2022 Regulations for home-based vendors
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. Most individuals who sell goods at farmers’ markets or roadside stands are operating under home-based vendors laws. Indiana passed a law (HB 1149) in 2022, which includes changes that will impact all person’s operating as a home-based vendor. This webpage will help you understand who qualifies as a home-based vendor, which foods home-based vendors are allowed to sell and what has changed in the new law.
745 Agriculture Mall Drive
West Lafayette, IN 47907
Who is a home-based vendor?
Pursuant to newly enacted (effective 7/1/22) code: 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 potentially hazardous 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 allowed to sell non-potentially hazardous foods. Non-potentially hazardous foods are those that do not require refrigeration for food safety. This list of allowable foods has not changed and includes:
- Baked items
- Candy and confections
- Tree nuts, legumes
- Pickles processed in a traditional method (e.g. fermentation)
- Honey, molasses, sorghum, maple syrup
- Mushrooms grown as a product of agriculture (wild mushrooms should be certified)
- Traditional jams, jellies and preserves made from high-acid fruits and using full sugar recipes (This is the only home-canned food allowed.)
- Dehydrated fruits and vegetables
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 potentially hazardous. 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.
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.”
What has changed under the new law?
Two major changes under the new law include 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.
- 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.
HB 1149 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 to the end consumer:
- Must be frozen at point of sale if sold at farmers’ markets or roadside stands
- Must be refrigerated if sold on-farm
- The Indiana Board of Animal Health (BOAH) regulates the slaughter and processing of poultry and poultry products. An individual seeking to engage in these activities should contact BOAH regarding additional requirements.
- Rabbits must include a label that contains the following information:
- Name and address of the producer
- Common or usual name of the food product
- Ingredients of the food product
- Net weight or volume of the food product
- Date on which the food product was processed
- Statement of exemption (for example, the phrase “Exempt under IC 16-42-5-29)
- 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 the Indiana Department of Health. NOT FOR RESALE.”
- 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 listed in HB 1149. Vendors must follow regulations set for these specific products.
other resources for home-based vendors and producers
- Home-Based Vendors Frequently Asked Questions (FAQ) - Indiana State Department of Agriculture (ISDA)
- Webinar Recording- Overview of the New Home-Based Vendor Law (Recorded June 23, 2022)
- Water Activity and pH Testing through the Purdue Food Science Department
- Guidance Document- Sale of Meat and Poultry at Farmers Markets- Board of Animal Health (BOAH)
- Indiana Poultry Exemption Chart- Board of Animal Health (BOAH)
- Indiana State Egg Board Website