action. Upon the proper filing of an appeal under this section by a
5 recipient, the panel may stay the enforcement action until final
6 disposition of the appeal.
7    (c) A local health department may disregard the stay of an
8 enforcement action adopted by the panel if an urgent situation
9 caused by a recipient appealing an enforcement action creates a
10 clear and immediate danger to the public's health, safety, or
11 property.
12    (d) The panel may allow a recipient of an enforcement action to
13 continue operating until an appeal is heard by the panel when the
14 preponderance of the evidence indicates that the appeal is likely to
15 succeed.
16    Sec. 5. The panel shall do the following:
17      (1) Determine whether to hear an appeal filed under this
18      chapter not later than three (3) days after the filing of the
19      appeal and issue a denial of an appeal at any time after the
20      filing of the appeal.
21      (2) Inform the appellant in writing that the appeal will not be
22      heard and is considered denied.
23      (3) Hear an appeal not later than seven (7) days after the
24      filing of the appeal.
25      (4) Develop procedures for the review, consideration, and
26      hearing of an appeal filed under this chapter. The procedures
27      must include the following:
28(A) Standards for evaluating an appeal filed under this
29chapter.
30(B) A procedure for consolidating appeals if there are at
31least two (2) appeals filed:
32(i) from the same order; or
33(ii) involving a common question of law and fact.
34(C) Written notice to the appellant and to the local health
35officer who issued the enforcement action of the following:
36(i) The appeal.
37(ii) The date, time, and location of any hearing
38concerning the appeal.
39(D) Procedures for the sharing of information between
40parties and the local board of health concerning the
41circumstances resulting in the enforcement action.
42(E) The order of the proceedings.
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1(F) The maintenance of records concerning a request for
2appeal and any documentation resulting from the
3investigation and hearing of the appeal.
4    Sec. 6. (a) The following individuals must be present at the
5 hearing:
6(1) The appellant, or a representative of the appellant.
7(2) The local health officer who issued the order or citation
8under the enforcement action or the local health officer's
9designee.
10    (b) The failure of an individual described in subsection (a) to be
11 present is not a cause for postponement of the hearing unless the
12 local health officer or the appellant requests and is granted a
13 continuance. The granting of a continuance does not modify any
14 time requirements under this chapter.
15    (c) If an individual described in subsection (a) fails to attend the
16 hearing without notifying the panel, then the panel shall rule in
17 favor of the present individual.
18    Sec. 7. The panel may hear appeals virtually.
19    Sec. 8. The panel shall issue a written decision for any appeal
20 that receives a hearing under this chapter.
21    Sec. 9. The panel shall issue a decision not later than fourteen
22 (14) days after the date of the filing of the appeal.
23    Sec. 10. If an appeal is:
24(1) denied by the panel; or
25(2) ruled in favor of the local health officer;
26 the enforcement actions under IC 16-20-1-26 apply.
27    Sec. 11. (a) A recipient appealing the enforcement action shall
28 pay an appeal fee of one hundred dollars ($100) to the state
29 department. The state department shall use the fees collected under
30 this chapter to administer the panel.
31    (b) If the recipient wins the appeal, the panel shall reimburse
32 the recipient the appeal fee described in subsection (a).
33    SECTION 6. IC 16-42-1-36 IS ADDED TO THE INDIANA CODE
34 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
35 1, 2026]: Sec. 36. (a) The state department shall create a business
36 model determination worksheet and distribute the worksheet to all
37 local health departments.
38    (b) The business model determination worksheet shall include
39 the following information:
40(1) An overview of all the different entities that may receive
41a food safety or a food borne illness violation under this
42article.
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1      (2) A checklist of information that aids the local health
2      department in determining whether a specific entity has
3      violated any relevant food or sanitary requirements.
4      (3) A space for a local health department to identify and cite
5      which food or sanitary violation occurred.
6    (c) In the case of an appeal under IC 16-20-5.7, the local health
7 department shall share the business model determination
8 worksheet with the Indiana food protection panel.
9    SECTION 7. IC 16-42-2-3 IS AMENDED TO READ AS
10 FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 3. A food is considered
11 to be misbranded under any of the following conditions:
12      (1) If the food's labeling is false or misleading in any way.
13      (2) If the food's labeling or packaging fails to conform with the
14      rules adopted under IC 16-42-1-2.
15      (3) If the food is offered for sale under the name of another food.
16      (4) If the food is an imitation of another food, unless the food's
17      label bears, in type of uniform size and prominence, the word
18      "imitation" and, immediately following that term, the name of the
19      food imitated.
20      (5) If the food's container is so made, formed, or filled as to be
21      misleading.
22      (6) If the food is in package form, unless the food bears a label
23      containing the following:
24(A) The name and place of business of the manufacturer,
25packer, or distributor.
26(B) An accurate statement of the quantity of the contents in
27terms of weight, measure, or numerical count. However,
28reasonable variations shall be permitted under this clause and
29exemptions for small packages shall be established by rules
30adopted by the state department.
31      (7) If any word, statement, or other information required under
32      IC 16-42-1 through IC 16-42-4 to appear on the label or labeling
33      is not prominently placed on the food with the conspicuousness
34      (as compared with other words, statements, designs, or devices in
35      the labeling) and in such terms that make the information likely
36      to be read and understood by the ordinary individual under
37      customary conditions of purchase and use.
38      (8) If the food purports to be or is represented as a food for which
39      a definition and standard of identity has been prescribed by rules
40      under section 1 of this chapter, unless:
41(A) the food conforms to that definition and standard; and
42(B) the food's label bears the name of the food specified in the
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1definition and standard, and, insofar as may be required by
2those rules, the common names of optional ingredients (other
3than spices, flavoring, and coloring) present in the food.
4This subdivision with respect to artificial coloring does not apply
5to butter, cheese, or ice cream.
6(9) If the food purports to be or is represented as:
7(A) a food for which a standard of quality has been prescribed
8by rules as provided by section 1 of this chapter and the food's
9quality falls below that standard, unless the label bears, in the
10manner and form as the rules specify, a statement that the food
11falls below that standard; or
12(B) a food for which a standard or standards of fill of container
13have been prescribed by rule under section 1 of this chapter
14and the food falls below the applicable standard of fill of
15container unless the food's label bears, in such manner and
16form as the rules specify, a statement that the food falls below
17that standard.
18(10) If the food is not subject to subdivision (8), unless the food's
19label bears:
20(A) the common or usual name of the food, if any; and
21(B) if the food is fabricated from at least two (2) ingredients,
22the common or usual name of each ingredient. However,
23spices, flavorings, and colorings, other than those sold as such,
24may be designated as spices, flavorings, and colorings without
25naming each. In addition, to the extent that compliance with
26this clause is impracticable or results in deception or unfair
27competition, the state department shall establish exemptions
28by rule.
29This subdivision with respect to artificial coloring does not apply
30to butter, cheese, or ice cream.
31(11) If the food purports to be or is represented to be for special
32dietary uses, unless the food's label bears information concerning
33the food's vitamin, mineral, and other dietary properties that the
34state department determines to be, and by rules prescribes as
35necessary to fully inform purchasers as to the food's value for
36such uses.
37(12) If the food bears or contains any artificial flavoring, artificial
38coloring, or chemical preservative, unless the food bears labeling
39stating that fact. However, to the extent that compliance with the
40requirements of this subdivision is impracticable, the state
41department shall establish exemptions by rule. This subdivision:
42(A) with respect to artificial coloring, does not apply to butter,
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1cheese, or ice cream; and
2(B) with respect to chemical preservatives, does not apply to
3a pesticide chemical when used in or on a raw agricultural
4commodity that is the product of the soil.
5      (13) If the food's labeling or packaging fails to conform with
6      the requirements set forth in IC 16-42-5.6.
7    SECTION 8. IC 16-42-5-5 IS AMENDED TO READ AS
8 FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 5. (a) The state
9 department may adopt rules under IC 4-22-2 for the efficient
10 enforcement of this chapter and to establish minimum sanitary
11 standards for the operation of all food establishments.
12    (b) A corporation or local health department may not impose
13 any requirements or standards that exceed the minimum sanitary
14 standards adopted by the state department.
15    (c) To ensure that enforcement of state laws and rules is
16 uniform throughout Indiana, the state department shall provide to
17 the local health officers who are food environmental health
18 specialists guidelines concerning the interpretation of the state
19 department's rules.
20    SECTION 9. IC 16-42-5-33 IS ADDED TO THE INDIANA CODE
21 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
22 1, 2026]: Sec. 33. The state department shall:
23      (1) designate an employee as the point of contact for local
24      health departments to whom they may submit questions
25      concerning the operation and enforcement of this chapter;
26      and
27      (2) distribute the employee's contact information to each local
28      health department.
29    SECTION 10. IC 16-42-5.3-1, AS AMENDED BY P.L.151-2024,
30 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
31 JULY 1, 2026]: Sec. 1. (a) As used in this chapter, "end consumer"
32 means a person who is the last person to purchase any food product or
33 meat product and who does not resell the food product or meat
34 product.
35    (b) As used in this chapter, "meat product" has the meaning set
36 forth in IC 15-17-2-54.
37    (b) (c) As used in this chapter, "roadside stand" means a structure,
38 including a tent, stand, vehicle, or trailer that is:
39      (1) visible from a road; and
40      (2) located not more than one hundred (100) feet from the edge of
41      the side of the road;
42 where whole uncut produce, food products that are not time
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1 temperature control for safety food, poultry that is exempt under
2 IC 15-17-5-11, rabbits, or eggs permitted for sale by the state egg board
3 are sold to an end consumer.
4     SECTION 11. IC 16-42-5.3-10, AS ADDED BY P.L.49-2022,
5 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6 JULY 1, 2026]: Sec. 10. (a) This section applies to the sale of:
7(1) poultry;
8(2) meat products; and
9(3) rabbits;
10  by an individual vendor of a farmers' market or roadside stand.
11     (b) The following products are exempt from the requirements of this
12 title that apply to food establishments:
13(1) Poultry products produced under IC 15-17-5-11. Poultry
14products sold at a farmers' market or roadside stand must be
15frozen at the point of sale. Poultry products sold on the farm
16where the product is produced must be kept refrigerated at the
17point of sale and through delivery by the producer to the end
18consumer.
19(2) Rabbits that are slaughtered and processed on a farm for the
20purpose of conducting limited sales on the farm, at a farmers'
21market, and at a roadside stand. Rabbit meat sold at a farmers'
22market or roadside stand must be frozen at the point of sale.
23Rabbit meat sold on the farm where the product is produced must
24be kept refrigerated at the point of sale and through delivery by
25the producer to the end consumer. An individual who sells rabbits
26under this subsection shall comply with the label requirements set
27forth in this chapter.
28(3) Meat products from livestock:
29(A) raised on a farm; and
30(B) slaughtered and processed at an official establishment
31in compliance with IC 15-17-5;
32for the purpose of conducting limited sales on the farm, at a
33farmers' market, and at a roadside stand. Meat products from
34livestock sold at a farmers' market or roadside stand or on the
35farm must be frozen at the point of sale and through delivery
36by the producer to the end consumer. An individual who sells
37meat products from livestock under this subsection shall
38comply with the label requirements set forth in this chapter.
39     (c) This section does not apply to the distribution of meat from a
40 game animal.
41     SECTION 12. IC 16-42-5.4 IS ADDED TO THE INDIANA CODE
42 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
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1 JULY 1, 2026]:
2    Chapter 5.4. Limited Custom Exempt Meat Product Sales
3    Sec. 1. As used in this chapter, "custom exempt meat product"
4 refers to a meat product derived from livestock that meets the
5 exemptions established under 9 CFR 303.1.
6    Sec. 2. (a) The production and sale of a custom exempt meat
7 product in accordance with this chapter are exempt from the
8 requirements of this title that apply to food establishments.
9    (b) An individual selling custom exempt meat products under
10 this chapter is not a home based vendor (as described in
11 IC 16-42-5.3-2).
12    Sec. 3. An individual may sell and deliver custom exempt meat
13 products under this chapter if the following criteria are met:
14      (1) The livestock is raised on the individual's farm.
15      (2) The end consumer takes ownership of the livestock before
16      the livestock is slaughtered.
17      (3) The livestock is slaughtered and processed and the meat is
18      labeled in compliance with IC 15-17-5.
19      (4) After picking up the processed and labeled custom exempt
20      meat product, the individual who raised the livestock delivers
21      the processed and labeled meat product to the end consumer
22      that purchased the meat product before the livestock was
23      slaughtered.
24      (5) The individual delivering the meat product to the end
25      consumer does not further alter the custom exempt meat
26      product packaged by a processor.
27    Sec. 4. Custom exempt meat products from livestock sold under
28 this chapter must be kept refrigerated through delivery by the
29 individual delivering the meat products under this chapter to the
30 end consumer.
31    Sec. 5. (a) An individual selling meat products under this
32 chapter is subject to a meat sampling and inspection if:
33      (1) the state department determines that the individual's meat
34      product is:
35(A) misbranded under IC 16-42-2-3; or
36(B) adulterated; or
37      (2) a consumer complaint has been received by the state
38      department.
39    (b) If the state department has reason to believe that an
40 imminent health hazard exists with respect to an individual's meat
41 product, the state department may order cessation of production
42 and sale of the meat product until the state department determines
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1 that the health hazard has been addressed.
2     (c) For purposes of this chapter, the state health commissioner
3 or the commissioner's authorized representatives may take
4 samples for analysis and conduct examinations and investigations
5 through any officers or employees under the state health
6 commissioner's supervision. Those officers and employees may
7 enter, at reasonable times, the facilities of an individual selling
8 meat products under this chapter and inspect any meat products
9 in those places and all pertinent equipment, materials, containers,
10 and labeling.
11     (d) The Indiana state board of animal health shall assist the
12 state department and local health officers in carrying out this
13 section.
14     Sec. 6. Notwithstanding any other law, a local unit of
15 government (as defined in IC 14-22-31.5-1) may not by ordinance
16 or resolution require any licensure, certification, or inspection of
17 a meat product of an individual who sells meat products under this
18 chapter.
19     Sec. 7. (a) For the purpose of enforcing this chapter, the local
20 health officers are food environmental health specialists
21 subordinate to the state department.
22     (b) To ensure that enforcement of state laws and rules is
23 uniform throughout Indiana, the state department shall provide to
24 the local health officers who are food environmental health
25 specialists guidelines concerning the interpretation of the state
26 department's rules.
27     (c) A food environmental health specialist may not enforce the
28 state department's rules concerning an individual under this
29 chapter in a manner that is more strict than the state department's
30 guidelines.
31     SECTION 13. IC 16-42-5.6 IS ADDED TO THE INDIANA CODE
32 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
33 JULY 1, 2026]:
34     Chapter 5.6. Prohibition on Misbranded Alternative Meat
35 Products
36     Sec. 0.5. "Person" means any:
37(1) individual;
38(2) trustee;
39(3) receiver;
40(4) corporation;
41(5) limited liability company;
42(6) partnership;
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1(7) official establishment (as defined in IC 15-17-2-72); and
2(8) other:
3(A) firm;
4(B) organization;
5(C) association;
6(D) cooperative; or
7(E) group of individuals or persons.
8     Sec. 1. A person that labels a food product containing insect
9 protein shall not misbrand a food product containing insect
10 protein.
11     Sec. 2. A food product containing insect protein is misbranded
12 if the food product is knowingly and intentionally:
13(1) advertised;
14(2) labeled; or
15(3) offered for sale or sold;
16 in a manner that does not clearly indicate that the food product
17 contains insect protein.
18     Sec. 3. A person shall include the phrase "THIS PRODUCT
19 CONTAINS INSECT PROTEIN" on the package of a food product
20 containing insect protein.
21     Sec. 4. A local health department shall investigate complaints
22 that a person:
23(1) offered for sale; or
24(2) sold;
25 a misbranded food product containing insect protein.
26     Sec. 5. (a) If the local health department has reasonable cause
27 to believe that a person is violating section 1 of this chapter, the
28 local health department may halt the sale of a food product
29 containing insect protein.
30     (b) Upon receiving an order to halt the sale of a food product
31 containing insect protein, a person may not:
32(1) sell; or
33(2) offer to sell;
34 the product in question until the local health department
35 determines whether the product in question is a misbranded food
36 product containing insect protein.
37     (c) The local health department may require a person to refrain
38 from:
39(1) selling; or
40(2) offering to sell;
41 the product in question until the local health department's
42 investigation is complete.
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1     (d) If the local health department determines that a person:
2(1) offered for sale; or
3(2) sold;
4 a food product containing insect protein as a food product, the
5 local health department may require the person to dispose of the
6 misbranded food products containing insect protein in a manner
7 other than by sale to purchasers in Indiana.
8     Sec. 6. The local health department may impose a civil penalty
9 of not more than ten thousand dollars ($10,000) on a person that
10 knowingly or intentionally violates this chapter. Civil penalties
11 collected under this section shall be deposited in a county's general
12 fund. Each day of violation after the receipt of a notice of a
13 violation of this chapter constitutes a separate violation.
14     Sec. 7. After notice and hearing in compliance with IC 4-21.5, a
15 local health department may seek a court order to enjoin a person
16 from selling misbranded food products containing insect protein if
17 the person repeatedly and persistently fails to comply with this
18 chapter and the requirements set forth in this chapter.
19     SECTION 14. IC 36-7-2.6 IS ADDED TO THE INDIANA CODE
20 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
21 JULY 1, 2026]:
22     Chapter 2.6. Personal Produce
23     Sec. 1. As used in this chapter, "produce" means covered
24 produce (as defined by 21 CFR 112) that is grown for one's own
25 consumption and enjoyment.
26     Sec. 2. A unit may not adopt or enforce an ordinance or
27 regulation that prohibits or has the effect of prohibiting a person
28 from cultivating produce on:
29(1) the person's property; or
30(2) the property of another person with the permission of the
31property owner.
32     Sec. 3. Section 2 of this chapter does not prohibit a unit from
33 adopting ordinances and regulations imposing general standards
34 and requirements on a property where a person produces produce
35 if the standards and requirements are the same as those imposed
36 on other property within the zoning district.
37     Sec. 4. This chapter does not impair the terms of any contract,
38 including the governing documents (as defined in IC 32-25.5-2-3)
39 of a homeowners association.
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