Home-Based Vendors

Navigating home-based vendor regulations

If you sell food to an end consumer in the state of Indiana, you are either identified as a Retail Food Establishment or a Home-Based Vendor (HBV). Current Indiana regulations (IC 16-42-5.3) allow individuals to make certain products in their home kitchen and sell those direct-to-consumer as an HBV. These are also known as cottage foods. However, there are several products that carry an inherent food safety risk that cannot be made in someone’s home and sold by an HBV. This webpage will help you understand who qualifies as an HBV, which foods HBVs are allowed to sell, and other requirements HBVs must follow in Indiana.

Contact Us

Department of Food Science
Tari Gary
tgary@purdue.edu
745 Agriculture Mall Drive
West Lafayette, IN 47907

Home-Based Vendor Handbook

In partnership with Health First Indiana and Purdue University, IDOH is proud to publish the Indiana Home-Based Vendor Handbook. With the integration of academic resources and state laws, this handbook is intended to serve as a guide to identify food products that can be safely prepared and sold within the State of Indiana under Home-Based Vendor (HBV) Regulations.

View the Handbook

Who is a home-based vendor?

Pursuant to IC 16-42-5.3, “A home based vendor shall prepare and sell only a food product that is:

made, grown, or raised by an individual at the individual's primary residence, including any permanent structure that is on the same property as the residence
not a TCS food product
prepared using proper sanitary procedures
not resold (e.g. you must sell to the end user and not to someone who intends to resell; if you did this you must be licensed as a wholesaler).

What products may a home-based vendor sell?

Home-based vendors are not allowed to sell TCS foods, or time-temperature control for safety foods. TCS foods, as stated in IC 16-18-2-351.7, require time or temperature control to limit the growth of pathogenic bacteria or formation of toxins. TCS foods were previously referred to as “potentially hazardous foods” in Indiana Code. The following products and/or ingredients are examples of TCS foods that CANNOT be sold by HBVs:

An animal food that is raw or heat-treated
A plant food that is heat-treated
Raw seed sprouts
Cut melon
Cut leafy greens
Garlic-in-oil

HBVs may sell non-TCS foods that do not require refrigeration for food safety. This list of allowable foods includes:

Baked items such as cookies, cupcakes, cake pops, bread, and muffins
Candy and confections such as chocolates, nougats, caramels, chocolate covered nuts
Tree nuts, legumes
Honey, molasses, maple syrup
Traditional jams, jellies and preserves made from high-acid fruits and using full sugar recipes (This is the only home-canned food allowed.)

There may be other potential products that are acceptable. For specific guidance contact your local health department.

As of July 1, 2023, whole, uncut produce is no longer regulated under home-based vendor regulations.

Water activity and pH testing may help you determine if your product is TCS. Some county health departments may also request that HBVs test their product's pH and water activity. Click the link below to learn more about product testing through the Food Entrepreneurship and Manufacturing Institute within the Purdue Food Science Department.

WATER ACTIVITY & PH TESTING

What are the labeling requirements?

All food products produced by home-based vendors must include the following information:

The name and address of the producer
The common or usual name of the food product
The ingredients of the food product, in descending order by predominance by weight
The net weight or volume of the food product by standard measure or numerical count
The date on which the food product was processed
The following statement in at least 10 point type: “This product is home produced and processed and the production area has not been inspected by Indiana Department of Health. NOT FOR RESALE.”

2022 changes to hbv regulation

In 2022, Indiana passed HB 1149 which included two major changes to HBV regulations including, 1) how and where products can be sold and 2) the addition of requirements for food handler training.

1. How or where can a home-based vendor sell products? Home-based vendors may now sell their product:

in person, by telephone, or through the Internet and
delivered to the end consumer in person, by mail, or by a third-party carrier.
All HBV products can only be shipped within Indiana and are not allowed to be shipped across state lines.

2. All home-based vendors must “obtain a food handler certificate from a certificate issuer that is accredited by the American National Standards Institute” (ANSI). ServSafe Food Handler training fulfills this requirement. This certification is valid for three years. You have training options to fulfill this requirement.

The Purdue Extension Food Safety Team is offering in-person food handler trainings. Call your local Purdue Extension office or visit the Purdue Extension ServSafe website to find classes as they are scheduled.
For those who prefer an online option, the ServSafe Food Handler training can be taken online at the ServSafe website.

IC 16-42-5.3 Allows for Exemptions from the Requirement to Have a Retail Food Establishment Permit when Selling at a Farmers’ Market or Roadside Stand for:

In-shell chicken eggs can be sold to the end consumer if you are registered with the Indiana State Egg Board and follow the administrative rules.
Poultry and Rabbit sold at a farmers market or roadside stand:
- The following products are exempt from the requirements of this title that apply to food establishments:
  
  (1) Poultry products produced under IC 15-17-5-11. Poultry products sold at a farmers' market or roadside stand must be frozen at the point of sale. Poultry products sold on the farm where the product is produced must be kept refrigerated at the point of sale and through delivery by the producer to the end consumer.
  
  (2) Rabbits that are slaughtered and processed on a farm for the purpose of conducting limited sales on the farm, at a farmers' market, and at a roadside stand. Rabbit meat sold at a farmers' market or roadside stand must be frozen at the point of sale. Rabbit meat sold on the farm where the product is produced must be kept refrigerated at the point of sale and through delivery by the producer to the end consumer. An individual who sells rabbits under this subsection shall comply with the label requirements set forth in this chapter. (c) This section does not apply to the distribution of meat from a game animal.
The exempt products listed above do NOT fall under the category of home-based vendor products. Therefore, they are exempt from the home-based vendor requirements. Vendors must follow regulations set for these specific products.
Pet food and pet treats are not regulated under HBV regulations. Pet food is regulated by the Office of the Indiana State Chemist (OISC). Please visit the OISC website for more information.