I just got off of the phone with George Jones (yes, that is really his name) from the State Department of Health. I asked about what was necessary for me to legally sell my cakes and he mentioned the new law that is now in effect (House Enrolled Act 1309) regarding roadside stands and flea markets and the like. Evidently, we are covered under this as home bakers as long as our items are readily perishable (no cream pies but apple and the like are fine); essentially nothing that would need refrigeration (watch what you are torting those cakes with). Our "road side" stand might be in front of our home or at the local flea market.

They are developing some protocols for labeling and what not and expect those to be available in mid June.

We also don't have to have our kitchens inspected. The one caveat is if there is a complaint the health department can inspect.

Here is the email I just got from our lovely Mr. Jones (aka my new best friend):

Hi Kimberly. It was a pleasure talking with you and I have attached House Enrolled Act 1309 for your review. Please note that the law allows for persons to produce nonpotentially hazardous foods from their home residence provided the items are sold at retail (not wholesaled). The law does require specific labeling of the food products. Please review the entire document and feel free to contact me should you have any further questions. Cakes and fruit pies should fall into this category of food products.

If you wouldn't mind, please send an e-mail to me sometime in the latter part of June and I will be happy to provide a copy of the guidance document to you.

Sincerely,

George C. Jones
Southern District Field Staff Supervisor
Food Protection Program
Indiana State Department of Health
2 North Meridian Street, 5C
Indianapolis, IN 46204
Phone: 317-234-2982
Fax: 317-233-7334
[email protected]
http://www.in.gov/isdh/20640.htm

Yay!! Good for you guys!!!

Wonder what it would take to get something similar in Illinois?

Do I seriously have to put a roadside stand up to sell wedding cakes baked in my home and delivered to the customer at a reception site?? I'm so confused!!! Please clarify!

I also talked to my board of health (Allen County Indiana)and she said that I couldn't sell from my home, just baked goods at the Farmers Market.

I emailed two legislatures over a month ago and never got a response.

I called yesterday and got my return call followed up by the email I shared in the original post. We can set up a "roadside" stand at our homes but this is very loosely defined. If we had bees and wanted to sell honey from our "roadside" stand it wouldn't really take much.

I'm thrilled that we can now do this legally from our homes without the threat of doom looming over us.

maryjsgirl - this just got passed in the last couple of weeks. The contact information for the gentleman I spoke with is in the original post - give him a call.

I told him I just wanted to legally sell a couple of cakes a month out of my home. He indicated this would not be an issue and it is highly unlikely that the health department would ever show up at my door unless there were a complaint of some type against me. I asked him to email me so that I would have this in writing with his title, etc just in case something transpired.

What, pray tell, is the "health" difference between my baking cakes and pies and selling them to the public in a farmer's market or selling it to an individual on an retail order basis?? No matter who/where you sell it at, the item is still baked in a home kitchen, inspected or not! I am soooo frustrated!!

KimmyO - did you happen to point this out to Mr. Jones??? This bill (as I understand it) completely leaves out the (by appointment only) home baker!

With all due respect to Mr. Jones, but isn't it the responsibility of the local agencies to interpret the law for their own area?

I guess what I'm saying is, that might be the way he sees it in Marion county, but Tippe or Lake counties might not see it that way.

I think I'm going to give it a month and contact my local HD and see what they say about it. Their interpretation of the law is the only one that will truly matter, as they will be the ones knocking on my door if I'm not seeing things their way.

It's really good start though! It's one foot in the door and hopefully in a few years Indiana will allow licensed kitchens from the home!

Kimmy, yes I know of the bill that was passed. There was a large thread going on for quite some time over it. I had emailed my county's board of health and specifically asked how they were going to enforce the new law when it comes to selling decorated cakes. This was her reply....(and she underlined and typed "only" in bold)



Lindsey,

The bill will only allow these items to be sold at a Farmers Market or Roadside stand. These items are not able to be sold from your residence. The bill actually is in effect at this time instead of July 1st.


We are still waiting for guidance from the Indiana State Department of Health (ISDH) regarding the potentially hazardous food definition. It is slightly different than the definition from the Indiana Retail Food Code. ISDH indicate that we may have that information in July. For the time being, we are working with the potentially hazardous food definition from the present code. If the definition is different in July, we will use the new interpretation from the Indiana State Department of Health at that time. You would not be allowed to sell products with cream cheese, whipped cream, cream or custard pies, etc. You will not be able to do any preparation at the Market, everything is to be prepared and packaged in your home. You will not be able to distribute any samples under this regulation.

Dawn McDevitt, MBA, REHS

Director, Food and Consumer Protection Division

Fort Wayne-Allen County Department of Health

OFFICE: (260) 449-7109

FAX: (260) 449-3010

[email protected]

I actually read where the bill fit into current law. There is a section of the law to define what an exempt retail food establishment is and isn't. The section still states that a home is not an exempt retail food establishment. The new law adds that a roadside stand or farmer's market stand is an exempt retail food establishment provided that the items are prepared in the vendors home. The law does not appear to allow you to sell from home, but rather allows a person at a farmers market to not have to use a commercial kitchen. It's kind of a fine line, but I'm sure its enough for them to impose fines (like they need more reasons to be able to impose fines! )

So, could you just have a "roadside stand" or a stand at a farmers' market and "sell" your customers their cakes there? Meaning, they place their order with you, you make the cake and they pick it up at your stand? You could also sell cupcakes and smaller simply decorated or more homemade looking cake too.

Just a thought!

My daughter was asking me where a farmer's market is, "...... 'coz gosh mom, we're in the middle of Indiana ... farm country ... and I've never been to a farmer's market!"

The only one I know of is the one that is right smack dab in the center of downtown Indy ... during the day..... when you can't find any parking ... and you have to fight downtown traffic to get to it. I'm not doing all of that to buy a pound of tomatoes!

Hello I'm new to this site, so I called my location health department today (south bend ) and inquired about this new thing you all are talking about the house enrollment whatever because I came across it under the cottage food law act. The nice man Kevin whom I spoke with was very helpfully with the exception of the roadside stand thing. He said the law on that part of the act is very vague and he's not sure about where and what is classified as ok for roadside stand. I am hoping that someone here might know ? I live on a busy main street and want to put a table in my front yard by the sidewalk / street and sell cookies, fudge, fruit pies, ect.... does anyone know if I can legally do this under the cottage food law act without permits and things?