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Indiana Can you legally sell food from home in Indiana?

Cottage Food Law

LAW UPDATE

In 2021, Indiana passed a new bill (SB 185) that may improve their cottage food law in 2022.

This bill creates a working group which is tasked with determining recommendations for cottage food businesses. Most likely, the group’s findings will be used to try to pass a bill in 2022 to improve the law.

To learn more, and to help, please see this Facebook group.

Indiana’s laws are very restrictive in they only allow sales at farmers markets and roadside stands.

Aside from that, however, the laws are quite lenient.  Home based vendors can sell any types of nonperishable foods, and there is no limit for how much they can sell. Also, there is no registration, fees, or process to get setup.

Selling Where can you sell homemade food products?

You may take pre-orders (over the internet, for instance), but customers must pick up their products from your farmers market booth or roadside stand.

Starting a cottage food business?

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How To Start A Cottage Food Business

Allowed Foods What food products can you sell from home?

You can only sell fermented produce, if it is not stored in an oxygen-sealed container.

If you can to sell honey, see this document.

You can sell whole chickens or rabbits that you raised, if you meet certain requirements.

Only "non-potentially hazardous" foods are allowed, but certain non-PHFs may not be allowed. Most foods that don't need to be refrigerated (foods without meat, cheese, etc.) are considered non-potentially hazardous. Learn more

Limitations How will your home food business be restricted?

Limitations
There is no sales limit

Labeling How do you label cottage food products?

Sample Label

Chocolate Chip Cookies

"This product is home produced and processed and the production area has not been inspected by the State Department of Health." (10-point type)


Forrager Cookie Company

123 Chewy Way, Cookietown, IN 73531


Ingredients: enriched flour (wheat flour, malted barley flour, niacin, iron, thiamin mononitrate, riboflavin, folic acid), butter (cream, salt), semi-sweet chocolate (sugar, chocolate, cocoa butter, milkfat, soy lecithin, natural flavors), brown sugar, granulated sugar, eggs, vanilla extract (vanilla bean extract, alcohol, sugar), baking soda, salt (salt, calcium silicate)


Produced on 10/22/2021


NET WT 2 lb 4 oz (1.02 kg)


In addition to net weight, the label must also include the volume of the product.

If a labeling a product isn’t practical (e.g. the product isn’t packaged), you may place a placard with the same information up at the point of sale.

Resources Where can you find more information about this law?

Department
Health
Contacts

Lisa Harrison

Job Title
Training Specialist
Organization
Food Protection Program
Department
Indiana State Department of Health
Email
lharriso@isdh.in.gov
Telephone
317-234-8569
Address
100 N. Senate Ave. Room N855
Indianapolis, IN 46204
Law Dates
July 2009
HB 1309
July 2021
SB 185

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Starting a cottage food business?

TAKE THE FREE MINI COURSE

How To Start A Cottage Food Business

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Comments

Hi. I was approached by someone who wants to sell bread to our employees that they make at home. Can they legally sell the products in our parking lot to employees as they leave for the day and would we be liable for anything?

I scanned through the comments and didn’t see this addressed, apologies if I missed it… I roast green coffee beans at home. WOuld i be allowed to sell the roasted beans under the cottage food law? What about cups of coffee at a farmer’s market? Could they be given away as samples?

I’m wanting to buy sauces (mustard, cheese, ranch) from an individual/farmers market to use at my business, which does not have a commercial kitchen, to go along w/ pre-packaged bread items for snacks for my patrons. Does the individual have to make the items in a commercial kitchen for me to use them. I plan to give away the sauces w/ bread purchase, so the items arent being resold.

    Yes, I think they would not only have to make them in a commercial kitchen, but they would have to individually package them, and you could only use sauces that don’t require refrigeration. You should contact the health dept about this.

    If you are selling commercially-packaged and unopened drinks (which do not require refrigeration), then you should be able to sell them, though you may need a special permit to do so. You should contact the ag dept to learn if there’s a permit.

I would like to start a hobby/business for dog treats, is this covered under the same rules as it isn’t listed as an allowed food.

    You need to contact the health or ag dept about what permits are required to sell commercially-produced ice cream from a cart. You cannot sell homemade ice cream.

Is it legal to make cakes, cupcakes, cookies, etc… for friends and family and get paid, in Indiana? In this scenario does where the good is exchanged still matter? Thanks.

If I am only selling at farmers markets do I need any kind of permission from my local health department? Also do I have to have a business license?

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