Indiana cottage food laws incorporate some of the best features to encourage entrepreneurship. Indiana is among those states that make it easy to start your own cottage food business.
You can decide today that you want to be a cottage food entrepreneur and actually start making money today.
All foods made and offered from your cottage food operation must be non-potentially hazardous and temperature controlled. This means – items that must be kept in the fridge or freezer, would not be allowed.
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HOW TO START YOUR COTTAGE FOOD BUSINESS IN INDIANA – LICENSING
Cottage food operations do not require a license or permit in Indiana. There are no tests or hoops to jump through. UPDATE: Starting in July 2022, an Indiana home based food vendor must have a food handler certificate.
Indiana cottage food laws do not require you to register or do anything other than begin selling.
However, they do have rules on what you can and can’t serve and require you follow and local codes for business licensing, zoning, etc…
Always contact your local city / county office and verify if a business license is required prior to starting.
This is simply done by calling the main number to your city and letting them know you are starting a cottage food business and ask if you need a business license.
- Pick foods to offer from the “allowed” food types listed below.
- Familiarize yourself with food safety basics.
- Setup a roadside stand and/or sell at a farmer’s market
What Is A Farmers Market?
Indiana cottage food laws state:
A “Farmers Market” is a common facility where two or more farmers or growers gather on a regular basis to sell a variety of fruits, vegetables and other farm products directly to consumers
– Could be simultaneous with other events
– This is NOT an individual food establishment, such as a store that buys and sells local grown produce
A “Roadside Stand” is:
– A place, building, or structure along, or near, a road, street, lane,
avenue, boulevard, or highway where a HBV sells food product(s)
to the public.
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INDIANA COTTAGE FOOD LAW – Foods That Are Allowed
The following are examples of products allowed to be made from your home without a license. See testing / acidity section below on adding additional items that are non-potentially hazardous.
- Baked goods – cakes, fruit pies, cookies, brownies, dry noodles
- Candy and confections – caramels, chocolates, fudge, hard candy
- Whole, uncut produce
- Tree nuts and legumes
- Honey, molasses, sorghum, maple syrup
- Jams, jellies, preserves – only high acid fruit in sugar – May be temperature controlled only for quality
- Some rabbit, poultry and in-shell chicken eggs (check for special requirements on refrigerating and freezing rabbit and poultry for sale)
- Fermented produce “traditionally pickling”… when not in an oxygen sealed container
Real Life Cottage Food Entrepreneurs and Opportunities
- Cakes – teacher turns kitchen into bakery
- Doughnuts – cottage mini donut vendor
- Fruit jams and jellies – See Additional Requirements Here
- Kettle corn – real kettle corn vendors from home
- Popcorn (plain and flavored) – see a real home vendor here
- Talk and Join hundreds of others here: VendorsUnited.com
INDIANA COTTAGE FOOD LAWS – PROHIBITED FOODS
NOTE: Although eggs, milk and dairy products are not allowed, used as ingredients for the allowed foods – is acceptable.
DETAILS ON POTENTIALLY HAZARDOUS FOOD PRODUCTS IN INDIANA
Many prohibited foods that are baked or cooked into the allowed foods are rendered harmless and therefore allowed. As of July 2022, these are the definitions of “potentially hazardous food products” in the updated Indiana home-based foods law.
- Natural or synthetic food requiring temperature control due to possible support of infectious or toxigenic microbes or botulism
- Potential growth of salmonella (in raw shell eggs)
- Raw or heat treated food from animals
- Food from plants that is heat treated
- Raw seed sprouts
- Cut melons
- Garlic in oil unless modified to prevent growth of microorganisms
ACIDITY LEVELS AND TESTING
Most states determine if a food is non-potentially hazardous by the acidity level found in the food. The higher the acidity, the more stable at a range of temps, that food product is.
For example: milk is low acidity and requires temperature controls.
The acidity of foods is measured by pH.
• The range of pH is commonly considered to extend from zero to 14. A pH value of 7 is neutral because pure water has a pH value of exactly 7. Values less than 7 are considered acidic, while those greater than 7 are considered basic or alkaline.
• All fruits are acidic foods and are usually tart and sour. Ex: tomato, lemon, peach, apple, etc.
• The FDA rule for acidic foods states that a food must have a pH below 4.6 to be sold as a minimally processed food.
• The reason for this is bacteria does not grow at this level of acidity.
• The exclusion shall not be construed as allowing the sale of low acid foods (pH > 4.6) in
hermetically sealed containers (i.e. home-canned green beans, peas, etc.) when such
food is not prepared in a permitted establishment.
Some states require testing if the pH level is unknown. For many food products, the pH level is already known.
You can test for pH yourself using a pH spear tester. (make sure it is made for food and has a long spear tip).
Oklahoma State University shares an awesome guide for selecting the correct tester for foods and liquids which includes tips and tricks for operation and maintenance. Get The Guide Here.
INDIANA COTTAGE FOOD LAW LABELING REQUIREMENTS
INDIANA cottage food laws require labeling on all products made under the cottage food law. PLACARDS are allowed to be used instead but only if food can’t be labeled… like eggs. As of July 2022, home based vendors must also post labels on their web sites.
- Producer’s name and address
- Common or usual name of food product
- Ingredients of food product
- Net weight and volume or numerical count
- Date food product was processed
- The following statement in 10 point type (or larger):
“This product is home produced and processed and the production area has not been inspected by the State Department of Health. NOT FOR RESALE.”
Below is an example of what another state requires on their labels.
Using VistaPrint.com or similar – you can quickly create professional labels that not only serve to meet the state cottage food guidelines but also serve for marketing your awesome business and products.
You’ll find some fantastic examples of this from members inside VendorsUnited.com
ALLERGENS ON LABELING
The FDA lists eight (8) major food allergens. Listing any of these on your label is a smart business practice and will certainly help your customers choose a product.
- Fish (e.g., bass, flounder, cod)
- Crustacean shellfish (e.g., crab, lobster, shrimp)
- Tree nuts (e.g., almonds, walnuts, pecans)
Simply add to your label: “NOTICE: SOYBEANS USED IN THIS RECIPE” Some go as far to announce that a certain allergen is used in the same kitchen.
Some states require you list any potential allergens and potential for any cross contamination even if the allergen is not used in the recipe.
FDA Allergen Labeling Example: Contains Wheat, Milk, Egg, and Soy
WHERE CAN I SELL MY COTTAGE FOOD PRODUCTS
Indiana Cottage Food Laws – Sales Rules
Prior to July 2022, you may sell your cottage food products at ONLY – farmers’ markets and roadside stands.
- A tent, stand, vehicle, or trailer
- Visible from the road
- Located 100 feet or less from the edge of the road
NEW IN 2022: INDIANA ALLOWS INTERNET SALES
Beginning July 2022, home based food products can be sold directly to end consumers:
- In person
- By phone
- Through the internet
Home based foods may not be sold for resale, and can not be shipped outside of Indiana. Shipping records must be kept for at least one year.
Inside kitchenincome.com you can find out how many cottage food entrepreneurs are getting sales faster than they can make the food.
FOOD HANDLER TRAINING AND BEST PRACTICES
Prior to July 2022, Indiana cottage food laws does NOT require you take a food safety and handling course. However, knowing the safe handling practices will protect you and your customers. As of July 2022, Indiana vendors must have food handling certification.
There are many short courses you can take online and actually get certified and be able to share that with your customers.
Many of our VendorsUnited.com members are proud to display their food safety certificates as a way to insure their customers that they care. This helps your business.
- Short courses that provide food handling and safety certification
- Free info from the FDA – food safety
Much of this may seem like common sense, but even if you already know, it’s a good idea to remind yourself with a list of things that can prevent you from missing something small.
And if for no other reason… CYA! CYA = Cover Your A#%
CLEAN WORK AREA / WORK SPACE / SANITIZATION
Providing safe to eat foods from your kitchen – starts in your kitchen.
Keep your area clean and sanitized to avoid cross contamination and to insure you provide your customers and clients with the safest and best foods they can get.
The following are some “common” sense things you can do to insure the best environment for preparing foods to sell:
- Keep all equipment and surface areas clean and sanitized
- Make sure window and door screens are bug proof with no gaps
- Keep ingredients separate to prevent cross contamination / e.g. raw eggs near flour
- No pets in work area and preferably none in the home
- Allow no-one with a cold, sniffles or sick in kitchen while preparing foods
- Wipe down walls and clean floors daily
- Use good lighting to avoid missing unclean areas
- Keep window and door screens in good repair to keep insects out
- Wash hands frequently while working and use food grade gloves for extra safety
- Keep areas of food storage and equipment storage clean and sanitized
Why keep these types of records?
Let’s say the inspector calls you and says they got a report that your banana bread, someone purchased, made them sick.
You’ll be able to show that you didn’t even make banana bread that week and that the person who reported you, bought that 4 weeks ago and you weren’t even the one that sold it to him.
This does not need to be complicated. I love my yellow legal pads and they make an inexpensive tool for keeping up with the following:
- The recipes you use including ingredients
- The process you use to prepare that specific recipe: (can be just like recipe instructions)
- Date made (can be coded for your own use only if your state doesn’t require the production date) e.g. Made 12.22.29 = 292212
- Date sold (you can have a batch code to help track a certain batch) Simply write down date you sold an item
- Location sold is another great piece of information to keep track of
- Sales receipts are something great to keep for a couple of reasons and over at KitchenIncome.com I dive into the best practices, best systems and best methods for tracking, managing, selling and shipping.
COTTAGE FOOD lIABILITY INSURANCE
We live in a society that likes to sue. I can sue you for wearing that color shirt. No kidding! Of course I probably won’t win, but at the very least, it’s gonna cause you stress and some costs.
Liability insurance is a MUST.
It can be expensive – but several years ago, I found FLIP and by far, they gave me the most protection (coverage) and allow you to run your cottage food business without fear of being sued.
WHY? Because they provide the lawyers. And their lawyers… they are good!
Of course you should price shop around with your local agent or a national brand company, but rest assured, I’ve done all the legwork for you.
Alternatively, some folks opt to get bonded. You’ve heard the saying before: “licensed and bonded”. A bond is usually provided from an insurance bonding company or your own insurance company.
My first time, I got a bond at State Farm.
A bond is expensive comparatively but is less out of pocket in the beginning. Of course, it’s way, way less insurance / coverage too.
A $10,000 bond may cost $50 annually while a $2,000,000.00 liability policy may cost a few hundred a year.
No matter what you decide… knowing you’re insured against frivolous lawsuits is worth every penny.
INDIANA COTTAGE FOOD LAWS QUESTIONS AND ANSWERS
Indiana’s list of common questions with answers on Cottage Food Operations
INDIANA COTTAGE FOOD LAWS IMPORTANT LINKS
- Indiana Home Based Vendor (hbv) Basics
- Indiana Home Based Vendor State Laws
- Updated Indiana Home Based Vendor Law (July 2022)
INDIANA COTTAGE FOOD CONTACT
Lisa Harrison, ISDH Training Specialist
100 N. Senate Ave. Room N855
Indianapolis, IN 46204
UPDATES TO INDIANA COTTAGE FOOD LAWS
From time to time, links, info, rules and numbers change, are updated or made obsolete.
Although I spend time daily with hundreds of vendors (many of which are cottage food businesses) – I can miss an update.
If you find a broken link, outdated information or any other issue… please let me know and I’ll send you a special gift for helping me maintain the best site on the internet for the cottage food industry.
My goal has always been to have a central place that is absolutely free for those starting out or existing entrepreneurs who use their homes and kitchens to make real incomes.
Please send to [email protected] / or post inside the private VendorsUnited.com group.
Need more resources? Check it out HERE (Helpful Resources)
Take a peek at the best vendors on the planet, the community that rocks the food vending world: Vendors United…
This information is provided to help those interested in starting a cottage food business. It is not a document made by the state government. This information is not provided as law nor should be construed as law. Always use the contact information for each state to confirm compliance and any changes.
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5 thoughts on “Indiana Cottage Food Laws”
SB 183 has not passed.
Hey there! Good news for Indiana HBV starting July 1st. I sent you an email of the amended law that will allow us to sell online, in person, by mail, delivery, and almost anywhere in Indiana. We can even use 3rd party delivery service. I’m still sorting out the details.
The bill hasn’t passed, has it?
I believe it’s this one http://iga.in.gov/legislative/2022/bills/house/1149#document-88d4c8cb
Looks like it passed but doesn’t go into effect until July.
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