Current Law Details
Greatly improved with HB 1149 (2022). No license, permit, inspection, or sales cap. ANSI food handler certificate required ($7-$15, valid 3 years). Strong state preemption prohibits local governments from adding restrictions. In-state shipping and online sales allowed. Third-party carrier delivery permitted. Most nonperishable foods allowed except acidified foods.
Registration & Training
๐Registration
- Required
- No
๐Training
- Required
- Yes
- Type
- ANSI-ANAB accredited food handler certificate
- Cost
- $6.95-$50 (most common $7-$15 online)
- Validity Period
- 3 years
Labeling Requirements
Required Statement
"This product is home produced and processed and the production area has not been inspected by the Indiana Department of Health. NOT FOR RESALE."
Additional Label Elements
- โName of person preparing the food
- โAddress of person preparing the food
- โDate the food was processed
- โProduct name (common or usual name)
- โNet weight and volume
- โIngredients list (descending order by weight)
- โAllergen disclosure (9 major allergens: milk, eggs, fish, shellfish, tree nuts, peanuts, wheat, soybeans, sesame)
Allowed Sales Venues
Any direct-to-consumer venue allowed: farmers markets, fairs/festivals, roadside stands, home sales, online platforms, phone orders. Wholesale and third-party retail sales prohibited. HB 1149 (2022) dramatically expanded from only farmers markets/roadside stands to all direct sales channels.
Shipping & Delivery
Shipping Options
- In-State
- Allowed
- Out-of-State
- Not Allowed
Delivery Methods
- Commercial Carriers
- Allowed
- Third-Party Delivery
- Allowed
In-state shipping allowed via mail (USPS), parcel service (UPS/FedEx), or third-party carrier. Personal delivery by producer allowed. Online/phone/email orders permitted. Must maintain records for shipped products (1 year): customer name, delivery address, product, date. Interstate shipping prohibited (Indiana residents only).
Allowed Foods
Most nonperishable foods allowed: baked goods (non-refrigerated), candies/confections, roasted/candied nuts, popcorn (all varieties), traditional jams/jellies/preserves (high-acid, full sugar ONLY), dried fruits/vegetables, fruit leathers, dried pasta, dried herbs, fresh produce, honey, granola, crackers, pretzels, coffee beans, tea, whole eggs. Acidified foods specifically PROHIBITED (pickles, salsas, sauces, chutneys, infused oils). Low-acid/pressure-canned foods prohibited. Meat, poultry, fish, dairy, processed eggs prohibited. Refrigerated baked goods (custard/cream pies, cheesecakes, cream cheese frosting) prohibited. No kombucha, juices, or garlic in oil.
Recent Legislative Updates
HB 1149 (IC 16-42-5.3)
Effective: July 1, 2022
Major transformation: expanded from only farmers markets/roadside stands to all direct-to-consumer sales including online, phone, shipping. Added ANSI food handler requirement. Created strong state preemption prohibiting local restrictions. Greatly expanded allowed foods.
HB 1562 (PENDING)
Effective: July 1, 2025 (if passed)
If passed: would create 'community producer' framework, potentially allow TCS foods with enhanced training, strengthen state preemption, may allow meat products with licensing. Still in committee as of January 2025.
Important Warnings & Notes
- โ ๏ธANSI-ANAB accredited food handler certificate required ($7-$15, valid 3 years)
- โ ๏ธAcidified foods (pickles, salsas, sauces) specifically prohibited
- โ ๏ธTraditional jams/jellies ONLY - high-acid fruit with full sugar recipes only
- โ ๏ธRecord keeping required for shipped products (1 year retention)
- โ ๏ธWebsite label posting required for online sales
- โ ๏ธOut-of-state sales prohibited (Indiana residents only)
- โ ๏ธDirect-to-consumer sales only - no wholesale, retail, or restaurant sales
- โ ๏ธState preemption prohibits local governments from adding restrictions
- โ ๏ธSome municipalities may require general business licenses (not cottage food specific)
Research Sources
This information was compiled from the following sources (Last updated: 2025-10-06):
- โขIndiana Code ยง 16-42-5.3 (Home Based Food Products)
- โขIndiana State Department of Health - Food Handler Fact Sheet (11/17/2022)
- โขPurdue University Extension - Home-Based Vendors
- โขIndiana General Assembly - HB 1149 (2022)
- โขIndiana General Assembly - HB 1562 (2025 pending)
- โขForrager.com - Indiana
Important Legal Disclaimer
This information is for educational purposes only and should not be considered legal advice. Cottage food laws change frequently and vary by local jurisdiction. Always verify current regulations with your state and local health departments before starting your business.
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