Indiana Can you legally sell food from home in Indiana?
Cottage Food Law
In 2022, Indiana passed a greatly improved cottage food law (HB 1149). Prior to 2022, producers could only sell at farmers markets and roadside stands.
Under the current law, home-based vendors can sell most types of nonperishable foods directly to consumers within the state, including online sales and in-state shipping.
There is no sales limit, license, or inspection needed, and the law prohibits local governments from adding these things and/or prohibiting homemade food sales.
Although almost all types of nonperishable foods are allowed, this law doesn’t allow producers to sell acidified foods (e.g. pickles, salsas, sauces).
Selling Where can you sell homemade food products?
If you ship your products, you have two options:
- Package your products in sealed packaging that allows the customer to determine if the package has been tampered with
- Maintain a record of each customer’s shipping or delivery address for at least one year
Allowed Foods What food products can you sell from home?
See this guide for more clarification about allowed foods.
You can sell traditional pickles and other fermented produce if it is not stored in oxygen-sealed containers.
If you want to sell honey, see this document.
You can sell whole chickens or rabbits that you raised, if you meet certain requirements.
Limitations How will your home food business be restricted?
Business What do you need to do to sell food from home?
You must take an approved food safety training course, such as Learn2Serve’s Food Handler Training course, which costs $8 and can be completed online in 2 hours.
You must give your local health department a copy of your food handler certificate.
Labeling How do you label cottage food products?
Chocolate Chip Cookies
"This product is home produced and processed and the production area has not been inspected by the state department of health. NOT FOR RESALE." (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 6/3/2023
NET WT 2 lb 4 oz (1.02 kg)
If your products aren’t packaged, you must place the labeling information on a placard at the point of sale.
You must also put the labeling information on your website.
If you ship your products, you have two options:
- Package your products in sealed packaging that allows the customer to determine if the package has been tampered with
- Maintain a record of each customer’s shipping or delivery address for at least one year
Comments
SEAN
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?
Corey Ackerman
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?
Jeremy
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.
David Crabill
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.
Karen
Can cottage food law venders sell bottled water or any other drinks?
David Crabill
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.
T
are craft shows/bazaars considered a prohibited venue under the events category?
David Crabill
Yes. Only farmers markets and roadside stands are allowed.
T
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.
David Crabill
Usually, pet foods are not allowed. http://forrager.com/faq/#pet-food
Harrison
what if we produce the product at a residence, would we put that address down? Are their other options?
David Crabill
You would need to put the address of your home. http://forrager.com/faq/#home-address
Matt White
What about an ice cream stand? Like a roadside ice cream cart
David Crabill
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.
Gwen
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.
David Crabill
Generally, that’s not legal unless you’re making the items in a commercial kitchen. It would technically be possible to sell to friends and family at a farmers market, but that’s not the intent of this law. http://forrager.com/faq/#commercial
Toni Gaeta
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?
David Crabill
You do not need permission from the health dept, but you might need a business license or other licenses. http://forrager.com/faq/#starting