Indiana 2022 Regular Session

Indiana House Bill HB1149 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	HB1149.1
	2	+	January 20, 2022
	3	+	HOUSE BILL No. 1149
	4	+	_____
	5	+	DIGEST OF HB 1149 (Updated January 18, 2022 11:51 am - DI 77)
	6	+	Citations Affected: IC 16-18; IC 16-42.
	7	+	Synopsis: Home based vendors. Specifies the requirements for the
	8	+	preparation and sale of food products as a home based vendor.
	9	+	Reorganizes provisions concerning the sale of certain food products by
	10	+	an individual vendor at a farmers' market or roadside stand. Requires
	11	+	an individual who sells poultry, rabbits, and eggs at a farmers' market
	12	+	or roadside stand to comply with certain requirements. Makes
	13	+	conforming changes.
	14	+	Effective: July 1, 2022.
	15	+	Lehe, Clere, Davisson J., Bauer M
	16	+	January 6, 2022, read first time and referred to Committee on Agriculture and Rural
	17	+	Development.
	18	+	January 20, 2022, amended, reported — Do Pass.
	19	+	HB 1149—LS 6652/DI 147 January 20, 2022
1	20		Second Regular Session of the 122nd General Assembly (2022)
2	21		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	22		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	23		additions will appear in this style type, and deletions will appear in this style type.
5	24		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	25		provision adopted), the text of the new provision will appear in this style type. Also, the
7	26		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	27		a new provision to the Indiana Code or the Indiana Constitution.
9	28		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	29		between statutes enacted by the 2021 Regular Session of the General Assembly.
11		-	HOUSE ENROLLED ACT No. 1149
12		-	AN ACT to amend the Indiana Code concerning health.
	30	+	HOUSE BILL No. 1149
	31	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	32	+	health.
13	33		Be it enacted by the General Assembly of the State of Indiana:
14		-	SECTION 1. IC 16-18-2-137, AS AMENDED BY P.L.144-2015,
15		-	SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16		-	JULY 1, 2022]: Sec. 137. (a) "Food establishment", for purposes of
17		-	IC 16-42-5, and IC 16-42-5.2, and IC 16-42-5.3, means any building,
18		-	room, basement, vehicle of transportation, cellar, or open or enclosed
19		-	area occupied or used for handling food.
20		-	(b) The term does not include the following:
21		-	(1) A dwelling where food is prepared on the premises by the
22		-	occupants, free of charge, for their consumption or for
23		-	consumption by their guests.
24		-	(2) A gathering of individuals at a venue of an organization that
25		-	is organized for educational purposes in a nonpublic educational
26		-	setting or for religious purposes, if:
27		-	(A) the individuals separately or jointly provide or prepare,
28		-	free of charge, and consume their own food or that of others
29		-	attending the gathering; and
30		-	(B) the gathering is for a purpose of the organization.
31		-	Gatherings for the purpose of the organization include funerals,
32		-	wedding receptions, christenings, bar or bat mitzvahs, baptisms,
33		-	communions, and other events or celebrations sponsored by the
34		-	organization.
35		-	(3) A vehicle used to transport food solely for distribution to the
36		-	HEA 1149 — Concur 2
37		-	needy, either free of charge or for a nominal donation.
38		-	(4) A private gathering of individuals who separately or jointly
39		-	provide or prepare and consume their own food or that of others
40		-	attending the gathering, regardless of whether the gathering is
41		-	held on public or private property.
42		-	(5) Except for food prepared by a for-profit entity, a venue of the
43		-	sale of food prepared for an organization:
44		-	(A) that is organized for:
45		-	(i) religious purposes; or
46		-	(ii) educational purposes in a nonpublic educational setting;
47		-	(B) that is exempt from taxation under Section 501 of the
48		-	Internal Revenue Code; and
49		-	(C) that offers the food for sale to the final consumer at an
50		-	event held for the benefit of the organization;
51		-	unless the food is being provided in a restaurant or a cafeteria
52		-	with an extensive menu of prepared foods.
53		-	(6) Except for food prepared by a for-profit entity, an Indiana
54		-	nonprofit organization that:
55		-	(A) is organized for civic, fraternal, veterans, or charitable
56		-	purposes;
57		-	(B) is exempt from taxation under Section 501 of the Internal
58		-	Revenue Code; and
59		-	(C) offers food for sale to the final consumer at an event held
60		-	for the benefit of the organization;
61		-	if the events conducted by the organization take place for not
62		-	more than fifteen (15) days in a calendar year.
63		-	(7) An individual vendor of a farmer's market or roadside stand if
64		-	the individual meets the requirements of IC 16-42-5-29.
65		-	(8) (7) The holder of a farm winery permit under IC 7.1-3-12-5 or
66		-	a brewer's permit under IC 7.1-3-2-7(5) if the requirements of
67		-	IC 16-42-5-30 are met.
68		-	(8) A home based vendor or an individual vendor who sells a
69		-	food product under IC 16-42-5.3.
70		-	SECTION 2. IC 16-18-2-287.8, AS ADDED BY P.L.86-2009,
71		-	SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
72		-	JULY 1, 2022]: Sec. 287.8. (a) "Potentially hazardous food product",
73		-	for purposes of IC 16-42-5-29, IC 16-42-5.3, means a food that is
74		-	natural or synthetic and requires temperature control because it is in a
75		-	form capable of supporting any of the following:
76		-	(1) The rapid and progressive growth of infectious or toxigenic
77		-	microorganisms.
78		-	(2) The growth and toxin production of Clostridium botulinum.
79		-	HEA 1149 — Concur 3
80		-	(3) In raw shell eggs, the growth of Salmonella enteritidis.
81		-	(b) The term includes the following:
82		-	(1) A food of animal origin that is raw or heat treated.
83		-	(2) A food of plant origin that is heat treated or consists of raw
84		-	seed sprouts.
85		-	(3) Cut melons.
86		-	(4) Garlic-in-oil mixtures that are not modified in a way that
87		-	results in mixtures that do not support growth described in
88		-	subsection (a).
89		-	SECTION 3. IC 16-42-5-29 IS REPEALED [EFFECTIVE JULY 1,
90		-	2022]. Sec. 29. (a) Except as provided in subsection (h), this section
91		-	applies to an individual vendor of a farmers market or roadside stand.
92		-	(b) As used in this section, "end consumer" means a person who is
93		-	the last person to purchase any food product and who does not resell
94		-	the food product.
95		-	(c) An individual vendor of a farmers market or roadside stand is
96		-	not considered to be a food establishment and is exempt from the
97		-	requirements of this title that apply to food establishments if the
98		-	individual vendor's food product:
99		-	(1) is made, grown, or raised by an individual at the individual's
100		-	primary residence, property owned by the individual, or property
101		-	leased by the individual;
102		-	(2) is not a potentially hazardous food product;
103		-	(3) is prepared by an individual who practices proper sanitary
104		-	procedures, including:
105		-	(A) proper hand washing;
106		-	(B) sanitation of the container or other packaging in which the
107		-	food product is contained; and
108		-	(C) safe storage of the food product;
109		-	(4) is not resold; and
110		-	(5) includes a label that contains the following information:
111		-	(A) The name and address of the producer of the food product.
112		-	(B) The common or usual name of the food product.
113		-	(C) The ingredients of the food product, in descending order
114		-	by predominance by weight.
115		-	(D) The net weight and volume of the food product by
116		-	standard measure or numerical count.
117		-	(E) The date on which the food product was processed.
118		-	(F) The following statement in at least 10 point type: "This
119		-	product is home produced and processed and the production
120		-	area has not been inspected by the state department of health.".
121		-	(d) An individual vendor who meets the requirements in subsection
122		-	HEA 1149 — Concur 4
123		-	(c) is subject to food sampling and inspection if:
124		-	(1) the state department determines that the individual vendor's
125		-	food product is:
126		-	(A) misbranded under IC 16-42-2-3; or
127		-	(B) adulterated; or
128		-	(2) a consumer complaint has been received by the state
129		-	department.
130		-	(e) If the state department has reason to believe that an imminent
131		-	health hazard exists with respect to an individual vendor's food
132		-	product, the state department may order cessation of production and
133		-	sale of the food product until the state department determines that the
134		-	hazardous situation has been addressed.
135		-	(f) For purposes of this section, the state health commissioner or the
136		-	commissioner's authorized representatives may take samples for
137		-	analysis and conduct examinations and investigations through any
138		-	officers or employees under the state health commissioner's
139		-	supervision. Those officers and employees may enter, at reasonable
140		-	times, the facilities of an individual vendor and inspect any food
141		-	products in those places and all pertinent equipment, materials,
142		-	containers, and labeling.
143		-	(g) The state health commissioner may develop guidelines for an
144		-	individual vendor who seeks an exemption from regulation as a food
145		-	establishment as described in subsection (c). The guidelines may
146		-	include:
147		-	(1) standards for best safe food handling practices;
148		-	(2) disease control measures; and
149		-	(3) standards for potable water sources.
150		-	(h) The department shall exclude from the definition of food
151		-	establishment the sale of products described in subsection (i):
152		-	(1) by an individual vendor of a farmers market or roadside stand;
153		-	and
154		-	(2) by a farmer selling directly to the end consumer on the farm
155		-	where the product is produced and through delivery to the end
156		-	consumer.
157		-	(i) Subsection (h) applies to the distribution of the following
158		-	products:
159		-	(1) Poultry products produced under IC 15-17-5-11. Poultry
160		-	products sold at a farmers market or roadside stand must be
161		-	frozen at the point of sale. Poultry products sold on the farm
162		-	where the product is produced must be refrigerated at the point of
163		-	sale and through delivery.
164		-	(2) Rabbits that are slaughtered and processed on a farm for the
165		-	HEA 1149 — Concur 5
166		-	purpose of conducting limited sales on the farm, at a farmers
167		-	market, and at a roadside stand. Rabbit meat sold at a farmers
168		-	market or roadside stand must be frozen at the point of sale.
169		-	Rabbit meat sold on the farm where the product is produced must
170		-	be refrigerated at the point of sale and through delivery.
171		-	Subsection (h) does not apply to the distribution of meat from a game
172		-	animal.
173		-	(j) An individual vendor of a farmers market or roadside stand that
174		-	sells eggs that meet the requirements under IC 16-42-11 is not
175		-	considered to be a food establishment and is exempt from the
176		-	requirements of this title that apply to a food establishment relating to
177		-	the sale of eggs.
178		-	(k) Notwithstanding any other law, a local unit of government (as
179		-	defined in IC 14-22-31.5-1) may not by ordinance or resolution require
180		-	any licensure, certification, or inspection of foods or food products of
181		-	an individual vendor who meets the requirements in subsection (c),
182		-	including an individual vendor who delivers the individual's food or
183		-	food product directly to an end consumer.
184		-	SECTION 4. IC 16-42-5.3 IS ADDED TO THE INDIANA CODE
185		-	AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
186		-	JULY 1, 2022]:
187		-	Chapter 5.3. Home Based Food Products
188		-	Sec. 1. (a) As used in this chapter, "end consumer" means a
189		-	person who is the last person to purchase any food product and
190		-	who does not resell the food product.
191		-	(b) As used in this chapter, "roadside stand" means a structure,
192		-	including a tent, stand, vehicle, or trailer that is:
193		-	(1) visible from a road; and
194		-	(2) located not more than one hundred (100) feet from the
195		-	edge of the side of the road;
196		-	where whole uncut produce, food products that are not potentially
197		-	hazardous, poultry that is exempt under IC 15-17-5-11, rabbits, or
198		-	eggs permitted for sale by the state egg board are sold to an end
199		-	consumer.
200		-	Sec. 2. A person may prepare and sell food products as a home
201		-	based vendor if the person complies with the requirements of this
202		-	chapter.
203		-	Sec. 3. The production and sale of food products by a home
204		-	based vendor in accordance with this chapter are exempt from the
205		-	requirements of this title that apply to food establishments.
206		-	Sec. 4. A home based vendor shall prepare and sell only a food
207		-	product that is:
208		-	HEA 1149 — Concur 6
209		-	(1) made, grown, or raised by an individual at the individual's
210		-	primary residence, including any permanent structure that is
211		-	on the same property as the residence;
212		-	(2) not a potentially hazardous food product;
213		-	(3) prepared using proper sanitary procedures, including:
214		-	(A) proper hand washing;
215		-	(B) sanitizing the container or other packaging in which
216		-	the food product is contained;
217		-	(C) storing the food product safely;
218		-	(D) producing the food product in a food preparation or
219		-	packaging area in which animals are not present; and
220		-	(E) cleaning and sanitizing of surfaces that have contact
221		-	with the food product;
222		-	(4) not resold;
223		-	(5) sold in person, by telephone, or through the Internet; and
224		-	(6) delivered to the end consumer in person, by mail, or by a
225		-	third party carrier.
226		-	Sec. 5. (a) A home based vendor shall include a label for
227		-	packaged food or a sign for unpackaged food that contains the
228		-	following information:
229		-	(1) The name and address of the producer of the food product.
230		-	(2) The common or usual name of the food product.
231		-	(3) The ingredients of the food product, in descending order
232		-	by predominance by weight.
233		-	(4) The net weight or volume of the food product by standard
234		-	measure or numerical count.
235		-	(5) The date on which the food product was processed.
236		-	(6) The following statement in at least 10 point type: "This
237		-	product is home produced and processed and the production
238		-	area has not been inspected by the state department of health.
239		-	NOT FOR RESALE.".
240		-	(b) A home based vendor shall post the label of each food
241		-	product on the vendor's Internet web site.
242		-	Sec. 6. (a) A home based vendor may not ship or deliver a food
243		-	product to an end consumer who is located outside Indiana.
244		-	(b) A home based vendor shall do the following:
245		-	(1) Ship or deliver a food product in a sealed package that
246		-	allows an end consumer to determine whether the product has
247		-	been tampered with.
248		-	(2) Maintain a record of the shipping or delivery address of
249		-	each end consumer the vendor sells a food product to for at
250		-	least one (1) year after the date of the sale.
251		-	HEA 1149 — Concur 7
252		-	(3) Upon request, provide a record described in subdivision
253		-	(2) to the state department.
254		-	Sec. 7. (a) A home based vendor shall obtain a food handler
255		-	certificate from a certificate issuer that is accredited by the
256		-	American National Standards Institute.
257		-	(b) Upon request, a home based vendor shall provide a copy of
258		-	the food handler certificate required by subsection (a) to the state
259		-	department or an end consumer.
260		-	(c) A home based vendor shall provide a copy of the food
261		-	handler certificate required by subsection (a) to the local health
262		-	department in the county where the home based vendor's residence
263		-	is located.
264		-	Sec. 8. (a) A home based vendor is subject to food sampling and
265		-	inspection if:
266		-	(1) the state department determines that the home based
267		-	vendor's food product is:
268		-	(A) misbranded under IC 16-42-2-3; or
269		-	(B) adulterated; or
270		-	(2) a consumer complaint has been received by the state
271		-	department.
272		-	(b) If the state department has reason to believe that an
273		-	imminent health hazard exists with respect to a home based
274		-	vendor's food product, the state department may order cessation
275		-	of production and sale of the food product until the state
276		-	department determines that the hazardous situation has been
277		-	addressed.
278		-	(c) For purposes of this chapter, the state health commissioner
279		-	or the commissioner's authorized representatives may take
280		-	samples for analysis and conduct examinations and investigations
281		-	through any officers or employees under the state health
282		-	commissioner's supervision. Those officers and employees may
283		-	enter, at reasonable times, the facilities of a home based vendor
284		-	and inspect any food products in those places and all pertinent
285		-	equipment, materials, containers, and labeling.
286		-	Sec. 9. The state health commissioner may develop guidelines
287		-	for the requirements described in this chapter, including:
288		-	(1) standards for best safe food handling practices;
289		-	(2) disease control measures; and
290		-	(3) standards for potable water sources.
291		-	Sec. 10. (a) This section applies to the sale of poultry and rabbits
292		-	by an individual vendor of a farmers' market or roadside stand.
293		-	(b) The following products are exempt from the requirements
294		-	HEA 1149 — Concur 8
295		-	of this title that apply to food establishments:
296		-	(1) Poultry products produced under IC 15-17-5-11. Poultry
297		-	products sold at a farmers' market or roadside stand must be
298		-	frozen at the point of sale. Poultry products sold on the farm
299		-	where the product is produced must be kept refrigerated at
300		-	the point of sale and through delivery by the producer to the
301		-	end consumer.
302		-	(2) Rabbits that are slaughtered and processed on a farm for
303		-	the purpose of conducting limited sales on the farm, at a
304		-	farmers' market, and at a roadside stand. Rabbit meat sold at
305		-	a farmers' market or roadside stand must be frozen at the
306		-	point of sale. Rabbit meat sold on the farm where the product
307		-	is produced must be kept refrigerated at the point of sale and
308		-	through delivery by the producer to the end consumer. An
309		-	individual who sells rabbits under this subsection shall comply
310		-	with the label requirements set forth in this chapter.
311		-	(c) This section does not apply to the distribution of meat from
312		-	a game animal.
313		-	Sec. 11. (a) IC 16-42-11 applies to the sale of eggs under this
314		-	chapter.
315		-	(b) An individual vendor of a farmers' market or roadside stand
316		-	is exempt from the requirements of this title that apply to a food
317		-	establishment relating to the sale of eggs, whole uncut produce, or
318		-	food products that are not potentially hazardous.
319		-	Sec. 12. Notwithstanding any other law, a local unit of
320		-	government (as defined in IC 14-22-31.5-1) may not by ordinance
321		-	or resolution require any licensure, certification, or inspection of
322		-	foods or food products of a home based vendor or an individual
323		-	vendor who prepares and sells food products under this chapter.
324		-	Sec. 13. (a) For the purpose of enforcing this chapter, the local
325		-	health officers are food environmental health specialists
326		-	subordinate to the state department.
327		-	(b) To ensure that enforcement of the state laws and rules is
328		-	uniform throughout the state, the state department shall provide
329		-	to the local health officers who are food environmental health
330		-	specialists guidelines concerning the interpretation and of the state
331		-	department's rules concerning home based vendors. A food
332		-	environmental health specialist may not enforce the state
333		-	department's rules concerning home based vendors in a manner
334		-	that is more strict than the state department's guidelines.
335		-	HEA 1149 — Concur Speaker of the House of Representatives
336		-	President of the Senate
337		-	President Pro Tempore
338		-	Governor of the State of Indiana
339		-	Date: Time:
340		-	HEA 1149 — Concur
	34	+	1 SECTION 1. IC 16-18-2-137, AS AMENDED BY P.L.144-2015,
	35	+	2 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	36	+	3 JULY 1, 2022]: Sec. 137. (a) "Food establishment", for purposes of
	37	+	4 IC 16-42-5, and IC 16-42-5.2, and IC 16-42-5.3, means any building,
	38	+	5 room, basement, vehicle of transportation, cellar, or open or enclosed
	39	+	6 area occupied or used for handling food.
	40	+	7 (b) The term does not include the following:
	41	+	8 (1) A dwelling where food is prepared on the premises by the
	42	+	9 occupants, free of charge, for their consumption or for
	43	+	10 consumption by their guests.
	44	+	11 (2) A gathering of individuals at a venue of an organization that
	45	+	12 is organized for educational purposes in a nonpublic educational
	46	+	13 setting or for religious purposes, if:
	47	+	14 (A) the individuals separately or jointly provide or prepare,
	48	+	15 free of charge, and consume their own food or that of others
	49	+	16 attending the gathering; and
	50	+	17 (B) the gathering is for a purpose of the organization.
	51	+	HB 1149—LS 6652/DI 147 2
	52	+	1 Gatherings for the purpose of the organization include funerals,
	53	+	2 wedding receptions, christenings, bar or bat mitzvahs, baptisms,
	54	+	3 communions, and other events or celebrations sponsored by the
	55	+	4 organization.
	56	+	5 (3) A vehicle used to transport food solely for distribution to the
	57	+	6 needy, either free of charge or for a nominal donation.
	58	+	7 (4) A private gathering of individuals who separately or jointly
	59	+	8 provide or prepare and consume their own food or that of others
	60	+	9 attending the gathering, regardless of whether the gathering is
	61	+	10 held on public or private property.
	62	+	11 (5) Except for food prepared by a for-profit entity, a venue of the
	63	+	12 sale of food prepared for an organization:
	64	+	13 (A) that is organized for:
	65	+	14 (i) religious purposes; or
	66	+	15 (ii) educational purposes in a nonpublic educational setting;
	67	+	16 (B) that is exempt from taxation under Section 501 of the
	68	+	17 Internal Revenue Code; and
	69	+	18 (C) that offers the food for sale to the final consumer at an
	70	+	19 event held for the benefit of the organization;
	71	+	20 unless the food is being provided in a restaurant or a cafeteria
	72	+	21 with an extensive menu of prepared foods.
	73	+	22 (6) Except for food prepared by a for-profit entity, an Indiana
	74	+	23 nonprofit organization that:
	75	+	24 (A) is organized for civic, fraternal, veterans, or charitable
	76	+	25 purposes;
	77	+	26 (B) is exempt from taxation under Section 501 of the Internal
	78	+	27 Revenue Code; and
	79	+	28 (C) offers food for sale to the final consumer at an event held
	80	+	29 for the benefit of the organization;
	81	+	30 if the events conducted by the organization take place for not
	82	+	31 more than fifteen (15) days in a calendar year.
	83	+	32 (7) An individual vendor of a farmer's market or roadside stand if
	84	+	33 the individual meets the requirements of IC 16-42-5-29.
	85	+	34 (8) (7) The holder of a farm winery permit under IC 7.1-3-12-5 or
	86	+	35 a brewer's permit under IC 7.1-3-2-7(5) if the requirements of
	87	+	36 IC 16-42-5-30 are met.
	88	+	37 (8) A home based vendor or an individual vendor who sells a
	89	+	38 food product under IC 16-42-5.3.
	90	+	39 SECTION 2. IC 16-18-2-287.8, AS ADDED BY P.L.86-2009,
	91	+	40 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	92	+	41 JULY 1, 2022]: Sec. 287.8. (a) "Potentially hazardous food product",
	93	+	42 for purposes of IC 16-42-5-29, IC 16-42-5.3, means a food that is
	94	+	HB 1149—LS 6652/DI 147 3
	95	+	1 natural or synthetic and requires temperature control because it is in a
	96	+	2 form capable of supporting any of the following:
	97	+	3 (1) The rapid and progressive growth of infectious or toxigenic
	98	+	4 microorganisms.
	99	+	5 (2) The growth and toxin production of Clostridium botulinum.
	100	+	6 (3) In raw shell eggs, the growth of Salmonella enteritidis.
	101	+	7 (b) The term includes the following:
	102	+	8 (1) A food of animal origin that is raw or heat treated.
	103	+	9 (2) A food of plant origin that is heat treated or consists of raw
	104	+	10 seed sprouts.
	105	+	11 (3) Cut melons.
	106	+	12 (4) Garlic-in-oil mixtures that are not modified in a way that
	107	+	13 results in mixtures that do not support growth described in
	108	+	14 subsection (a).
	109	+	15 SECTION 3. IC 16-42-5-29 IS REPEALED [EFFECTIVE JULY 1,
	110	+	16 2022]. Sec. 29. (a) Except as provided in subsection (h), this section
	111	+	17 applies to an individual vendor of a farmers market or roadside stand.
	112	+	18 (b) As used in this section, "end consumer" means a person who is
	113	+	19 the last person to purchase any food product and who does not resell
	114	+	20 the food product.
	115	+	21 (c) An individual vendor of a farmers market or roadside stand is
	116	+	22 not considered to be a food establishment and is exempt from the
	117	+	23 requirements of this title that apply to food establishments if the
	118	+	24 individual vendor's food product:
	119	+	25 (1) is made, grown, or raised by an individual at the individual's
	120	+	26 primary residence, property owned by the individual, or property
	121	+	27 leased by the individual;
	122	+	28 (2) is not a potentially hazardous food product;
	123	+	29 (3) is prepared by an individual who practices proper sanitary
	124	+	30 procedures, including:
	125	+	31 (A) proper hand washing;
	126	+	32 (B) sanitation of the container or other packaging in which the
	127	+	33 food product is contained; and
	128	+	34 (C) safe storage of the food product;
	129	+	35 (4) is not resold; and
	130	+	36 (5) includes a label that contains the following information:
	131	+	37 (A) The name and address of the producer of the food product.
	132	+	38 (B) The common or usual name of the food product.
	133	+	39 (C) The ingredients of the food product, in descending order
	134	+	40 by predominance by weight.
	135	+	41 (D) The net weight and volume of the food product by
	136	+	42 standard measure or numerical count.
	137	+	HB 1149—LS 6652/DI 147 4
	138	+	1 (E) The date on which the food product was processed.
	139	+	2 (F) The following statement in at least 10 point type: "This
	140	+	3 product is home produced and processed and the production
	141	+	4 area has not been inspected by the state department of health.".
	142	+	5 (d) An individual vendor who meets the requirements in subsection
	143	+	6 (c) is subject to food sampling and inspection if:
	144	+	7 (1) the state department determines that the individual vendor's
	145	+	8 food product is:
	146	+	9 (A) misbranded under IC 16-42-2-3; or
	147	+	10 (B) adulterated; or
	148	+	11 (2) a consumer complaint has been received by the state
	149	+	12 department.
	150	+	13 (e) If the state department has reason to believe that an imminent
	151	+	14 health hazard exists with respect to an individual vendor's food
	152	+	15 product, the state department may order cessation of production and
	153	+	16 sale of the food product until the state department determines that the
	154	+	17 hazardous situation has been addressed.
	155	+	18 (f) For purposes of this section, the state health commissioner or the
	156	+	19 commissioner's authorized representatives may take samples for
	157	+	20 analysis and conduct examinations and investigations through any
	158	+	21 officers or employees under the state health commissioner's
	159	+	22 supervision. Those officers and employees may enter, at reasonable
	160	+	23 times, the facilities of an individual vendor and inspect any food
	161	+	24 products in those places and all pertinent equipment, materials,
	162	+	25 containers, and labeling.
	163	+	26 (g) The state health commissioner may develop guidelines for an
	164	+	27 individual vendor who seeks an exemption from regulation as a food
	165	+	28 establishment as described in subsection (c). The guidelines may
	166	+	29 include:
	167	+	30 (1) standards for best safe food handling practices;
	168	+	31 (2) disease control measures; and
	169	+	32 (3) standards for potable water sources.
	170	+	33 (h) The department shall exclude from the definition of food
	171	+	34 establishment the sale of products described in subsection (i):
	172	+	35 (1) by an individual vendor of a farmers market or roadside stand;
	173	+	36 and
	174	+	37 (2) by a farmer selling directly to the end consumer on the farm
	175	+	38 where the product is produced and through delivery to the end
	176	+	39 consumer.
	177	+	40 (i) Subsection (h) applies to the distribution of the following
	178	+	41 products:
	179	+	42 (1) Poultry products produced under IC 15-17-5-11. Poultry
	180	+	HB 1149—LS 6652/DI 147 5
	181	+	1 products sold at a farmers market or roadside stand must be
	182	+	2 frozen at the point of sale. Poultry products sold on the farm
	183	+	3 where the product is produced must be refrigerated at the point of
	184	+	4 sale and through delivery.
	185	+	5 (2) Rabbits that are slaughtered and processed on a farm for the
	186	+	6 purpose of conducting limited sales on the farm, at a farmers
	187	+	7 market, and at a roadside stand. Rabbit meat sold at a farmers
	188	+	8 market or roadside stand must be frozen at the point of sale.
	189	+	9 Rabbit meat sold on the farm where the product is produced must
	190	+	10 be refrigerated at the point of sale and through delivery.
	191	+	11 Subsection (h) does not apply to the distribution of meat from a game
	192	+	12 animal.
	193	+	13 (j) An individual vendor of a farmers market or roadside stand that
	194	+	14 sells eggs that meet the requirements under IC 16-42-11 is not
	195	+	15 considered to be a food establishment and is exempt from the
	196	+	16 requirements of this title that apply to a food establishment relating to
	197	+	17 the sale of eggs.
	198	+	18 (k) Notwithstanding any other law, a local unit of government (as
	199	+	19 defined in IC 14-22-31.5-1) may not by ordinance or resolution require
	200	+	20 any licensure, certification, or inspection of foods or food products of
	201	+	21 an individual vendor who meets the requirements in subsection (c),
	202	+	22 including an individual vendor who delivers the individual's food or
	203	+	23 food product directly to an end consumer.
	204	+	24 SECTION 4. IC 16-42-5.3 IS ADDED TO THE INDIANA CODE
	205	+	25 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
	206	+	26 JULY 1, 2022]:
	207	+	27 Chapter 5.3. Home Based Food Products
	208	+	28 Sec. 1. (a) As used in this chapter, "end consumer" means a
	209	+	29 person who is the last person to purchase any food product and
	210	+	30 who does not resell the food product.
	211	+	31 (b) As used in this chapter, "roadside stand" means a structure,
	212	+	32 including a tent, stand, vehicle, or trailer that is:
	213	+	33 (1) visible from a road; and
	214	+	34 (2) located not more than one hundred (100) feet from the
	215	+	35 edge of the side of the road;
	216	+	36 where whole uncut produce, food products that are not potentially
	217	+	37 hazardous, poultry that is exempt under IC 15-17-5-11, rabbits, or
	218	+	38 eggs permitted for sale by the state egg board are sold to an end
	219	+	39 consumer.
	220	+	40 Sec. 2. A person may prepare and sell food products as a home
	221	+	41 based vendor if the person complies with the requirements of this
	222	+	42 chapter.
	223	+	HB 1149—LS 6652/DI 147 6
	224	+	1 Sec. 3. The production and sale of food products by a home
	225	+	2 based vendor in accordance with this chapter are exempt from the
	226	+	3 requirements of this title that apply to food establishments.
	227	+	4 Sec. 4. A home based vendor shall prepare and sell only a food
	228	+	5 product that is:
	229	+	6 (1) made, grown, or raised by an individual at the individual's
	230	+	7 primary residence, property owned by the individual, or
	231	+	8 property leased by the individual;
	232	+	9 (2) not a potentially hazardous food product;
	233	+	10 (3) prepared using proper sanitary procedures, including:
	234	+	11 (A) proper hand washing;
	235	+	12 (B) sanitizing the container or other packaging in which
	236	+	13 the food product is contained;
	237	+	14 (C) storing the food product safely;
	238	+	15 (D) producing the food product in a food preparation or
	239	+	16 packaging area in which animals are not present; and
	240	+	17 (E) cleaning and sanitizing of surfaces that have contact
	241	+	18 with the food product;
	242	+	19 (4) not resold;
	243	+	20 (5) sold in person, by telephone, or through the Internet; and
	244	+	21 (6) delivered to the end consumer in person, by mail, or by a
	245	+	22 third party carrier.
	246	+	23 Sec. 5. (a) A home based vendor shall include a label for
	247	+	24 packaged food or a sign for unpackaged food that contains the
	248	+	25 following information:
	249	+	26 (1) The name and address of the producer of the food product.
	250	+	27 (2) The common or usual name of the food product.
	251	+	28 (3) The ingredients of the food product, in descending order
	252	+	29 by predominance by weight.
	253	+	30 (4) The net weight or volume of the food product by standard
	254	+	31 measure or numerical count.
	255	+	32 (5) The date on which the food product was processed.
	256	+	33 (6) The following statement in at least 10 point type: "This
	257	+	34 product is home produced and processed and the production
	258	+	35 area has not been inspected by the state department of health.
	259	+	36 NOT FOR RESALE.".
	260	+	37 (b) A home based vendor shall post the label of each food
	261	+	38 product on the vendor's Internet web site.
	262	+	39 Sec. 6. (a) A home based vendor may not ship a food product to
	263	+	40 an end consumer who is located outside Indiana.
	264	+	41 (b) A home based vendor shall do the following:
	265	+	42 (1) Ship or deliver a food product in a sealed package that
	266	+	HB 1149—LS 6652/DI 147 7
	267	+	1 allows an end consumer to determine whether the product has
	268	+	2 been tampered with.
	269	+	3 (2) Maintain a record of the shipping or delivery address of
	270	+	4 each end consumer the vendor sells a food product to for at
	271	+	5 least one (1) year after the date of the sale.
	272	+	6 (3) Upon request, provide a record described in subdivision
	273	+	7 (2) to the state department.
	274	+	8 Sec. 7. (a) A home based vendor shall obtain a food handler
	275	+	9 certificate from a certificate issuer that is accredited by the
	276	+	10 American National Standards Institute.
	277	+	11 (b) Upon request, a home based vendor shall provide a copy of
	278	+	12 the food handler certificate required by subsection (a) to the state
	279	+	13 department or an end consumer.
	280	+	14 Sec. 8. (a) A home based vendor is subject to food sampling and
	281	+	15 inspection if:
	282	+	16 (1) the state department determines that the home based
	283	+	17 vendor's food product is:
	284	+	18 (A) misbranded under IC 16-42-2-3; or
	285	+	19 (B) adulterated; or
	286	+	20 (2) a consumer complaint has been received by the state
	287	+	21 department.
	288	+	22 (b) If the state department has reason to believe that an
	289	+	23 imminent health hazard exists with respect to a home based
	290	+	24 vendor's food product, the state department may order cessation
	291	+	25 of production and sale of the food product until the state
	292	+	26 department determines that the hazardous situation has been
	293	+	27 addressed.
	294	+	28 (c) For purposes of this chapter, the state health commissioner
	295	+	29 or the commissioner's authorized representatives may take
	296	+	30 samples for analysis and conduct examinations and investigations
	297	+	31 through any officers or employees under the state health
	298	+	32 commissioner's supervision. Those officers and employees may
	299	+	33 enter, at reasonable times, the facilities of a home based vendor
	300	+	34 and inspect any food products in those places and all pertinent
	301	+	35 equipment, materials, containers, and labeling.
	302	+	36 Sec. 9. The state health commissioner may develop guidelines
	303	+	37 for the requirements described in this chapter, including:
	304	+	38 (1) standards for best safe food handling practices;
	305	+	39 (2) disease control measures; and
	306	+	40 (3) standards for potable water sources.
	307	+	41 Sec. 10. (a) This section applies to the sale of poultry and rabbits
	308	+	42 by an individual vendor of a farmers' market or roadside stand.
	309	+	HB 1149—LS 6652/DI 147 8
	310	+	1 (b) The following products are exempt from the requirements
	311	+	2 of this title that apply to food establishments:
	312	+	3 (1) Poultry products produced under IC 15-17-5-11. Poultry
	313	+	4 products sold at a farmers' market or roadside stand must be
	314	+	5 frozen at the point of sale. Poultry products sold on the farm
	315	+	6 where the product is produced must be kept refrigerated at
	316	+	7 the point of sale and through delivery by the producer to the
	317	+	8 end consumer.
	318	+	9 (2) Rabbits that are slaughtered and processed on a farm for
	319	+	10 the purpose of conducting limited sales on the farm, at a
	320	+	11 farmers' market, and at a roadside stand. Rabbit meat sold at
	321	+	12 a farmers' market or roadside stand must be frozen at the
	322	+	13 point of sale. Rabbit meat sold on the farm where the product
	323	+	14 is produced must be kept refrigerated at the point of sale and
	324	+	15 through delivery by the producer to the end consumer. An
	325	+	16 individual who sells rabbits under this subsection shall comply
	326	+	17 with the label requirements set forth in this chapter.
	327	+	18 (c) This section does not apply to the distribution of meat from
	328	+	19 a game animal.
	329	+	20 Sec. 11. (a) IC 16-42-11 applies to the sale of eggs under this
	330	+	21 chapter.
	331	+	22 (b) An individual vendor of a farmers' market or roadside stand
	332	+	23 is exempt from the requirements of this title that apply to a food
	333	+	24 establishment relating to the sale of eggs, whole uncut produce, or
	334	+	25 food products that are not potentially hazardous.
	335	+	26 Sec. 12. Notwithstanding any other law, a local unit of
	336	+	27 government (as defined in IC 14-22-31.5-1) may not by ordinance
	337	+	28 or resolution require any licensure, certification, or inspection of
	338	+	29 foods or food products of a home based vendor or an individual
	339	+	30 vendor who prepares and sells food products under this chapter.
	340	+	HB 1149—LS 6652/DI 147 9
	341	+	COMMITTEE REPORT
	342	+	Mr. Speaker: Your Committee on Agriculture and Rural
	343	+	Development, to which was referred House Bill 1149, has had the same
	344	+	under consideration and begs leave to report the same back to the
	345	+	House with the recommendation that said bill be amended as follows:
	346	+	Page 5, line 27, delete "Vendor" and insert "Home Based".
	347	+	Page 5, line 37, delete "poultry, rabbits permitted for sale by the
	348	+	board of" and insert "poultry that is exempt under IC 15-17-5-11,
	349	+	rabbits,".
	350	+	Page 5, line 38, delete "animal health,".
	351	+	Page 6, line 30, delete "and" and insert "or".
	352	+	Page 8, delete lines 26 through 27.
	353	+	Page 8, delete lines 33 through 42.
	354	+	Delete page 9.
	355	+	and when so amended that said bill do pass.
	356	+	(Reference is to HB 1149 as introduced.)
	357	+	LEHE
	358	+	Committee Vote: yeas 10, nays 0.
	359	+	HB 1149—LS 6652/DI 147