Indiana § 16-42-5-32 - Micro markets; definition; exemption from requirement to have person in charge present; exemption requirements; not subject to pre-plan review

§ 16-42-5-32. Micro markets; definition; exemption from requirement to have person in charge present; exemption requirements; not subject to pre-plan review

Sec. 32. (a) As used in this section, "micro market" means an unstaffed, self-checkout retail food establishment that:

(1) consists of one (1) or more micro market displays that do not exceed seventy-five (75) linear feet in total length across the front of all displays in any one (1) location;

(2) contains an automated payment system;

(3) is located indoors and within a business;

(4) is accessible only to an:

(A) owner or employee of the business; or

(B) escorted guest; and

(5) is not accessible to the general public.

(b) As used in this section, "micro market display" means any of the following in which food is displayed:

(1) An open rack.

(2) A refrigerator or a refrigerated cooler.

(3) A freezer.

(4) A vending machine.

(5) A beverage dispenser.

(6) A hot beverage brewer.

(c) As used in this section, "vending machine" means a self-service device that, upon activation, by the use of:

(1) a coin;

(2) paper currency;

(3) a token;

(4) a card;

(5) a key; or

(6) a software application on a smartphone;

or by optional manual operation, dispenses unit servings of food in bulk or in packages without the necessity of replenishing the device between each vending operation.

(d) Notwithstanding any other state law or administrative rule, the owner or operator of a micro market is not required to have a person in charge present at the micro market, as otherwise required under 410 IAC 7-24 or under any successor rule adopted by the state department, if the following requirements are met:

(1) The following security measures are used for the micro market:

(A) The micro market location includes video surveillance that operates on a twenty-four (24) hour per day, seven (7) day per week basis and:

(i) records consumers viewing, selecting, handling, and purchasing products from the micro market; and

(ii) provides sufficient resolution to identify consumers described in item (i).

(B) The video surveillance recordings described in clause (A) are:

(i) maintained; and

(ii) available for inspection upon request by the state department or another applicable regulatory agency;

for fourteen (14) days after the date of the surveillance.

(C) A video surveillance recording requested for inspection under clause (B) is made available to the state department or other requesting regulatory agency not later than twenty-four (24) hours after the time the request is received by the owner or operator of the micro market.

(D) The automated self-checkout equipment used in the micro market has the capability to match a purchase with the consumer who made the purchase.

(2) The only food sold at the micro market is commercially prepackaged food, ready to eat fruit, and hot beverages. Except for hot beverages, all food must be sold unheated.

(3) Prepackaged food sold at the micro market is contained in tamper evident packaging.

(4) Prepackaged food sold at the micro market contains the following information on its packaging:

(A) Except as exempted under the federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), nutrition labeling for the food as specified in 21 CFR 101 and 9 CFR 317, Subpart B.

(B) A freshness or expiration date.

(C) The labeling requirements set forth in 410 IAC 7-24-146 or in any successor rule adopted by the state department.

(5) Refrigerated or frozen food sold in the micro market is stored in a refrigerated cooler or freezer that:

(A) maintains an internal temperature:

(i) of forty-one (41) degrees Fahrenheit or less; or

(ii) as otherwise necessary for food safety, as established by the state department;

(B) has self-closing doors;

(C) allows the food to be viewed without opening the door to the refrigerated cooler or freezer; and

(D) has an automatic self-locking feature that prevents a consumer from accessing the food upon the occurrence of any condition (including a power failure or mechanical failure) that results in the failure of the refrigerated cooler or freezer to maintain the internal temperature set forth in clause (A).

(6) There is a sign that:

(A) is posted at the location of the micro market;

(B) is readily visible from the automated payment system; and

(C) contains the following information that is printed entirely in English and that may also, at the discretion of the owner or operator of the micro market, be printed in any other prevalent language of the customers of the micro market:

(i) The name of the owner or operator of the micro market to whom complaints and comments concerning the micro market may be addressed.

(ii) The business address of the owner or operator of the micro market.

(iii) The telephone number of the owner or operator of the micro market.

(iv) The electronic mail address and website information for the owner or operator of the micro market, as applicable.

(e) Notwithstanding any other law, administrative rule, or local ordinance, an owner or operator of a micro market shall not be required to:

(1) submit any documentation; or

(2) be subject to any:

(A) pre-plan review;

(B) inspection process; or

(C) approval process;

by the state department, corporation, or local health department before the installation of a micro market.

An owner or operator of a micro market must notify the corporation or local health department where the micro market is located not later than ten (10) business days after the installation of the micro market. An owner or operator of a micro market shall not be subject to any fee associated with the notification described in this subsection.

As added by P.L.46-2017, SEC.4. Amended by P.L.91-2021, SEC.1; P.L.23-2026, SEC.151.

IC 16-42-5.1Chapter 5.1. Mobile Retail Food Establishments

16-42-5.1-1"Local health department" 16-42-5.1-2"Mobile retail food establishment" 16-42-5.1-3"Mobile retail food establishment permit" 16-42-5.1-4Issuance of permit; inspection; fee 16-42-5.1-5Receiving applications for permits; collecting fees; issuing permits; conducting inspections; permit requirement 16-42-5.1-6Inspections 16-42-5.1-7Prohibition on adopting more stringent standards 16-42-5.1-8Permit; renewal; operation Note: This version of chapter effective until 1-1-2027. See also following repeal of this chapter, effective 1-1-2027.

IC 16-42-5.1-1"Local health department" Note: This version of section effective until 1-1-2027. See also following repeal of this chapter, effective 1-1-2027.

Sec. 1. As used in this chapter, "local health department" refers to:

(1) a local health department established under IC 16-20; or

(2) the health and hospital corporation created under IC 16-22-8.

As added by P.L.151-2024, SEC.7.

IC 16-42-5.1-2"Mobile retail food establishment" Note: This version of section effective until 1-1-2027. See also following repeal of this chapter, effective 1-1-2027.

Sec. 2. (a) As used in this chapter, "mobile retail food establishment" means a retail food establishment that is readily moveable.

(b) The term includes a retail food establishment that:

(1) has wheels;

(2) is on skids;

(3) is mounted on a vehicle; or

(4) is a marine vessel.

As added by P.L.151-2024, SEC.7.

IC 16-42-5.1-3"Mobile retail food establishment permit" Note: This version of section effective until 1-1-2027. See also following repeal of this chapter, effective 1-1-2027.

Sec. 3. As used in this chapter, "mobile retail food establishment permit" refers to a permit issued by a local health department for the operation of a mobile retail food establishment.

As added by P.L.151-2024, SEC.7.

IC 16-42-5.1-4Issuance of permit; inspection; fee Note: This version of section effective until 1-1-2027. See also following repeal of this chapter, effective 1-1-2027.

Sec. 4. (a) A local health department shall:

(1) issue a mobile retail food establishment permit; and

(2) inspect a mobile retail food establishment;

in accordance with rules adopted by the state department under IC 4-22-2.

(b) A local health department shall establish an annual fee:

(1) to be paid with each application for the issuance or renewal of a mobile retail food establishment permit; and

(2) that does not exceed two hundred dollars ($200).

As added by P.L.151-2024, SEC.7.

IC 16-42-5.1-5Receiving applications for permits; collecting fees; issuing permits; conducting inspections; permit requirement Note: This version of section effective until 1-1-2027. See also following repeal of this chapter, effective 1-1-2027.

Sec. 5. (a) Not later than January 1, 2025, a local health department shall begin:

(1) receiving applications for mobile retail food establishment permits;

(2) collecting annual permit fees;

(3) issuing a mobile retail food establishment permit; and

(4) conducting inspections of mobile retail food establishments.

(b) Beginning January 1, 2025, a person may not operate a mobile retail food establishment within the jurisdiction of a local health department unless the person obtains a mobile retail food establishment permit from the local health department.

As added by P.L.151-2024, SEC.7.

IC 16-42-5.1-6Inspections Note: This version of section effective until 1-1-2027. See also following repeal of this chapter, effective 1-1-2027.

Sec. 6. A local health department may conduct more than one (1) inspection of a mobile retail food establishment.

As added by P.L.151-2024, SEC.7.

IC 16-42-5.1-7Prohibition on adopting more stringent standards Note: This version of section effective until 1-1-2027. See also following repeal of this chapter, effective 1-1-2027.

Sec. 7. A local health department may not adopt standards concerning mobile retail food establishments that are more stringent than the rules adopted by the state department under IC 4-22-2.

As added by P.L.151-2024, SEC.7.

IC 16-42-5.1-8Permit; renewal; operation Note: This version of section effective until 1-1-2027. See also following repeal of this chapter, effective 1-1-2027.

Sec. 8. A mobile retail food establishment permit issued by a local health department under this chapter:

(1) is in effect for one (1) year;

(2) may be renewed annually by the owner or operator of a mobile retail food establishment that continues to meet the standards established by the local health department under this chapter; and

(3) authorizes the owner or operator to operate a mobile retail food establishment within the jurisdiction of the local health department.

As added by P.L.151-2024, SEC.7.

IC 16-42-5.1Chapter 5.1. Repealed Note: This repeal of chapter effective 1-1-2027. See also preceding version of this chapter, effective until 1-1-2027.

Repealed by P.L.235-2025, SEC.5.

IC 16-42-5.2Chapter 5.2. Food Handlers

16-42-5.2-1Local regulation precluded 16-42-5.2-2Exempt food establishments 16-42-5.2-3Exempt entities 16-42-5.2-3.5Exempt organizations 16-42-5.2-3.7"Certificate" 16-42-5.2-4"Certified food protection manager" 16-42-5.2-5Repealed 16-42-5.2-6Repealed 16-42-5.2-7Repealed 16-42-5.2-7.1Certified food protection manager duties 16-42-5.2-7.5Certification required to use title 16-42-5.2-8Presence of certified food protection manager; variances 16-42-5.2-8.5Food establishment duties 16-42-5.2-9Time requirements; food establishment beginning operation or changing ownership 16-42-5.2-10Time requirements; certified food protection manager terminating employment 16-42-5.2-11Multiple food establishments on same property 16-42-5.2-12Penalties 16-42-5.2-13Adoption of rules 16-42-5.2-14Local authority to issue a permit 16-42-5.2-15Local enforcement 16-42-5.2-16Expired

IC 16-42-5.2-1Local regulation precluded Sec. 1. Except as provided in this chapter, a corporation or local health department may not impose any registration, certification, or licensing requirements on food handling or certified food protection managers.

As added by P.L.266-2001, SEC.16. Amended by P.L.45-2020, SEC.10.

IC 16-42-5.2-2Exempt food establishments Sec. 2. This chapter does not apply to a food establishment when the food establishment's food handling activities do not include the cooking of raw food of an animal origin or are limited to one (1) or more of the following:

(1) Heating or serving precooked foods.

(2) Preparing or serving a continental breakfast such as rolls, coffee, juice, milk, and cold cereal.

(3) Preparing or serving beverages or ice.

(4) Preparing or serving packaged or unpackaged low hazard foods, including elephant ears, funnel cakes, cotton candy, confectionaries, baked goods, popcorn, and chips and grinding coffee beans.

(5) Providing prepackaged food in its original package.

As added by P.L.266-2001, SEC.16. Amended by P.L.139-2005, SEC.1; P.L.45-2020, SEC.11.

IC 16-42-5.2-3Exempt entities Sec. 3. This chapter does not apply to the following:

(1) Hospitals licensed under IC 16-21.

(2) Health facilities licensed under IC 16-28.

(3) Housing with services establishments that are required to file disclosure statements under IC 12-10-15.

(4) Continuing care retirement communities required to file disclosure statements under IC 23-2-4.

(5) Community mental health centers (as defined in IC 12-7-2.1-78).

(6) Private mental health institutions licensed under IC 12-25.

(7) An area agency on aging designated under IC 12-10-1 that provides food under a nutrition service program. However, the premises where the food is prepared is not exempt from the requirements under this chapter.

(8) A food pantry that:

(A) is operated or affiliated with a nonprofit organization that is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code; and

(B) distributes food, which may include food from the United States Department of Agriculture, to needy persons.

However, a food bank or other facility that distributes donated food to other organizations is not exempt from the requirements of this chapter.

As added by P.L.266-2001, SEC.16. Amended by P.L.104-2003, SEC.9; P.L.97-2004, SEC.71; P.L.139-2005, SEC.2; P.L.145-2026, SEC.114.

IC 16-42-5.2-3.5Exempt organizations Sec. 3.5. (a) An organization that is exempt from the state gross retail tax under IC 6-2.5-5-25(a)(1)(B), IC 6-2.5-5-25(a)(1)(C), or IC 6-2.5-5-25(a)(1)(D) is exempt from complying with the requirements of this chapter.

(b) This section does not prohibit an exempted organization from waiving the exemption and using a certified food protection manager.

As added by P.L.139-2005, SEC.3. Amended by P.L.45-2020, SEC.12; P.L.118-2024, SEC.30.

IC 16-42-5.2-3.7"Certificate" Sec. 3.7. As used in this chapter, "certificate" means a certificate, letter, or other document that verifies that the individual has passed an accreditation examination given by an accredited testing service recognized by the Conference for Food Protection or an equivalent nationally recognized certification program as determined by the state department.

As added by P.L.45-2020, SEC.13. Amended by P.L.56-2023, SEC.168.

IC 16-42-5.2-4"Certified food protection manager" Sec. 4. As used in this chapter, "certified food protection manager" means a food handler who holds a certificate.

As added by P.L.266-2001, SEC.16. Amended by P.L.45-2020, SEC.14.

IC 16-42-5.2-5RepealedAs added by P.L.266-2001, SEC.16. Repealed by P.L.45-2020, SEC.15.

IC 16-42-5.2-6RepealedAs added by P.L.266-2001, SEC.16. Repealed by P.L.45-2020, SEC.16.

IC 16-42-5.2-7RepealedAs added by P.L.266-2001, SEC.16. Repealed by P.L.45-2020, SEC.17.

IC 16-42-5.2-7.1Certified food protection manager duties Sec. 7.1. (a) A certified food protection manager must do the following:

(1) Provide the food establishment where the certified food protection manager is employed with a copy of the individual's certificate and photo identification card.

(2) Obtain a valid certificate every five (5) years.

(b) An individual may not work as a certified food protection manager with an expired certificate.

As added by P.L.45-2020, SEC.18.

IC 16-42-5.2-7.5Certification required to use title Sec. 7.5. An individual may not use the title "certified food protection manager" or indicate that the individual is a certified food protection manager unless the individual holds a valid certificate.

As added by P.L.45-2020, SEC.19.

IC 16-42-5.2-8Presence of certified food protection manager; variances Sec. 8. (a) A food establishment must have at least one (1) certified food protection manager responsible for all periods of the food establishment's operation. However, a certified food protection manager need not be present at the food establishment during all hours of operation.

(b) Notwithstanding subsection (a), if the state department and food establishment enter into a variance concerning requirements for the operation of the food establishment, a certified food protection manager may be required to be present at the food establishment during all hours of operation if agreed upon in the variance.

As added by P.L.266-2001, SEC.16. Amended by P.L.45-2020, SEC.20.

IC 16-42-5.2-8.5Food establishment duties Sec. 8.5. A food establishment must do the following:

(1) Provide the name and copies of the certificate and photo identification card for the certified food protection manager to an inspector from a governmental regulatory authority.

(2) Remove the certificate from the food establishment when the certified food protection manager terminates employment with the food establishment.

As added by P.L.45-2020, SEC.21.

IC 16-42-5.2-9Time requirements; food establishment beginning operation or changing ownership Sec. 9. A food establishment that begins operation or changes ownership shall comply with section 8 of this chapter not later than six (6) months after beginning operation or changing ownership.

As added by P.L.266-2001, SEC.16. Amended by P.L.45-2020, SEC.22.

IC 16-42-5.2-10Time requirements; certified food protection manager terminating employment Sec. 10. If a food establishment does not have a certified food protection manager because a certified food protection manager terminates employment with the food establishment, the owner or operator of the food establishment shall comply with section 8 of this chapter not later than three (3) months after the termination date of the previous certified food protection manager.

As added by P.L.266-2001, SEC.16. Amended by P.L.45-2020, SEC.23.

IC 16-42-5.2-11Multiple food establishments on same property Sec. 11. If more than one (1) food establishment operated by the same individual is located on the same property or on contiguous properties, only one (1) certified food protection manager is required for the food establishments.

As added by P.L.266-2001, SEC.16. Amended by P.L.45-2020, SEC.24.

IC 16-42-5.2-12Penalties Sec. 12. (a) An individual who violates any of the provisions of this chapter before July 1, 2020, is subject to the penalties prescribed by the executive board under section 13 of this chapter. This subsection expires January 1, 2021.

(b) After June 30, 2020, a person that violates section 7.1(b) of this chapter is subject to a civil penalty not to exceed fifty dollars ($50) per day per violation.

(c) After June 30, 2020, a person that violates section 7.1(a)(1), 7.5, 8, 8.5, 9, or 10 of this chapter is subject to a civil penalty not to exceed one hundred dollars ($100) per day per violation.

As added by P.L.266-2001, SEC.16. Amended by P.L.45-2020, SEC.25.

IC 16-42-5.2-13Adoption of rules Sec. 13. The executive board may adopt rules under IC 4-22-2 establishing standards for:

(1) the administration of this chapter; and

(2) the imposition of penalties for violations of this chapter.

As added by P.L.266-2001, SEC.16. Amended by P.L.45-2020, SEC.26.

IC 16-42-5.2-14Local authority to issue a permit Sec. 14. This chapter does not limit the authority of a corporation or local health department to require a permit for retail food establishments.

As added by P.L.266-2001, SEC.16. Amended by P.L.45-2020, SEC.27.

IC 16-42-5.2-15Local enforcement Sec. 15. A corporation or local health department may, upon application to and approval of the state department, enforce the provisions of this chapter.

As added by P.L.266-2001, SEC.16.

IC 16-42-5.2-16ExpiredAs added by P.L.45-2020, SEC.28. Expired 6-30-2021 by P.L.45-2020, SEC.28.

IC 16-42-5.3Chapter 5.3. Home Based Food Products

16-42-5.3-1Definitions 16-42-5.3-2Home based vendor 16-42-5.3-3Exemption from food establishment requirements 16-42-5.3-4Requirements for the preparation and sale of a food product 16-42-5.3-5Labeling requirements 16-42-5.3-6Shipping and delivery of a food product 16-42-5.3-7Food handler certificate 16-42-5.3-8Food sampling and inspection; powers of the state department 16-42-5.3-9Development of guidelines 16-42-5.3-10Sale of poultry and rabbits at a farmers' market or roadside stand; exemption from food establishment requirements 16-42-5.3-11Sale of eggs; exemption for sale of eggs or whole uncut produce by certain individual vendors 16-42-5.3-12Prohibition on an ordinance or resolution requiring licensure, certification, or inspection 16-42-5.3-13Guidelines concerning state department rules; enforcement

IC 16-42-5.3-1Definitions Sec. 1. (a) As used in this chapter, "end consumer" means a person who is the last person to purchase any food product and who does not resell the food product.

(b) As used in this chapter, "roadside stand" means a structure, including a tent, stand, vehicle, or trailer that is:

(1) visible from a road; and

(2) located not more than one hundred (100) feet from the edge of the side of the road;

where whole uncut produce, food products that are not time temperature control for safety food, poultry that is exempt under IC 15-17-5-11, rabbits, or eggs permitted for sale by the state egg board are sold to an end consumer.

As added by P.L.49-2022, SEC.4. Amended by P.L.151-2024, SEC.8.

IC 16-42-5.3-2Home based vendor Sec. 2. A person may prepare and sell food products as a home based vendor if the person complies with the requirements of this chapter.

As added by P.L.49-2022, SEC.4.

IC 16-42-5.3-3Exemption from food establishment requirements Sec. 3. The production and sale of food products by a home based vendor in accordance with this chapter are exempt from the requirements of this title that apply to food establishments.

As added by P.L.49-2022, SEC.4.

IC 16-42-5.3-4Requirements for the preparation and sale of a food product Sec. 4. A home based vendor shall prepare and sell only a food product that is:

(1) made, grown, or raised by an individual at the individual's primary residence, including any permanent structure that is on the same property as the residence;

(2) not a time temperature control for safety food;

(3) prepared using proper sanitary procedures, including:

(A) proper hand washing;

(B) sanitizing the container or other packaging in which the food product is contained;

(C) storing the food product safely;

(D) producing the food product in a food preparation or packaging area in which animals are not present; and

(E) cleaning and sanitizing of surfaces that have contact with the food product;

(4) not resold;

(5) sold in person, by telephone, or through the Internet; and

(6) delivered to the end consumer in person, by mail, or by a third party carrier.

As added by P.L.49-2022, SEC.4. Amended by P.L.151-2024, SEC.9.

IC 16-42-5.3-5Labeling requirements Sec. 5. (a) A home based vendor shall include a label for packaged food or a sign for unpackaged food that contains the following information:

(1) The name and address of the producer of the food product.

(2) The common or usual name of the food product.

(3) The ingredients of the food product, in descending order by predominance by weight.

(4) The net weight or volume of the food product by standard measure or numerical count.

(5) The date on which the food product was processed.

(6) The following statement in at least 10 point type: "This product is home produced and processed and the production area has not been inspected by the Indiana Department of Health. NOT FOR RESALE.".

(b) A home based vendor shall post the label of each food product on the vendor's website.

As added by P.L.49-2022, SEC.4. Amended by P.L.56-2023, SEC.169.

IC 16-42-5.3-6Shipping and delivery of a food product Sec. 6. (a) A home based vendor may not ship or deliver a food product to an end consumer who is located outside Indiana.

(b) A home based vendor shall do the following:

(1) Ship or deliver a food product in a sealed package that allows an end consumer to determine whether the product has been tampered with.

(2) Maintain a record of the shipping or delivery address of each end consumer the vendor sells a food product to for at least one (1) year after the date of the sale.

(3) Upon request, provide a record described in subdivision (2) to the state department.

As added by P.L.49-2022, SEC.4.

IC 16-42-5.3-7Food handler certificate Sec. 7. (a) A home based vendor shall obtain a food handler certificate from a certificate issuer that is accredited by the American National Standards Institute.

(b) Upon request, a home based vendor shall provide a copy of the food handler certificate required by subsection (a) to the state department or an end consumer.

(c) A home based vendor shall provide a copy of the food handler certificate required by subsection (a) to the local health department in the county where the home based vendor's residence is located.

As added by P.L.49-2022, SEC.4.

IC 16-42-5.3-8Food sampling and inspection; powers of the state department Sec. 8. (a) A home based vendor is subject to food sampling and inspection if:

(1) the state department determines that the home based vendor's food product is:

(A) misbranded under IC 16-42-2-3; or

(B) adulterated; or

(2) a consumer complaint has been received by the state department.

(b) If the state department has reason to believe that an imminent health hazard exists with respect to a home based 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.

(c) For purposes of this chapter, 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 a home based vendor and inspect any food products in those places and all pertinent equipment, materials, containers, and labeling.

As added by P.L.49-2022, SEC.4.

IC 16-42-5.3-9Development of guidelines Sec. 9. The state health commissioner may develop guidelines for the requirements described in this chapter, including:

(1) standards for best safe food handling practices;

(2) disease control measures; and

(3) standards for potable water sources.

As added by P.L.49-2022, SEC.4.

IC 16-42-5.3-10Sale of poultry and rabbits at a farmers' market or roadside stand; exemption from food establishment requirements Sec. 10. (a) This section applies to the sale of poultry and rabbits by an individual vendor of a farmers' market or roadside stand.

(b) The following products are exempt from the requirements of this title that apply to food establishments:

(1) Poultry products produced under IC 15-17-5-11. Poultry products sold at a farmers' market or roadside stand must be frozen at the point of sale. Poultry products sold on the farm where the product is produced must be kept refrigerated at the point of sale and through delivery by the producer to the end consumer.

(2) Rabbits that are slaughtered and processed on a farm for the purpose of conducting limited sales on the farm, at a farmers' market, and at a roadside stand. Rabbit meat sold at a farmers' market or roadside stand must be frozen at the point of sale. Rabbit meat sold on the farm where the product is produced must be kept refrigerated at the point of sale and through delivery by the producer to the end consumer. An individual who sells rabbits under this subsection shall comply with the label requirements set forth in this chapter.

(c) This section does not apply to the distribution of meat from a game animal.

As added by P.L.49-2022, SEC.4.

IC 16-42-5.3-11Sale of eggs; exemption for sale of eggs or whole uncut produce by certain individual vendors Sec. 11. (a) IC 16-42-11 applies to the sale of eggs under this chapter.

(b) An individual vendor of a farmers' market or roadside stand is exempt from the requirements of this title that apply to a food establishment relating to the sale of eggs or whole uncut produce.

As added by P.L.49-2022, SEC.4. Amended by P.L.147-2023, SEC.27.

IC 16-42-5.3-12Prohibition on an ordinance or resolution requiring licensure, certification, or inspection Sec. 12. Notwithstanding any other law, a local unit of government (as defined in IC 14-22-31.5-1) may not by ordinance or resolution require any licensure, certification, or inspection of foods or food products of a home based vendor or an individual vendor who prepares and sells food products under this chapter.

As added by P.L.49-2022, SEC.4.

IC 16-42-5.3-13Guidelines concerning state department rules; enforcement Sec. 13. (a) For the purpose of enforcing this chapter, the local health officers are food environmental health specialists subordinate to the state department.

(b) To ensure that enforcement of the state laws and rules is uniform throughout the state, the state department shall provide to the local health officers who are food environmental health specialists guidelines concerning the interpretation and of the state department's rules concerning home based vendors. A food environmental health specialist may not enforce the state department's rules concerning home based vendors in a manner that is more strict than the state department's guidelines.

As added by P.L.49-2022, SEC.4.

IC 16-42-5.4Chapter 5.4. Regulation of Community Producers

16-42-5.4-1"Homestead vendor" 16-42-5.4-2"Meat product" 16-42-5.4-3"Produce" 16-42-5.4-3.5"Property" 16-42-5.4-4"Small farm" 16-42-5.4-5Prohibition on an ordinance or resolution requiring licensure, certification, or inspection 16-42-5.4-6Permitted items for sale; location of sales 16-42-5.4-7Labeling requirements 16-42-5.4-8Shipping and delivery of items 16-42-5.4-9Refrigeration requirements

IC 16-42-5.4-1"Homestead vendor" Sec. 1. As used in this chapter, "homestead vendor" means a person that prepares and sells food products or meat products from:

(1) property or at a farmers market; and

(2) which the person does not receive more than one million five hundred thousand dollars ($1,500,000) in gross sales from food products or meat products in a single year.

As added by P.L.163-2026, SEC.8.

IC 16-42-5.4-2"Meat product" Sec. 2. As used in this chapter, "meat product" means a product capable of use as human food that is made wholly or in part from meat or other parts of the carcass of any of the following:

(1) Cattle.

(2) Sheep.

(3) Swine.

(4) Bison.

(5) Poultry.

(6) Goats.

(7) Rabbit.

As added by P.L.163-2026, SEC.8.

IC 16-42-5.4-3"Produce" Sec. 3. As used in this chapter, "produce" means any agricultural or naturally occurring product that is:

(1) grown, cultivated, raised, or harvested for human consumption; and

(2) not prohibited by state or federal law.

As added by P.L.163-2026, SEC.8.

IC 16-42-5.4-3.5"Property" Sec. 3.5. As used in this chapter, "property" means land owned or leased by a homestead vendor or the owner of a small farm that is either the homestead vendor's or the owner of a small farm's:

(1) primary residence; or

(2) agricultural property.

As added by P.L.163-2026, SEC.8.

IC 16-42-5.4-4"Small farm" Sec. 4. As used in this chapter, "small farm" means land:

(1) that is used primarily for growing crops or raising livestock;

(2) from which a person prepares and sells food products; and

(3) from which not more than one million five hundred thousand dollars ($1,500,000) in gross sales is received from:

(A) meat products;

(B) cultivated or harvested crops; or

(C) the sale of food products;

in a single year.

As added by P.L.163-2026, SEC.8.

IC 16-42-5.4-5Prohibition on an ordinance or resolution requiring licensure, certification, or inspection Sec. 5. (a) Except as provided in subsection (b), the state department, a local unit of government (as defined in IC 14-22-31.5-1), the corporation, or a local health department may not impose any rules, regulations, certifications, or licensing requirements on:

(1) a homestead vendor; or

(2) an owner of a small farm;

that are not required under federal law.

(b) The state department, a local unit of government (as defined in IC 14-22-31.5-1), the corporation, or a local health department may investigate complaints against:

(1) a homestead vendor; or

(2) an owner of a small farm;

regarding a foodborne illness derived from the homestead vendor or the owner of a small farm's food product.

As added by P.L.163-2026, SEC.8.

IC 16-42-5.4-6Permitted items for sale; location of sales Sec. 6. (a) The homestead vendor or the owner of a small farm may sell the items described in subsection (b) at:

(1) property (as defined in section 3.5 of this chapter); or

(2) a farmers market;

directly to an end consumer.

(b) A homestead vendor or the owner of a small farm may sell the following items primarily derived from a location described in subsection (a)(1) or (a)(2) directly to an end consumer:

(1) Meat products:

(A) raised at the individual's property; and

(B) slaughtered, processed, and labeled in compliance with IC 15-17-5.

(2) Prepared foods, including baked goods.

(3) Candy.

(4) Produce.

(5) Natural sweeteners.

(6) Fruit spreads.

As added by P.L.163-2026, SEC.8.

IC 16-42-5.4-7Labeling requirements Sec. 7. (a) A homestead vendor or the owner of a small farm shall include a label for packaged homemade food products or a sign for unpackaged homemade food products that contains the following information:

(1) The name of the homestead vendor or the owner of the small farm that produced the homemade food product.

(2) The address of the homestead vendor or the owner of the small farm that produced the homemade food product.

(3) The ingredients of the homemade food product, in descending order by predominance by weight.

(4) A description of the homemade food product.

(5) A description of allergens that might have come in contact with the homemade food product.

(6) The following statement in at least 10 point type: "This product was produced by a homestead vendor or the owner of a small farm that is exempt from government licensing and inspection.".

(b) A homestead vendor may not ship or deliver a food product to an end consumer who is located outside Indiana.

As added by P.L.163-2026, SEC.8.

IC 16-42-5.4-8Shipping and delivery of items Sec. 8. (a) If a homestead vendor or the owner of a small farm obtains a food handler's certificate from a certificate issuer that is accredited by the American National Standards Institute, then the homestead vendor or the owner of a small farm may ship or deliver a food product or meat product in a sealed package directly to an end consumer.

(b) A homestead vendor or the owner of a small farm who does not have a food handler's certificate may not ship or deliver a food product or meat product.

(c) A homestead vendor or the owner of a small farm may not ship or deliver a food product or meat product to an end consumer who is located outside Indiana.

As added by P.L.163-2026, SEC.8.

IC 16-42-5.4-9Refrigeration requirements Sec. 9. (a) A homestead vendor or the owner of a small farm who sells meat products from livestock under this chapter must keep the meat products refrigerated in a manner consistent with best food handling practices.

(b) A homestead vendor or the owner of a small farm who is subject to section 8 of this chapter shall:

(1) handle;

(2) refrigerate;

(3) transport; and

(4) store;

the meat products or food products in a manner that prevents contamination or adulteration.

As added by P.L.163-2026, SEC.8.

IC 16-42-6Chapter 6. Repealed[Pre-1993 Recodification Citations:

16-42-6-1formerly 16-1-21-516-42-6-2formerly 16-1-21-616-42-6-3formerly 16-1-21-716-42-6-4formerly 16-1-21-916-42-6-5formerly 16-1-21-1116-42-6-6formerly 16-1-21-316-42-6-7formerly 16-1-21-416-42-6-8formerly 16-1-21-816-42-6-9formerly 16-1-35-1.]Repealed by P.L.144-1996, SEC.15.

IC 16-42-7Chapter 7. Repealed[Pre-1993 Recodification Citations:

16-42-7-1formerly 16-1-22-516-42-7-2formerly 16-1-22-816-42-7-3formerly 16-1-22-916-42-7-4formerly 16-1-22-1016-42-7-5formerly 16-1-22-1116-42-7-6formerly 16-1-22-1216-42-7-7formerly 16-1-22-1316-42-7-8formerly 16-1-22-14 part16-42-7-9formerly 16-1-22-716-42-7-10formerly 16-1-22-1516-42-7-11formerly 16-1-22-16 part16-42-7-12formerly 16-1-22-16 part; 16-1-22-1716-42-7-13formerly 16-1-22-1816-42-7-14formerly 16-1-22-1916-42-7-15formerly 16-1-22-2016-42-7-16formerly 16-1-22-2116-42-7-17formerly 16-1-22-2216-42-7-18formerly 16-1-22-2316-42-7-19formerly 16-1-22-2416-42-7-20formerly 16-1-22-2516-42-7-21formerly 16-1-22-2616-42-7-22formerly 16-1-22-2716-42-7-23formerly 16-1-22-2816-42-7-24formerly 16-1-22-2916-42-7-25formerly 16-1-22-3016-42-7-26formerly 16-1-22-3116-42-7-27formerly 16-1-22-3216-42-7-28formerly 16-1-22-3316-42-7-29formerly 16-1-22-3416-42-7-30formerly 16-1-22-3516-42-7-31formerly 16-1-22-3616-42-7-32formerly 16-1-22-3716-42-7-33formerly 16-1-22-3816-42-7-34formerly 16-1-22-3916-42-7-35formerly 16-1-22-4116-42-7-36formerly 16-1-22-4216-42-7-37formerly 16-1-22-4316-42-7-38formerly 16-1-22-4416-42-7-39formerly 16-1-22-4516-42-7-40formerly 16-1-22-4016-42-7-41formerly 16-1-22-616-42-7-42formerly 16-1-22-14 part16-42-7-43formerly 16-1-22-4616-42-7-44formerly 16-1-35-1.]Repealed by P.L.104-2003, SEC.10.

IC 16-42-8Chapter 8. Repealed[Pre-1993 Recodification Citations:

16-42-8-1formerly 16-6-4-1 part16-42-8-2formerly 16-6-4-516-42-8-3formerly 16-6-4-1 part16-42-8-4formerly 16-6-4-316-42-8-5formerly 16-6-4-1016-42-8-6formerly 16-6-4-1116-42-8-7formerly 16-6-4-1216-42-8-8formerly 16-6-4-1316-42-8-9formerly 16-6-4-1416-42-8-10formerly 16-6-4-1516-42-8-11formerly 16-6-4-16 part16-42-8-12formerly 16-6-4-1816-42-8-13formerly 16-6-4-1916-42-8-14formerly 16-6-4-2016-42-8-15formerly 16-6-4-2116-42-8-16formerly 16-6-4-2216-42-8-17formerly 16-6-4-2316-42-8-18formerly 16-6-4-2416-42-8-19formerly 16-6-4-2516-42-8-20formerly 16-6-4-2616-42-8-21formerly 16-6-4-2716-42-8-22formerly 16-6-4-2816-42-8-23formerly 16-6-4-2916-42-8-24formerly 16-6-4-3016-42-8-25formerly 16-6-4-3116-42-8-26formerly 16-6-4-3216-42-8-27formerly 16-6-4-3316-42-8-28formerly 16-6-4-3416-42-8-29formerly 16-6-4-3516-42-8-30formerly 16-6-4-3616-42-8-31formerly 16-6-4-3716-42-8-32formerly 16-6-4-3816-42-8-33formerly 16-6-4-3916-42-8-34formerly 16-6-4-4016-42-8-35formerly 16-6-4-4116-42-8-36formerly 16-6-4-4216-42-8-37formerly 16-6-4-4316-42-8-38formerly 16-6-4-4416-42-8-39formerly 16-6-4-816-42-8-40formerly 16-6-4-916-42-8-41formerly 16-6-4-16 part; 16-6-4-4516-42-8-42formerly 16-6-4-1716-42-8-43formerly 16-6-4-46.]Repealed by P.L.144-1996, SEC.15.

IC 16-42-9Chapter 9. Repealed[Pre-1993 Recodification Citations:

16-42-9-1formerly 16-6-2-1(a), (b)16-42-9-2formerly 16-6-2-1(c) part16-42-9-3formerly 16-6-2-1(c) part16-42-9-4formerly 16-6-2-316-42-9-5formerly 16-6-2-2.]Repealed by P.L.87-1994, SEC.16.

IC 16-42-10Chapter 10. Food: Manufacture and Sale of Flour, White Bread, and Rolls

16-42-10-1"Enriched" defined 16-42-10-2"Flour" defined 16-42-10-3"Person" defined 16-42-10-4"Rolls" defined 16-42-10-5"White bread" defined 16-42-10-6Enforcement; rules and orders 16-42-10-7Enriched flour; exceptions; certificate of intent 16-42-10-8White bread or rolls; standards 16-42-10-9Labeling requirements; interstate commerce 16-42-10-10Shortages of ingredients; exempting orders; hearings; rescinding orders 16-42-10-11Publication of orders, rules, or notices 16-42-10-12Examinations, investigations, and inspections 16-42-10-13Violations