By Jennifer Heller | For The Democrat
The passage of the HEA 1149 Bill last year made some changes to the Home Based Vendor rules and these are now in effect. Here is a short explanation of main changes.
Home Based Vendor – are they a “Food Establishment”? – No, under the IC 16-42-5.3 law the Home Based Vendor is not a food establishment. This means that an HBV does not need to be licensed as a food establishment in order to produce food. However, an HBV will need a Food Handler’s License.
What food can I make and sell? Here is the legal wording;
IC 16-42-5.3 –Home Based Food Products Section 16-42-5.3-4 – Requirements for the preparation and sale of a food product:
A home based vendor shall prepare and sell only a food product that is:
(1) 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
(2) not a potentially hazardous food product;
(3) prepared using proper sanitary procedures, including:
(A) proper hand washing;
(B) sanitizing the container or other packaging in which the food product is contained;
(C) storing the food product safely;
(D) producing the food product in a food preparation or packaging area in which animals are not present; and
(E) cleaning and sanitizing of surfaces that have contact with the food product;
(4) not resold;
(5) sold in person, by telephone, or through the Internet; and
(6) delivered to the end consumer in person, by mail, or by a third party carrier.
ALSO -The prepared foods, like baked goods, and candy should be properly labeled with;
(1) The name and address of the producer of the food product.
(2) The common or usual name of the food product.
(3) The ingredients of the food product, in descending order by predominance by weight.
(4) The net weight or volume of the food product by standard measure or numerical count.
(5) The date on which the food product was processed.
(6) 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.”
(7) A home based vendor shall post the label of each food product on the vendor’s website.
What are potentially hazardous foods?
For a Home Based Vendor, that would be food that requires refrigeration for safety. Home Based Vendors are not allowed to sell food that requires refrigeration or heat for safety.
What are some foods HBV’s can sell?
You are allowed to sell baked goods like cookies, breads, muffins as long as there are no ingredients which would require refrigeration, such as a cream cheese topping. You can sell salsa if the packaging allows oxygen transfer, (no canning seals). Salsa cannot be sold canned by an HBV. Nuts, candy, honey, are all allowed. Jams and jellies of high acid fruit with high sugar content (no artificial sweeteners) are acceptable. Meat such as rabbit and chicken can be sold with restrictions.
Are all jams and jellies OK to sell?
If the jam or jelly is made with a low acid fruit or a combination of fruit, you must have it tested at a lab to determine if the jam or jelly has a pH under 4.6, which would then be acceptable. You have to be able to show this lab certification when requested by the regulatory authority
Do I need a license to be a Home Based Vendor?
As per the new changes in the legislation, you now must be a Certified Food Handler. You can obtain this certificate online or from a class that is certified by the American National Standards Institute. It generally runs from $20-$50 dollars and is good for three years.
What is a roadside stand?
A stand, table, tent, trailer or vehicle set up for the purpose of selling your products that is within 100 feet of a road edge.
Where can I make my products?
In your home or a permanent structure on your property. You can’t lease an area to produce your product.
This is just an overview of the main changes. For more questions please see the Purdue website; https://extension.purdue.edu/news/county/putnam/2022/05/new-law-for-home-based-vendors.html or contact the Brown County Health Department at 812-988-2255 or email Jennifer Heller at [email protected].
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].
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].
