Public Policy Committee approves HB 1276 amendment to allow beer and wine sampling at farmers markets; bill passes 9-0

The Public Policy Committee on Monday approved Amendment 16 to House Bill 1276 and then voted 9-0 to advance the bill as amended. The amendment expands where and how certain craft alcohol producers may sell and sample products at farmers markets and makes several related regulatory changes.

Amendment 16 expands privileges for artisan distilleries, craft breweries and farm wineries so they may sell alcoholic beverages for off-premise consumption at farmers markets and allows sampling under set limits: craft breweries may provide up to three 6-ounce samples per customer and farm wineries up to three 1-ounce samples. The amendment also increases expo trade-show days from 60 to 75, allows a retail permit holder of a packaged liquor store to provide free samples of mixed beverages, removes proposed interim study language on third-party delivery, deletes airport DORA language and expands several permit definitions.

Chairman Senator Alting, chair of the Public Policy Committee, described the amendment as a package that addresses multiple issues in a single bill. "My office with Evan has been working on this bill, and it's truly a bill but it's an amendment for farmers markets," Alting said, noting the committee added an opt-out provision to give local governments the ability to prohibit sales or sampling at farmers markets in their jurisdictions.

Why it matters: supporters said sampling helps small producers reach new customers and sustain sales, while public health and prevention groups flagged monitoring and alcohol-content concerns. Andrea Hamoya, founder and CEO of Ashen Elm Cider Company, told the committee sampling at farmers markets was central to her business model: "Sampling guarantees our customers will like what they spend their money on," she said, adding that the company’s farmers market program generates about $200,000 in revenue each summer and has required staff and vehicle investments.

Supporters and opponents: John Willey of 19 Star State Solutions, representing the Indiana Distillers Guild, supported the change allowing artisan distillers to be present at farmers markets even without sampling, saying it helps small distillers gain distribution and local visibility. Tyler Starkey, executive director of the Indiana Beverage Alliance, said the amendment’s sampling language for mixed beverages aligns those beverages with beer and hard cider and supports the change.

Public health groups did not oppose the bill outright but raised concerns. Christina Sesnick, Indiana government relations director for the American Heart Association and speaking with Tobacco Free Indiana, asked that language permitting segregated smoking rooms (Section 8.7) be removed; Chairman Alting responded that the provision had already been removed. Lisa Hutchison, vice president of prevention and policy at Mental Health America of Indiana, said she was neutral on the bill but worried about alcohol-by-volume limits and how officials would track the number of samples a person could receive across multiple vendors at the same event.

Other regulatory changes: the amendment clarifies sample sizes by matching packaged liquor-store sampling allowances (1 ounce for wine, 6 ounces for beer), expands the master food-hall permit definition to include a food hall with at least five food and beverage vendors located in a consolidated city and within 500 feet of a National Register of Historic Places building (a change the sponsor said was primarily for City Market in Indianapolis), and repeals provisions limiting the maximum quantity of liquor, wine and beer that a dealer permit holder can deliver to a consumer.

Committee action: Committee members moved and seconded the amendment and then moved the bill. A roll-call vote recorded Senators Alting, Kyle Walker, Becker, Bush, Grenell, Maxwell, Greg Walker, Spencer, Jackson and Skotsky as voting "aye;" the committee announced the bill passed as amended 9 to 0. The committee record does not specify additional conditions for implementation.

The committee hearing included multiple public witnesses and a short period for committee questions; members repeatedly noted the opt-out provision was intended to allow local governments to limit vendors or prohibit sampling in their communities.

Bill status: House Bill 1276 passed the Public Policy Committee as amended by a 9-0 vote. No floor schedule or subsequent steps were specified in the committee transcript.