Indiana Bakers - New Law?

Business By KimmyO Updated 28 Jun 2009 , 2:14pm by indydebi

KimmyO Posted 20 May 2009 , 12:43pm
post #1 of 15

Here's the text from the new bill/law that appears to have passed. What does this mean for us? Do we need to get our home kitchens licensed in order to sell? Is this only roadside stands and farmer's markets? Any insight would be great as I would love to be legal.   

House Bill 1309

2009 Regular Session


Latest Information
  
DIGEST OF HB1309 (Updated April 28, 2009 11:49 am - DI 84)
Farmer markets and roadside stands. Exempts and individual vendor of a farmer's market or roadside stand from the definition of food establishment if the food product: (1) is made by the individual at the individual's primary residence; (2) is not a potentially hazardous food product; (2) includes a label setting forth specified information; (4) is prepared by an individual who practices proper sanitary procedures; and (5) is not resold. Allows the state department of health to inspect an individual vendor under certain conditions. Allows the state health commissioner to develop guidelines for individual vendors.
Current Status:
  Law Enacted
Latest Printing (PDF)
Action List
Introduced Bill
Fiscal Impact Statement(s): 1(PDF), 2(PDF), 3(PDF), 4(PDF), 5(PDF), 6(PDF), 7(PDF)
Roll Call(s): No. 129(PDF), No. 363(PDF), No. 539(PDF), No. 6615(PDF), No. 6649(PDF), No. 6699(PDF)
Indiana Code Citations Affected
House Committee Reports
Filed Committee Reports: 1309-1, 1309-1(PDF)
Passed Committee Reports: 1309-1, 1309-1(PDF)
House Amendments
Filed: 1309-1, 1309-1(PDF), 1309-C(PDF), 1309-C
Passed: 1309-1, 1309-1(PDF), 1309-C(PDF), 1309-C
House Bill
Senate Committee Reports
Filed Committee Reports: 1309-1, 1309-1(PDF), 1309-2, 1309-2(PDF)
Passed Committee Reports: 1309-2, 1309-2(PDF)
Senate Amendments
Engrossed Bill
Conference Committee Reports
Enrolled Act

14 replies
tallgood Posted 20 May 2009 , 12:51pm
post #2 of 15

I'd like to know too. Anyone?

indydebi Posted 20 May 2009 , 6:23pm
post #3 of 15

contact your health dept and find out the details. YOu might go in and read the actual bill (the above is just a synopsis) .... the phrase "home food processor" was eliminated from the language. In my non-legal opinion, it looks like it's just a farmer's/flea market bill now.

cylstrial Posted 20 May 2009 , 7:09pm
post #4 of 15

It's a start though! (A little bit too late for me, as we are moving out of Indiana at the end of July).

maryjsgirl Posted 26 Jun 2009 , 7:39pm
post #5 of 15

Indiana Department of Health has put up information about the new law. Here is a link to the page it is on. Just click on "Home Based Vendor Guidance".

http://www.in.gov/isdh/21054.htm

According to this a "roadside stand" is defined as "place, building or structure, along, or near, a road, street, lane, avenue, boulevard, or highway where a home-based vendor (HBV) sells their products to the public."

Well I know my home, which is a building, is near a street....

I don't know, but to me it seems like you should be able to sell from your home. But, it does specify that you are not allowed to deliver. Which of course would be kind of hard for selling wedding cakes.

tcakes65 Posted 27 Jun 2009 , 1:48pm
post #6 of 15

It specifically states that a Home Based Vendor is an individual who makes non-potentially hazardous food in their home to be sold ONLY at a roadside stand or farmer's market and complies with IC 16-42-5-29. Your home does not qualify as a roadside stand. It clearly indicates that you may make your baked good in your primary residence to be sold at a roadside stand or farmer's market. There are strict labeling guidelines that also must be followed when you sell your goods at a stand or famer's market. I disagree and don't think that this means you can sell out of your home.

indydebi Posted 27 Jun 2009 , 2:11pm
post #7 of 15

Slide 4: Definition of Temporary Food Establisment
Temporary food establishment means a retail food establishment that operates for a period of no more than fourteen (14) consecutive days in conjunction with a single event or celebration with the approval of the organizers of the event or celebration.
Your house is not a "temporary" food establishment

Slide 15: Hand Washing Requires
- Potable hot and cold running water (recommend at least 100°F)
- Suitable hand cleaner (i.e. soap)
- A waste receptacle
- 20 seconds of your time
- Dry hands with disposable towel
- Using hand sanitizers is not hand washing!

Meaning a cardtable in your front yard would require a potable hot/cold running water set up, as described by the health dept. See slide #17 for a drawing of a water set up.

The phrase "Home Food Processor" was specifically removed from the original bill and the phrasing of "Farmers Market" was inserted predominantly. I wouldn't assume ... contact your local HD to confirm or to ask any questions.

maryjsgirl Posted 27 Jun 2009 , 3:11pm
post #8 of 15

Debi did you look at the link I posted? They have the actual bill worked into guidelines now.



MCC according to their own definition of what a roadside stand is how does a home not fit into that?


My health department, who when I called after the bill passed said for sure no selling from home, are now "reading the guidelines and deciding how they will follow them" when I talked to them yesterday.

indydebi Posted 27 Jun 2009 , 3:19pm
post #9 of 15

maryjsgirl, yeah, I clicked on your link, which took me to the health dept webpage, then I clicked on the Farmer's Market link, which gave me a Power Point presentation. That's where I got my info. Did I miss the link to the actual bill?

Doug Posted 27 Jun 2009 , 3:22pm
post #10 of 15

as a reaction to the confusion currently muddling the minds

side comment.....

how is that lawyers, who "know" law being trained in it,

have such a hard time writing clear, concise, easily understood, and applied laws?

this

indydebi Posted 27 Jun 2009 , 3:32pm
post #11 of 15

Doug, for the same reason that we need a 15 page contract for a $40 birthday cake! To cover ALL the bases to the least common denominator.

They can't just say "You can make non perishable foods and sell them in a farmers market". No, that's too easy. They have to address "well, what do you call a STAND? Can it be a table or does it have to have a roof? And does it have to be a MARKET-market? Can it be just a roadside shelter in front of a farm? And does it have to be open everyday or can it be a one-time shot?" blah blah BLAH blah blah......

It's like arguing with a 4 year old, whose only vocabulary word is "Why?"

maryjsgirl Posted 27 Jun 2009 , 3:45pm
post #12 of 15
Quote:
Originally Posted by indydebi

maryjsgirl, yeah, I clicked on your link, which took me to the health dept webpage, then I clicked on the Farmer's Market link, which gave me a Power Point presentation. That's where I got my info. Did I miss the link to the actual bill?




No, that is the wrong link. Click on the very last one "Home Based Vendor Guidance".


We are not "temporary food establishments" so what you posted does not pertain to us.

indydebi Posted 27 Jun 2009 , 4:08pm
post #13 of 15
Quote:
Originally Posted by MCC

It specifically states that a Home Based Vendor is an individual who makes non-potentially hazardous food in their home to be sold ONLY at a roadside stand or farmer's market and complies with IC 16-42-5-29. Your home does not qualify as a roadside stand. It clearly indicates that you may make your baked good in your primary residence to be sold at a roadside stand or farmer's market. There are strict labeling guidelines that also must be followed when you sell your goods at a stand or famer's market. I disagree and don't think that this means you can sell out of your home.


found the right link....thanks. I still agree with MCC. "Roadside stand" and "primary residence" are two different things.
- You can sell from a roadside stand.
- You cannot sell from your primary residence.
- You cannot deliver.
- You cannot sell to other retail establishments for the purpose of reselling (i.e. you cannot make a wedding cake to sell to a hotel or venue, who in turn sells it to the bride as part of their wedding package).
- A customer can call ahead and order 2 dozen cookies or a wedding cake, but the cookies and cake must exchange hands at the roadside stand/farmers market.

tcakes65 Posted 28 Jun 2009 , 1:44pm
post #14 of 15

[quote="maryjsgirl"]MCC according to their own definition of what a roadside stand is how does a home not fit into that?quote]

You can't just pick and choose sections of the document for intepretation. The definition of a roadside stand is broad, but in my opinion it delineates between a roadside stand and a primary residence in the "Home Based Vendor Guidance" section. We've all seen and know what a roadside stand is and a home does not qualify as one. I'm not sure why a roadside stand and farmer's market is okay for selling cakes but not a residence. If you're allowed to bake the goods in your primary residence to sell at a stand or farmer's market, they should have went the entire way and authorized selling of the goods out of the home. Not sure of their philosophy on this one. Politics maybe...making all sides happy.

indydebi Posted 28 Jun 2009 , 2:14pm
post #15 of 15

because they can walk thru a public farmers market to see if the labeling law, etal, is being followed. They can't just walk into your home.

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