Indiana Hbv Question/statement

Business By CakestyleIN Updated 28 Aug 2009 , 12:59am by srtodd77

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CakestyleIN Posted 13 Aug 2009 , 6:12pm
post #1 of 6

http://www.in.gov/isdh/files/HEA_1309_guidance_final_6_11_09.pdf

From the way I read the new HBV law in Indiana... you can sell your products from your home, right? Here are some excerts from the website posted above.

Production area of a Home-based Vendor is required to be in the vendor's primary residence.... The food product of a HBV must be made by an individual in the individual's primary residence. The production of the product from another nearby building or structure located on the HBV's premises is allowed when doing so can be done in a sanitary manner.

Home-based Vendors may sell their food product they made, only at a roadside stand or at a farmer's market.

"Roadside stand" means a place, building or structure along, or near, a road, street, lane, avenue, boulevard or highway where a HBV sells their food product to the public.

For reason of providing better food product safety, security, or quality, the point of sale for a food product sold at a roadside stand may be in a nearby publicly accessible building or structure, such as a tent or shed, on the premises where the food product was made.


So If I can only made my product at home, but for safety, security or quality the point of sale can be where the food product was made... well, that's home! icon_biggrin.gif I smell loop hole!!

5 replies
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indydebi Posted 13 Aug 2009 , 7:09pm
post #2 of 6

There are a number of threads on this and I wouldn't risk trying to loophole it on your own.

The bill was drastically changed from it's orginal draft. It was originally called the Home Food Processor's Bill and then it was changed to something like Farmers Market Bill. The term Home Processor was noticeably removed when the bill was revamped. The final version's intent was to allow certain foods to be made at home and sold at farmer's markets.

If you want to know for sure, I'd suggest calling your local health dept and flat out ask them "Can I make and sell wedding/birthday cakes from my front yard?"

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CakestyleIN Posted 13 Aug 2009 , 8:18pm
post #3 of 6

Yeah, I got an "hmm.. I'm not sure." The way it reads it contradicts itself.. You cannot sell from your home. You can only make the food product in your home.. For reason of providing better yadda yadda... the point of sale ... sold at a roadside stand may be in a nearby ....building or structure... on the premises where the food product was made icon_confused.gif It's written just confusing enough that nobody knows for sure!! LOL. the health depart. will get back to me icon_rolleyes.gif I'll hold my breath.

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srtodd77 Posted 27 Aug 2009 , 8:54pm
post #4 of 6

I was reading this today and it also says that cakes cannot be delivered. Apperently, you must sell it at a roadside stand and the person must get out of their car and pick it up. You also have to put stickers on it stating the ingredients, that it has not been inspected, the date it was made, etc. It DOES say you can sell cakes. The clincher is that they cannot be delivered. Our neighbors sell baked goods right on their front lawn everyday and they meet every requirement. I would really read through it again, but I doubt there are loopholes.

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CakestyleIN Posted 27 Aug 2009 , 10:29pm
post #5 of 6
Quote:
Originally Posted by srtodd77

Our neighbors sell baked goods right on their front lawn everyday and they meet every requirement. I would really read through it again, but I doubt there are loopholes.




That was the "loophole" I was referring to... selling baked goods right on the front lawn.

Some say you cannot sell from your front lawn, others say as the act reads that it would be acceptable to do so. I get different answers so I'm waiting for awhile until it gets figured out icon_smile.gif

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srtodd77 Posted 28 Aug 2009 , 12:59am
post #6 of 6

Let me know what you hear. They literally have a big arrow that lights up in their front yard, BUT we live on a very busy road. Not in a neighborhood, so that may play a factor as well. They have a table set up with all kinds of goodies on it and they are open from 9-6. They even have an open/closed sign.

The only downfall I saw is you can't deliever, all though I don't know if that would be a big deal. It really doesn't make sense that you can make things in your kitchen and sell them on your lawn but you can't deliver. It all comes from the same place. Maybe it is to protect the Farmer's Markets somehow...

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