Indiana’s Cottage Food Vending Laws

Indiana is known for its local food scene, with many residents participating in farmer’s markets and roadside stands. If you’re one of these enterprising individuals, it’s essential to understand the legal framework governing home-based food production. Indiana’s recent law, HB 1149, brings significant changes to how home-based vendors operate. This blog post will outline the qualifications for being a home-based vendor, what foods you can sell, and the new regulations you must follow.

Who is a Home-Based Vendor?

As of July 1, 2022, Indiana Code IC 16-42-5.3 defines a home-based vendor as someone who prepares and sells food products made, grown, or raised at their primary residence. These products must:

– Not be potentially hazardous (i.e., they don’t require refrigeration).

– Be prepared using proper sanitary procedures.

– Be sold directly to the end consumer (not for resale).

Allowed Products for Home-Based Vendors:

Home-based vendors in Indiana can sell non-potentially hazardous foods, which don’t need refrigeration for safety. These include:

– Baked goods

– Candy and confections

– Whole, uncut produce

– Tree nuts and legumes

– Traditionally processed pickles (e.g., fermented)

– Honey, molasses, sorghum, maple syrup

– Cultivated mushrooms (wild mushrooms must be certified)

– High-acid fruit jams, jellies, and preserves (using full sugar recipes)

Products With Special Requirements

Certain products like in-shell chicken eggs, poultry, and rabbit have additional requirements:

– Eggs must be sold following Indiana State Egg Board guidelines.

– Poultry and rabbit must be frozen at the point of sale if sold at markets or stands and refrigerated if sold on-farm.

Recent Changes Under New Legislation (HB 1149)

Two significant changes under the new law affect how and where home-based vendors can sell their products:

1. Sales Channels: Home-based vendors can now sell products in person, by phone, or online, and deliver them within Indiana via mail or third-party carriers. However, eggs, poultry, and rabbit can only be sold at farmer’s markets and roadside stands.
2. Food Handler Training: All home-based vendors must obtain a food handler certificate accredited by the American National Standards Institute (ANSI). Options for certification include in-person training through Purdue Extension or online through ServSafe.

Getting Started as a Home-Based Vendor

Indiana makes it relatively easy to start as a home-based vendor:

– No inspections are required before starting.

– No licenses, permits, or registrations are needed.

– No recipe approval or lab testing is mandated.

– Only a food handler’s certification is necessary.

Labeling Requirements

All home-based food products must be labeled with:

– The name and address of the producer.

– The product’s name.

– Ingredients listed by weight.

– Net weight or volume.

– The processing date.

– A statement indicating the product is home-produced and not inspected by the Indiana Department of Health.

Conclusion

Cottage food production supports local economies, offers transparency, and expands consumer choice, especially for those with specific dietary needs. It also creates job opportunities, often empowering people in rural areas. Indiana’s home-based vendor laws offer a fantastic opportunity for local entrepreneurs to thrive while ensuring food safety and consumer protection. By understanding and adhering to these regulations, you can successfully navigate the cottage food industry and contribute to the vibrant local food culture in Indiana.

If you have questions regarding these recent law changes, the Indiana small business attorneys of McNeelyLaw are here to help! Give us a call at (317) 825-5110 today to discuss your situation.

This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.