indydebi Posted 26 Mar 2009 , 11:16pm
post #1 of

Just found this out today. Did anyone else know about it?

HB 1309
Here's the link: http://www.in.gov/legislative/bills/2009/HB/HB1309.2.html

HEre's more info: http://www.in.gov/apps/lsa/session/billwatch/billinfo?year=2009&session=1&request=getBill&docno=1309&doctype=HB Public Health committee recommended on 2-10-09 that it be passed.

Some things I saw as I scanned thru this:
- No commercial kitchen equipment permitted (Sec 10)
- Product must be labeled as "home processed" and have list of ingredients.
- Items can only be offered for sale at farmers' markets and the processor's home (Sec 13)
- Annual inspection (Sec 15)

149 replies
hallow3 Posted 26 Mar 2009 , 11:47pm
post #2 of

Whoo Hoo, I am so excited about this! Thanks Indydebi

christeena Posted 27 Mar 2009 , 12:14am
post #3 of

I pray it passes! I have been so frustrated by Indiana laws. I'm sure my Amish neighbors would love to to be able to bake and sell from home. I'm confused though- what do they mean no commercial equipment allowed. Does that mean I can bake a wedding cake with my Maytag and legally sell it once I pass inspection and get licensed? Please keep us informed Indy!!

indydebi Posted 27 Mar 2009 , 12:30am
post #4 of

What I posted is all I know. It was said in passing in a casual conversation today, so I web-searched it. This is what I found.

Shelle_75 Posted 27 Mar 2009 , 12:55am
post #5 of

Thanks for posting that Indy! I had no idea!

Cookie45 Posted 27 Mar 2009 , 1:14am
post #6 of

Sounds great to me, too. Thanks for the info.

maryjsgirl Posted 27 Mar 2009 , 2:28am
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I actually emailed my representative last week in attempts to get something going. I haven't heard anything from her yet though. She was my kindergarten teacher so I thought I could work that angle in if needed.
icon_wink.gif

I had no clue we already had something in the works!

I will have to look more into it and see if we can help it get passed.

maryjsgirl Posted 27 Mar 2009 , 2:47am
post #8 of

I just sent an email to State Rep. Sandy Blanton to thank her for authoring this bill and ask if there is anything we can do to help. I will let you know if I hear from her!

maryjsgirl Posted 27 Mar 2009 , 2:54am
post #9 of

Here is the bill...http://www.in.gov/legislative/bills/2009/HB/HB1309.2.html

According to this a home baker is not allowed to use commercial kitchen equipment. They are not allowed to have more than two ovens and three refrigerators.

JanH Posted 27 Mar 2009 , 9:06am

That is great news!

Now homebakers will be able to legally make a few cakes, etc. for specific markets. icon_smile.gif

(Now if we can only get South Dakota to go that route.)

diamondsonblackvelvet13 Posted 27 Mar 2009 , 3:27pm

HEY!!!! Congrats guys!! I pray that this passes for you!! Keep up the good fight!!

kelleym Posted 27 Mar 2009 , 3:38pm

I emailed this to Patrick for more ammunition for Texas. He says the wording of the bill is evidently to prevent home bakeries from becoming "too big".

It passed the Indiana House 95-0. thumbs_up.gif

christeena Posted 27 Mar 2009 , 4:42pm

kelley,

do you know what the next step is for this bill if it passed the house? Is it on to the Senate?? I wonder how it will work county to county! Our county right now is a royal PIA to work with - will the counties have to abide by the state law?

KKristy Posted 27 Mar 2009 , 5:00pm

Woo Hoo !
I am so excited! I'm going to find the email for our representative right now to express my support ! Let's keep each other updated on the progress of this.
Thanks so much for posting this ! You just gave me hope!
Kristy

butterfly831915 Posted 27 Mar 2009 , 5:03pm

I am feeling really excited right now by this. I don't mind including a list of incrediants with it (I can type that all up and keep it on file and print it off when needed) more cakes to bake and legally too. Boy, I just can't wait...

indydebi Posted 27 Mar 2009 , 5:21pm

If I recall correctly, once it passes the House, it goes to the Senate. At some point, there's a time when it may get re-written as a compromise between what the House and what the Senate wants (I call this the Pergatory stage of legislation!). However, if the House passed it 95-0, they are good with it as-is, so it sounds as if it's not written too controversal.

I would say at this point, if you want to contact someone, you need to contact your State Senator's office because that's where the bill is going next.

emrldsky Posted 27 Mar 2009 , 6:43pm

This is really good timing for me, but bad too!!! DH and I are house shopping, so if this is something I would want to be serious about, we can buy based on that need.

However, I'm banking on NO HD licensing a kitchen to someone with cats unless it's separate with a separate entrance/exit (it's nice to have a kitchen away from the cats, but if you bake the cake and such, then take it through the house, it defeats the purpose!). Granted, seeing as I wouldn't need a separate COMMERCIAL kitchen, the cost is less, but I have a lot of thinking to do with regards to going from hobby to charging.

I'm still hoping it goes all the way!!!!

maryjsgirl Posted 27 Mar 2009 , 7:27pm

After fully reading the bill I am worried that it will only allow selling of goods at Farmers Markets.

indydebi Posted 27 Mar 2009 , 7:35pm

It says to be sold at farmers markets or at the food processer's home. I take this to read that they are wanting to avoid a full commercial busines in a home.

emrldsky Posted 27 Mar 2009 , 7:35pm
Quote:
Originally Posted by maryjsgirl

After fully reading the bill I am worried that it will only allow selling of goods at Farmers Markets.




Or out of your home only. I think that's to prevent someone using a residential kitchen to do wholesale. So if you bake it and sell it from your home (or, I imagine, deliver it to the purchaser), it should be OK.

I wish there were FAQ sites for bills like this. icon_smile.gif

christeena Posted 27 Mar 2009 , 7:47pm

I wish they would state the bill in plain English! All that mumbo jumbo is hard to figure out! If it passes and becomes law, I'm pretty sure it mean no pets in the home, just like other states with cottage food laws. My DH says he is still putting me in the garage as he is tired of seeing all my cake stuff everywhere! Where's the love??

indydebi Posted 27 Mar 2009 , 8:01pm

I didnt' see anything about pets in this bill. However, I do know that the Indiana Health code says "no vermin" in a commercial kitchen, and dogs, cats, etc., are classified as vermin. Reading this bill, I can't really see if they will adapt this rule to non-commercial kitchens or not. I would think it falls under the category of Sec 8, where it state the state health commissioner "....and may adopt rules under IC 4-22-2 to administer and enforce this chapter".

PamelaMichele Posted 27 Mar 2009 , 8:03pm

Typical political writing. I would never consider my beautiful kitty vermin!

christeena Posted 27 Mar 2009 , 8:05pm

Indy,

What the state says and the COUNTY enforces could be completely at odds with each other or the county could tack on a bunch of its own legal mumbo jumbo to go with the states requirements! What do ya think??

cakesbyshell Posted 27 Mar 2009 , 8:07pm

We Indiana bakers need this bill!!! I've been wanting so long to be legal to sell cakes out of my home, not to mention that the overhead would be so much lower. I don't have pets in the home so that's not a problem either, DH won't allow animals, although I love them! Hopefully all goes well with this bill in the final vote!!!

indydebi Posted 27 Mar 2009 , 8:11pm

christeena, I think all things are possible when it comes to legislation and laws being passed and enforced. icon_biggrin.gif

christeena Posted 27 Mar 2009 , 8:20pm

Indy,

NO DOUBT!! If it passes, it will be interesting to see how the different counties interpret it. I'm a hobby baker but I'd love to be able to do cakes legit and get licensed so that the occasional wedding cakes are a non-issue! Does anyone know the time frame for this bill to get through the senate?? Will it be up to the counties to inspect the kitchens?? Oh, the possibilities of it all has me walking on clouds!!

maryjsgirl Posted 27 Mar 2009 , 8:29pm

Here is a link to Bill Watch. They are suppose to keep you up to date by email with whichever bills you choose to. http://www.in.gov/apps/lsa/session/billwatch/

jdelaney81 Posted 27 Mar 2009 , 8:40pm

WoooHooo!!! I am so excited about this. DH and I were just talking about when we move, we would look for something that would accomodate. I am just getting to the level that I am thinking about selling my cakes. I am hoping a praying that this passes. icon_biggrin.gif

christeena Posted 27 Mar 2009 , 9:52pm

My DH and I were discussing this over dinner tonight and he made the point that this bill will probably sail through and become law ASAP to help the home baker/canner that is trying to put food on the table during these tough economic times, especially here in northern IN! I never even thought of that but it is a very valid point!

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