Bill In Indiana For Home Based Bakers!
Decorating By indydebi Updated 14 Jun 2009 , 7:54pm by Mindy1006
ok so i just went through and looked at it again. I was looking at it all wrong. what i was looking at was ONLY the amendments, and it was clarifying what they meant by "food establishment" in section IC 16-42-5 dealing with exemptions. so home based processors (home bakers) are still in the bill. sorry for the confusion 
. can't wait to see what happens tomorrow!!!
I have my son including this bill in his nightly prayers!!! Indy says that cakers are still in the bill a few posts up the ladder!
Well tell your son thanks for me, it looks like it's working. 
ok so i just went through and looked at it again. I was looking at it all wrong. what i was looking at was ONLY the amendments, and it was clarifying what they meant by "food establishment" in section IC 16-42-5 dealing with exemptions. so home based processors (home bakers) are still in the bill. sorry for the confusion
. can't wait to see what happens tomorrow!!!
Maybe I am too.
Do you have a link to the official bill with amendments included? All I am seeing is info on selling at farmer's markets and road side stands.
Ok, I just read the engrossed version and there have been a number of changes (it's in bold on the bill).
Did you notice the name of the bill has been changed from Home Processor Bill to Farmers and Flea Market Bill?
It specifically cites farmers and flea markets as the selling place and the phrase "from the processor's home" is not to be found in the engrossed part of the bill.
They have included much more language to ensure that religious or educational organizations are permitted to do pitche in "free of charge" or if the food is sold, it is exempt if the sale of the food benefits the orgz and the orgz is tax exempt under IRS rules.
Section 7 added language addressing "Potentially hazardous food" instead of having language talking about "low-acid" foods.
When I first read the bill, it looked to me like it was addressing farmers and flea market sales and it appears these last changes have clarified the language to make that more clear. As it reads, it looks like you can sell baked goods at one of these two locations if everything is labeled as indicated in Sec 29, part 5A thru 5F. So if you want to get into the farmers/flea market arena, you may be able to do so with this bill.
I've been so engrossed in another thread 
I haven't had a chance to check up on this, but I just read the bill and I have to agree with Debi. It appears that they changed the language so that it is very specific to Farmers Markets and Roadside stands.
They have changed a lot of terms and minor stipulations that changed a lot of the basic info.
ok heres the bill before they did the most recent amendment
http://www.in.gov/legislative/bills/2009/HB/HB1309.2.html
if you look at the top of the engrossed bill (after the most recent amendments)
http://www.in.gov/legislative/bills/2009/EH/EH1309.1.html
which is just the amendments! it says this
[EFFECTIVE UPON PASSAGE]: Sec. 137. (a) "Food establishment", for purposes of IC 16-42-5 and IC 16-42-5.2 and explains what they meant by "food establishment" so you just insert this into the first bill at IC 16-42-5 and they also added two completely new sections.
i hope that isn't too confusing.
ok now i just read debi's post and i'm more confused than before!
ok now i just read debi's post and i'm more confused than before!
that's ok, so am I!!
I read "Engrossed Bill" at the top of the page and I thought this meant that what I was reading was the entire bill (see link to "Engrossed Bill" in link somewhere above). I dont' know if this is the bill or just the changes. Because if you read at the very top, it says that changes are indicated by bolding and deletions are indicated by a line drawn thru the word(s).
I haven't mastered reading legal-ease yet.
Well I just sent an email to the original author of the bill Sandra Blanton asking if she could clarify the new changes and if we've been written out of the bill. I will of course let you know if she responds.
very smart thinking maryjgirl!! hopefully she'll get back with you sooner rather than later!
I guess I haven't been keeping up like I should have, but why did they change it to only being able to sell from the farmer's market and road stands? What happened to being able to bake from your home? It doesn't really effect me, because we are moving in August. But I want the rest of Indiana to be able to bake from their home!
I guess I haven't been keeping up like I should have, but why did they change it to only being able to sell from the farmer's market and road stands?
When I read the original bill, it struck me that it was a bill designed to address farmers/flea market sales. With these revisions, it is my opinion that they have cleaned up the language to make that more clear and less ambiguous.
No idea .... just guessing .....
A road side stand may include a person's home. I would think a simple sign would be enough to qualify as a road side stand. Many of the road side stands that you see for garden produce in the summer are just a sign and a card table.
As far as health inspections, unless the county itself institutes regulations, it would seem that you would be inspected by the state only if there was some problem with your products.
(c) An individual vendor who meets the requirements in subsection (b) is subject to food sampling and inspection if:
(1) the state department determines that the individual vendor's food product is:
(A) misbranded under section 12(b) of this chapter; or
(B) adulterated; or
(2) a consumer complaint has been received by the state department.
(d) If the state department has reason to believe that an imminent health hazard exists with respect to an individual vendor's food product, the state department may order cessation of production and sale of the food product until the state department determines that the hazardous situation has been addressed.
(e) For purposes of this section, the state health commissioner or the commissioner's authorized representatives may take samples for analysis and conduct examinations and investigations through any officers or employees under the state health commissioner's supervision. Those officers and employees may enter, at reasonable times, the facilities of an individual vendor and inspect any food products in those places and all pertinent equipment, materials, containers, and labeling.
Also the state health commisssioner is supposed to publish guidelines for home producers.
The state health commissioner may develop guidelines for an individual vendor who seeks an exemption from regulation as a food establishment as described in subsection (b). The guidelines may include:
(1) standards for best safe food handling practices;
(2) disease control measures; and
(3) standards for potable water sources.
I'm so glad someone understands all the language. I've read it several times and it hasn't made anymore sense to me than when I first read it. I was really getting worried that we were being written out but by the last post it seems like we still have a chance. Thanks for all the hard work ladies!!!!
Most people who want to sell at flea markets and farmer's market do the baking/canning out of their homes. YES?? I can't imagine a mom and pop operation wanting to to spend oodles of $$$ on a separate legal kitchen just to sell at the local farmer's market for a few hundred bucks! Maybe, I'm wrong on that thinking but I sure wouldn't want too!!
Why won't the people in the NJ state government do this for us! Wait, I know why, they won't make any money for their greedy selves that's why!
the stupid commercial kitchen thing has been a big pain the rump for me.
I asked so many people - to no avail.
in particular I asked the lady that runs the local farmers market - there are a lot of 'fancy bakers' there.
she flat out told me that they are not legal and she doesn't care. she doesn't expect anyone to be and doesn't ask.
(she was really sweet and tried to offer suggestions on kitchens, but it didn't work out)
so yeah, who wants to spend $$$ to sell so little at a market?
I was pretty annoyed by this until this bill!!!!
I emailed my rep and senator, I got a pretty standard repsonse from the senator. generic, but to the point, so that's good.
So has anyone else heard yet? You'd think that it would be easier to understand AFTER they "revised" it 
I haven't. But, I received an online update and it says it passed the third reading and that it was sent back to the house with the new amendments.
Wasn't the deadline to get it passed TODAY?? The wheels of government sure move slowly!! 
If it was today, what happens if it hasn't passed and moved on the governor to sign into law??
christeena ... it started as a House Bill, which means it was written in the House of Representative. A bill is voted on in the originating house/side, and then sent to the other side, in this case the Senate, for them to vote on.
The Senate made some changes. A committee reviewed those changes and voted the bill out of committee, saying "we think these changes are ok and the Senate can now vote on the REVISED bill."
The Senate then puts the bill thru the normal 1st, 2nd, 3rd reading process.
When the bill, with the changes, is passed by the Senate, the bill gets sent BACK to the House, pretty much with a post-it note that says, "Ok guys ... the bill you sent us was "ok" but we improved it. Let us know what you think." The House then reviews the CHANGED bill and will vote on that. After all, this is NOT the same bill they voted "yes" on and sent to the Senate. So now the House has to say "Yeah, those changes are ok with us" or they vote "You've got to be kidding! We wont' agree to that!"
(Yes, I've spent a "little" time in politics).
Thanks, Indy! I've been lost in this political process!!
I checked status online this morning and it's still the same as it was last week. I've had no time to follow up in any other way (phone calls or anything). I had 2 weddings this weekend ... 350 people total, and they were 60 miles apart, so I had double crews out, rented a truck, cooked 100 lbs of chicken 115 lbs of ham, plus a sweet 16 cake and an anniversary cake. I should have gone in today and started on the 42 dozen cookies I need for a 200 person catering on Tuesday, but I just crashed. I'll hate myself in the morning.
Sorry to digress like that!
Boy...And I thought my weekend was busy! I wish I lived closer and could come help too! 
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