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Indiana House Enrolled Act 1309 allows home based vendors (HBV) to prepare non-potentially hazardous food at their primary residence. Under this new act (which went into effect July 1, 2009), HBVs are not considered to be retail food establishments (such as restaurants, convenience stores, or grocery stores) and are exempt from many of the regulations for retail food establishments such as licensing and health department inspections.
One of the important goals of HEA 1309 is to allow for the safe production and sale of certain foods that do not present an appreciable health risk, and to not allow the production and sale of potentially hazardous foods.
Potentially hazardous foods (PHF) cannot be sold by a home based vendor (HBV)
PHFs have ingredients, packaging or storage that allows disease-causing bacteria to grow, potentially leading to human illness.
Foods that have a pH greater than 4.6 and a water activity greater than 0.85 allow disease-producing bacteria to grow and are considered to be PHFs.
The list below is by no means comprehensive. If you have specific questions about your product, contact the health department or have your product evaluated by an outside expert/consultant.
Food Type Foods That May Be Sold by HBVs Foods That May Not Be Sold by HBVs Baked Goods Cookies, cakes, fruit pies, cupcakes, bars, yeast breads, fruit breads, baguettes Foods that contain meat, poultry, aquatic animals, non-baked dairy (cheese, butter, yogurt), non-baked egg-containing products. Whole eggs may not be sold by HBVs Candies and Confections Caramels, chocolate, fudge, peanut brittle, chocolate covered fruits, bon bons, buckeyes, chocolate covered nuts Fruit and Vegetables
Unprocessed, whole and uncut items such as cherries, blackberries, cranberries, grapefruit, strawberries, oranges, blueberries, plums, tomatoes, corn, lettuce, green beans, peppers, etc.
Fruit-based jams and jellies (made from strawberries, blueberries, grapes, raspberries, blackberries, etc.)
Fermented pickles that do not require acidification and do not require refrigeration
Canned products that are shelf-stable and in hermetically sealed containers such as salsas, chutney, chow-chow, and canned vegetables
Pickled vegetables (beets, pickles) that are shelf-stable
Cut tomatoes and cut melons
Garlic-in-oil mixtures, herb and oil mixtures
Raw seed sprouts
Fruit butters (i.e. pear, pumpkin)
Meat, Poultry, Seafood None may be sold by a HBV Canned products that are shelf-stable and in hermetically sealed containers such as canned vegetables, canned meats, and canned seafood Tree Nut and Legumes Peanuts, almonds, cashews, walnuts, pistachios, etc. Syrups Honey, molasses, sorghum, maple syrup
Where can foods prepared by HBVs be sold?
HBVs may only sell their foods at farmer's markets and roadside stands. HBV foods may not be sold at any other venue including retail food establishments (restaurants, grocery stores, etc.), flea markets, festivals, carnivals, or any other event.
Labeling Requirements of Foods Produced by HBVs
All HBV foods that are formulated and prepared must be labeled, "This product is home produced and processed and the production area has not been inspected by the Health Department". Labels must also contain the name of the product, a list of ingredients in descending order of predominance, net weight and volume, and date which the product was processed.
Product Liability for Foods Produced by HBVs
Product liability is an important consideration for food produced by HBVs. Because these foods are not inspected by regulatory agencies, liability insurance may be difficult to obtain. HBVs are advised to contact their legal counsel and/or insurance provider for advice.
Click here to read THE RULE - House Enrolled Act 1309
Contact Resources for HBVs
Your local health department - 812-738-3237.
Indiana State Department of Health Food Protection Program - 317-233-7360.
Your county Purdue Extension office - 812-738-4236. Purdue food scientists, Dr. Richard Linton (firstname.lastname@example.org) and Dr. Kevin Keener (email@example.com) are also available to answer questions.
A special link has been created on the Purdue Food Science website: http://www.ag.purdue.edu/foodsci/Pages/IN-HEA-1309-info.aspx. Here you will find a list of frequently asked questions, the guidance document prepared by the Indiana State Department of Health, and a copy of HEA 1309.