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July 2022 Where can foods prepared by HBVs be sold? HBVs may sell the food product anywhere directly to end consumer in person, by mail, or shipping by a third-party carrier inside the state of Indiana. HBV foods may not be sold to retail food establishments (restaurants, grocery stores, etc.). Labeling requirements for food produced by HBVs The label must provide the following: • The name and address of the producer of the food product. • The common or usual name of the food product. • The ingredients of the food product, in descending order by predominance by weight. • The net weight or volume of the food product by standard measure or numerical count. • The date on which the food product was processed. All foods packaged by HBV must have 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 State Department of Health. NOT FOR RESALE.” If HBV foods are to be shipped, products must be protected by tamper resistant packaging to allow end consumers to visually determine if the products were tampered with. An electronic or paper record of the shipping or delivery address of each end consumer a vendor sells a product to, must be maintain for at least one year after date of sale. Product liability for foods produced by HBVs Product liability is an important consideration for food produced by HBVs. Because these foods are not inspected by regulatory agencies, liability insurance may be difficult to obtain. HBVs are advised to contact their legal counsel and or insurance provider for advice. Resources for HBVs 1. Indiana State Department of Health Food Protection Program – (317) 233-7360 2. Indiana Department of Health website: protection/guidance-documents/ 3. Purdue Extension website for HBVs: knox/2022/04/new-hbv-laws.html?image Here you will find a list of frequently asked questions, the guidance document prepared by the Indiana State Department of Health, and a copy of the rule, HEA 1149. Or contact your local Health Department below: Information from the Indiana State Department of Health & Purdue University Food Science Department Brochure layout provided by the © Harrison County Health Department, TKM, 2010 Indiana House Enrolled Act 1149 IC 16-42-5.3 Hamilton County Health Department Hamilton County Health Department 18030 Foundation Drive, Suite A Noblesville, IN 46060 Phone: (317) 776-8500 Email: [EMAIL REDACTED] Website: /Health-Department ---PAGE BREAK--- July 2022 Change in Indiana HBV rule in 2022 In 2022, Governor Eric Holcomb signed into law House Enrolled Act 1149, which made changes to the previous rule. The most pertinent changes include the expansion of where HBVs may sell their product and the requirement of obtaining a food handler certificate for all HBVs. Home based vendors (HBVs) can make non- potentially hazardous foods (PHFs) in their homes and sell them anywhere directly to end consumers in person, by mail, or shipping by a third-party carrier inside the State of Indiana. While this rule allows certain freedom from health department inspections, the responsibility and liability rests directly on the home-based vendor. Potentially hazardous foods (PHFs) such as temperature-controlled home prepared foods are not allowed to be sold by a home-based vendor. PHFs have ingredients, packaging or storage requirements that must be followed to keep disease-causing bacteria from growing. (Foods that have a pH greater than 4.6 and a water activity greater than 0.85 allow harmful bacteria to grow and are PHFs.) These types of food can only be sold by a licensed retail food establishment. Following is a list, which is by no means comprehensive, of foods that may and may not be sold by HBVs. If you have specific questions about your product, contact your local health department or have your product evaluated by an outside consultant. Food type Food that may be sold by HBVs Food that may NOT be sold by HBVs Baked Goods Cookies, cakes (not needing refrigeration), fruit pies, cupcakes, yeast breads, fruit breads, baguettes Food that contains meat, poultry, aquatic animals, non- baked dairy (cheese, butter, yogurt), non- baked egg- containing products, cheesecakes Candies and Confections Caramels, chocolate, fudge, peanut brittle, chocolate covered fruits, bonbons, buckeyes, chocolate covered nuts Fruit and Vegetables Unprocessed, whole uncut items such as cherries, blackberries, cranberries, grapefruit, strawberries, oranges, blueberries, plums, tomatoes, corn, lettuce, green beans, peppers, etc. Fruit-based jams and jellies (made Canned products that are shelf- stable and in hermetically sealed containers such as salsas, chutney, chow- chow, and canned vegetables Pickled vegetables (beets, pickles) that are shelf- stable Cut tomatoes from strawberries, blueberries, grapes, raspberries, blackberries, etc.) Fermented pickles that do not require acidification or refrigeration and cut melons Garlic-in-oil mixtures, herb, and oil mixtures Raw seed sprouts Fruit butters (pear, pumpkin, etc.) Meat, *poultry, seafood Cooked meat and seafood products are not allowed to be sold. *See note below* Canned products that are shelf- stable and in hermetically sealed containers such as canned vegetables, canned meats, and canned seafood Tree Nuts and Legumes Peanuts, almonds, cashews, walnuts, pistachios, etc. Syrups Honey, molasses, sorghum, maple syrup *The sale of eggs, poultry, and rabbits is regulated under IC 16-42-5.3-10 and IC 16-42- 5.3-11. Please go to the following links for information: Board of Animal Health: inspection/ Indiana State Egg Board: *