Heller
By JENNIFER HELLER, guest columnist
In June of 2021, the Indiana Department of Health, Board of Animal Health and the Indiana State Department of Agriculture met to submit a recommendation to the General Assembly concerning home-based vendors.
This was in response to several groups urging the amendment of the House Enrolled Act 1309, a law passed in 2009 that allowed for certain products to be produced in the home by a home-based vendors and sold at farmer’s markets or roadside stands.
The result of all the meetings and lobbying in 2021 is the newly approved legislation, HEA 1149, which took effect last week on July 1.
There are some changes to the older HEA 1309 bill, which I will explain. In HEA 1309, home-based vendors (hereinafter referred to as HBVs) were only allowed to sell at farmer’s markets or a roadside stand. The definition of roadside stand was somewhat vague, so now it is spelled out in HEA 1149.
A “roadside stand” can now be defined as a shed, vehicle, structure, tent or trailer that is visible from the road, and is not more than 100 feet from the road edge.
Also previously, the restriction on HBV sales meant that nothing produced could be mailed or delivered. With HEA 1149, delivery in person is still not permitted, but the HBV can now send product via a “third-party” or in other words, by UPS, FedEx, the US Postal Service or other delivery service. This delivery is restricted to Indiana addresses only.
The products produced and sold via delivery must be tracked, with the HBV keeping records of what was sent and who received the product for at least a year. All products must be sent in “tamper resistant” packaging.
The labeling requirements for products remains almost the same as the older requirements, but with the addition of the wording “Not for resale.” Now each product must include on the label this statement: “This product is home produced and processed and the production area has not been inspected by the State Department of Health. NOT FOR RESALE.” Weight must be listed, but can now also be by volume. Labeling for each product must also be posted on the online marketing platform.
All products produced still must be non-potentially hazardous. This would include most baked goods — not a product needing refrigeration, such as cream cheese frosted items —, candy, nuts, honey, cookies, fruit pies, fruit-based jams and jellies, and maple syrup. Heat treated vegetable products are not allowed, so no corn cob jelly or the like is allowed.
Products must be produced — made, grown or raised — at the HBV’s primary residence, not a leased residence or space off the property. HBVs cannot make their products in a commercial kitchen.
Finally, a new requirement for HBVs is that they obtain a food handler’s certificate. There are many agencies offering these certificates online, but the only caveat is that the certificate is from an approved ANSI (American National Standards Institute) issuer. Cost can vary, but most are in the $11 to $40 range.
Once this certificate is obtained, a copy must be provided to the local health department of the HBV’s county residence.
If you reside in Brown County and are producing HBV product, you will need to provide a copy of your food handlers certificate to the Brown County Health Department at 200 Hawthorne Lane, or email a copy to [email protected].
If at any time an HBV is found to be non-compliant with Indiana Code 16-42-5.3, which covers sanitary food processing, or has a complaint lodged against them or misbrands product or has an imminent health hazard, the state or local health department can inspect and/or sample the product.
Vendors who sell only certain poultry, rabbits or chicken eggs and meet other requirements are not considered HBVs and do not need a food handler certificate.
I was against the changes to HEA 1149 because of the septic system issue in our county. Many septic systems are aged or undersized and if someone were to increase the fats and grease loads on these systems by ramping up production of baked goods, it could compromise the septic system. These systems are costly to repair and/or replace and sometimes there are few sites on the property which would provide an alternative site should that be necessary.
Also, all products being sent out need the producer’s home address and information, which these days could be risky as you don’t know who is really ordering your product.
Another concern for the Brown County Health Department is that we will have to track and try to get HBVs to comply with the requirements for the food handler certificate and new labeling and limitation on products. This can be difficult with the online sales, trying to find who is selling what and where.
Our goal as the health department is to prevent foodborne illnesses in the county. This legislation has made achieving this goal even more challenging. Supplementing the home income is very understandable, but nothing is risk-free and this enterprise should be entered into cautiously and with full understanding of possible issues.
I welcome any questions, either by email or by calling the health department at 812-988-2255.
Jennifer Heller is the environmental health specialist for the Brown County Health Department. She is responsible for restaurant inspections, septic installation inspections, vector issues, farmer’s markets and home base vendor questions and complaints. She also chairs the Terrorism and All Hazards Preparedness Committee for the Indiana Environmental Health Association and will be the president-elect of that organization in 2022. She can be reached by at [email protected].
