FAQs about Indiana Cottage Food Laws and Regulations, selling your homemade foods in Indiana as a Home Based Vendor (HBV)

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FAQs about Indiana Cottage Food Laws and Regulations, selling your homemade foods in Indiana as a Home Based Vendor (HBV)

FAQs about Indiana Cottage Food Laws, Regulations and Facts: “Home Based Vendors" (HBV)

Answer to frequently asked questions about the Indiana Cottage Food Law, the HBV, see se below. For details of the Indiana Home Based Vendors regulation and its requirements see this page.

 

• Is there a limit to how muchI can sell as a Home-Based Vendor?
  There is not currently a limit on amount of sales..
• Can I sell to customers out of the state of Indiana?
  No, a home based vendor may not ship or deliver food product to an end consumer who is located outside of Indiana.
• What types of Home-Based Vendor products may I produce in my home?
  Specific products are listed in the guidance document.
• Zoning: Will I need to meet local zoning or other laws?
  No. This is because the products are sold at a roadside stand or farmer’s market, and it is not a “food establishment”.
• Can I utilize commercial type equipment such as large rotary mixers in my Home-Based Vendor Operation?
  Yes. The equipment for the production of Home Based Vendor products is not limited.
• Does my equipment, stove and/or refrigerator need to be NSF (a food equipment evaluation group) approved?
  No. As a Home Based Vendor, you are not required to meet NSF standards for your equipment used to manufacture HBV products.
• Farmers Market License: The farmers market where I want to sell my products says I need a food license, even though I am a Home-Based Vendor. Can the market require a license?
  No. There is not a food license available for Home-Based Vendors. However, that Market may have their own licensing.
• Are there any special requirements regarding my home on-site well?
  Well water should be tested annually to ensure there are no harmful bacteria present in the water.
• Are there any concerns related to my home on-site wastewater (septic) system?
  Safe wastewater (septic) systems are advised. Please contact your local health department if you would have an evaluation on the adequacy of the home to handle additional wastewater. The health department can advise you if modifications to the existing system may be necessary. There is also concern of increased grease in the wastewater that may affect home septic systems. Why are some products not allowed to be made and sold under the guidance document?
  Home-Based Vendors are not permitted to produce potentially hazardous food products because of the possibility of bacteria growth and health issues. Please refer to this Home-Based Vendor guidance document to identify products that are allowed.
• Are pet treats allowed to be sold by HBV’s ?
  Yes. However, the HBV must obtain a Commercial Feed License for a fee per item, before any product is distributed. This is regulated by the Office of the State Chemist located at Purdue University. Pet food must contain at least 90% vendor-grown/raised/collected products and must not have any growth hormones administered. Pet Food must be labeled with the following information:
  •  Species of pet for which the food is intended
  • Net weight
  • Guaranteed analysis
  • Ingredient statement
  • Moisture content
  • Name and address of manufacturer
• Can I produce and sell cooked vegetable products, such as tomato sauces, spaghetti sauces, or focaccia bread with roasted vegetables?
  No. Food products made with cooked vegetable products do not qualify under the HBV guidance document. Manufacturers of cooked vegetable products like tomato sauces must meet significant federal and state training and licensing requirements. Cooked vegetables, whether fresh or canned, usually are made from a combination of low acid and acidified foods, and are considered a Potentially Hazardous Food. Cooked vegetables can't be stored at room temperature, which makes them ineligible for production from a Home Based Vendor.
• Can I roast coffee beans in my home kitchen and sell them?
  Yes. You can roast and sell whole bean coffee or ground coffee, as long as you meet all of the provisions of the HBV guidance document (labeling, storage, etc.); however, since beverages are not allowed under the HBV guidance document, you may not sell ready-made coffee.
• Can I bake bread in a wood-fired oven?
  Yes, as long as that oven is in your home kitchen.
• Can I make and sell apple butter, pumpkin butter or other fruit butters?
  Apple butter is acceptable to sell as an HBV if it has a pH of below 4.6. However, other fruit butters are not allowed because they have significantly less sugar and often a lower pH than a traditional jam or jelly. It is the combination of acid, sugar, pectin and heat that assures the safety of jams/jellies.
• Can I press and sell apple cider?
  No. Apple cider is not a food allowed to be produced.
• Are honey and maple syrup covered under the guidance document?
  Yes. Honey and maple syrup are considered HBV foods. However, a warning label must be placed stating “Do not feed honey to infants under one year of age" or some similar warning is common on honey labels. This is because honey may contain spores of the bacterium Clostridium botulinum. If Honey or Maple syrup is produced there are restrictions on the “honey house” or the building used to make the maple syrup.
• Can I make and sell dehydrated meat or poultry?
  No. Dehydrated Meat and poultry are potentially hazardous food and are not allowed under the HBV guidance document exemptions. I lease space in a retail building where I operate a small antique shop. As a Home Based Vendor,
• Can I sell my own baked goods from my shop?
  No. HBV food products can only be sold at roadside stands or farmer’s markets. You also cannot buy HBV products to sell in your shop.
• Can I make and sell hard candies or lollipops?
  Yes. Hard candies, lollipops and peppermint candies are allowed under the HBV guidance document, as long as they are labeled correctly and completely, the label includes any allergens the product may contain, and all other provisions of the guidance are complied with.
  
• Can I make and sell sweet breads, muffins or other baked goods made with fresh fruits and vegetables like zucchini, pumpkin, and strawberries?
  Yes, as long as the fruits or vegetables are incorporated into the batter and properly baked, labeled and packaged. The baked goods may not be decorated or garnished with fresh fruits or vegetables. Vegetable pies are not permitted.
• Can I use homegrown fruits and vegetables in baked goods?
  Yes. You should take care to thoroughly wash the homegrown produce and the fruits or vegetables must be incorporated into the batter and properly baked, labeled and packaged. The baked goods may not be decorated or garnished with fresh fruits or vegetables.
• Can homegrown produce be canned and used for making baked goods, like sweet breads, at a later date?
  Yes, but the HBV must use their own homegrown produce ONLY. A HBV cannot purchase other homegrown produce from other HBVs or merchants, but commercially-canned products can be used for baked goods, like canned pumpkin, cherry pie filling, etc. However, most home-canned products are not approved for production under the Home-Based Vendor Act, with the exception of jams and jellies.
• Can I freeze homegrown produce and use it for making baked goods, like sweet breads, at a later date?
  Yes, as long as the frozen fruits or vegetables are incorporated into the batter and properly baked, labeled and packaged. The baked goods may not be decorated or garnished with fresh or frozen fruits or vegetables.
• Can I make and sell dry bread or “instant” bread mixes?
  Yes. Dry bread mixes are an acceptable product to produce and sell under the HBV guidance document, as long as you meet all requirements of the law. Does my chocolate fountain business qualify as a Home Based Vendor?
  I deliver and set up the fountain, and provide chocolate dipping sauce and items to dip (cut up fruit, pretzels, etc.) that I have prepared in my home kitchen. The type of business you have described is a catering service or food service business and is not eligible to operate under the HBV guidance document. It is a food establishment and needs to be licensed as such.
• Do I have to put a label on my HBV food products?
  Yes, you are required to label your HBV Foods. The basic information that must be on the label is as follows:
  •  There are some very specific labeling requirements for the food product of a HBV. Any food product provided by a HBV shall include a label which contains the following:
  • The name and address of the producer of the food product
  • 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 and volume of the food product by standard measure or numerical county
  • The date on which the food product was processed
  • The following statement in at least 10 point font: “The product is home produced and processed and the production area has not been inspected by the State Department of Health.”
  • The label must be present with and/or on the food at point of sale regardless of whether or not the product is packaged. Unpackaged foods should be considered “labeled” when there is a easily readable sign accompanying the food product.
  • Food products being provided to consumers as open samples can be considered to be labeled when there is a nearby container of the same product labeled according to section 29(b)(5). These samples should be protected from contamination.
• Is it necessary to include allergen labeling for Home Based Vendor Food Products?
  No. It is not a requirement. However, it is strongly encouraged. Allergen labeling means you must identify if any of your ingredients are made from one of the following food groups: milk, eggs, wheat, peanuts, soybeans, fish (including shellfish, crab, lobster or shrimp) and tree nuts (such as almonds, pecans or walnuts). So, if you have an ingredient made with a wheat-based product, there are two options in labeling it: o Include the allergen in the ingredient list. For example, a white bread with the following ingredient listing: whole wheat flour, water, salt and yeast. In this example, the statement “whole wheat flour”, meets the requirements of federal law. o Include an allergen statement ("Contains:") after the ingredient list. For example, a white bread, with the following ingredients: whole wheat flour, water, sodium caseinate, salt and yeast should state “Contains wheat and milk”. The "Contains" statement must reflect all the allergens found in the product. In this example, the sodium caseinate comes from milk.
• Are there any special requirements for tree nuts labeling for allergens?
  No. If HBV food product has tree nuts as an ingredient, it is not mandatory to identify which tree nut you are using. However, it is recommended to include the following label if tree nuts are used: For example, if you made Nut Bread, an acceptable ingredient list would be: Ingredients: wheat flour, water, almonds, salt, yeast.
• Do I have to include my home address on my product labeling or is a post office box sufficient?
  You must use the physical address of your home kitchen on your product label, not a post office box. The purpose of including an address on product labels is to be able to locate the business in case of a recall or trace back associated with a foodborne illness complaint or outbreak. The HBV guidance document specifies that the name and address of the Home Based Vendor must be included on the label.
• Am I required to send my products to a laboratory to obtain an official ingredient list, or is it something I can put together on my own?
  You are not required to have your product analyzed by a laboratory to obtain an official ingredient list. You must, however, list all ingredients, in descending order of predominance by weight. If you use a prepared item in your recipe, you must list sub-ingredients as well. For example, if you use soy sauce as an ingredient, listing soy sauce is not acceptable; soy sauce (wheat, soybeans, salt) is acceptable. If I make and sell wedding cakes, how
• Can I meet the labeling requirements, when I can't stick a label on the cake?
  For wedding cakes, birthday cakes and other specialty cakes that are not easily packaged, you must include all labeling requirements on the invoice and include the invoice with the cake. Smaller cakes must be boxed, and the label must be included on the box. However, these cakes cannot be delivered, they must be picked up at a roadside stand (not a house or residence) or at a farmer’s market. They must not require refrigeration for safety, such as one with a cream cheese base frosting.
• Why can't I sell my Home Based Vendor Products to my favorite restaurant or grocery store?
  Because the kitchen is not routinely inspected, the safe food handling practices are not evaluated by any food safety official. Since the safe food handling practices are not being evaluated, the food is not considered an approved source for use in a restaurant or grocery store. You must be a licensed Food establishment to sell to a restaurant or grocery store. 13
• Can I make and sell products from my motor home kitchen?
  Yes, but only if the motor home is the primary residence of the Home Based Vendor.
• Can I make products in a rented kitchen and sell them?
  No. The HBV food products must be made in the producer’s kitchen in their residence. If you use a commercial kitchen to make your products you are then operating as a Food Business and need to be licensed.
  See IAC 7-24 “Retail Food Establishment Sanitation requirements.” and See applicable U.S. Federal Food laws here. This Indiana Guide, How to Start a Retail Food Business, may be helpful.
• Can I make Home Based Vendor products in an outbuilding on my property, like a shed or a barn?
  Yes. The production area of a HBV is required to be in the vendors primary residence, which may include another building or structure on the premises that will not be routinely inspected. Where
• Can I store ingredients and finished products for my Home Based Vendor business?
  Ingredients and finished HBV products may be stored in your single family domestic residence where the HBV products are made. This includes your kitchen, a spare room or a basement that is free of dampness/water, pests or other insanitary conditions.
• Can nonprofit organizations produce and sell Home Based Vendor food products?
  No. Nonprofits do not have a single family domestic residence and, therefore, do not qualify as a HBV. Also HBV food products are only sold at roadside stands and farmer’s markets.
• Can I sell my HBV Products over the Internet?
  Yes You can advertise your product and take orders on the internet, you and ship directly to consumers WITHIN the state of Indiana. Sales and product delivery must be directly from the producer to the consumer,
• Can I sell my Home-Based Vendor food products to a wholesaler, broker or distributor?
  No. Under the HBV guidance document, it is not legal for a HBV producer to sell to a wholesaler, broker or distributor who would then resell the product.
• Can I advertise my HBV products on my website?
  Yes. You can use your website to advertise your products or market your business, but cannot sell products via your website. They must be picked up at a Farmer’s Market or roadside stand. You also cannot deliver.
• Can I advertise my Home Based Vendor business in the newspaper or at trade shows?
  Yes. Advertising is allowed; however, the actual sale must be made person-to- person between the producer and the consumer at a Farmer’s Market or roadside stand. Is it possible to place my Home-Based Vendor Food products in a store or restaurant on consignment?
  No. Home-Based Vendor food products cannot be sold on consignment. The sale must be person-to-person, from the producer to the actual consumer.
• Can I serve free samples of my Home Based Vendor Products?
  Yes. As long as your product meets the requirements of the HBV guidance document and is a non-potentially hazardous food, sampling is allowed. Samples must be pre-packaged in your home kitchen (e.g., if you sample bread, you can't cut it at the market, but can cut it in your home kitchen and individually wrap or package the bread samples into sample cups with lids). Although you do not need an individual label for each sample, you must have properly labeled packages of your product on display with the samples so your customer can review the ingredient list. Your product cannot be cooked or prepared in a way that makes it a potentially hazardous food/temperature control for safety food (e.g., you can't add a dried dip mix to sour cream or serve anything that can't be kept safely at room temperature - these examples would require a food license). You must provide a hand-washing station at your booth if you are offering sampling at a Farmer’s Market
• Can I sell Salsa as a Home Based Vendor?
  Yes, as long as the container allows for oxygen transfer. You can put a hole in the lid, or be able to show a letter from the container manufacturer that the container allows oxygen transfer. You must also be able to show that the salsa has a Document updated Feb 1, 2022 15 pH under 4.6 with a professional pH meter, not a test strip.

 

 

More resources:

• Overview of Indiana's Cottage Food program, from the state of Indiana
• Indiana Home-Based Vendor Program.

• Indiana state and local health department contact information.

Questions? Contact Information:

Indiana State: Phone: 317-233-1325.

Lisa Harrison, ISDH Training Specialist
100 N. Senate Ave. Room N855
Indianapolis, IN 46204
317-234-8569
lharriso@isdh.in.gov