IN
Indiana House Bill HB1562

Indiana 2025 Regular Session

Indiana House Bill HB1562 Compare Versions

OldNewDifferences
1-*HB1562.2*
2-Reprinted
3-February 11, 2025
1+*HB1562.1*
2+January 30, 2025
43 HOUSE BILL No. 1562
54 _____
6-DIGEST OF HB 1562 (Updated February 10, 2025 3:11 pm - DI 150)
5+DIGEST OF HB 1562 (Updated January 30, 2025 10:13 am - DI 140)
76 Citations Affected: IC 16-18; IC 16-42; IC 22-11; noncode.
87 Synopsis: Farm and home based food sales. Repeals current home
9-based vendor regulations. Establishes homemade food product and
10-meat product labeling requirements. Provides that a small farm or
11-home based vendor must complete and pass food safety training from
12-a list of providers approved by the state department before selling time
13-temperature control for safety homemade food products. Creates
14-labeling requirements for homemade food product. Provides that the
15-local health department and the board of animal health have the
16-authority to do the following: (1) request proof of completion of the
17-food safety training; (2) verify that a home vendor or the owner of a
18-small farm's gross sales; and (3) ensure the home vendor or the owner
19-of a small farm has complied with labeling requirements. Permits the
20-state department of health or local department of health to impose
21-various fines. Creates a process for a home vendor or the owner of a
22-small farm to appeal a fine. Requires a home vendor or the owner of a
23-small farm to comply with farmer's market regulations. Provides that
24-(Continued next page)
8+based vendor regulations. Provides that the Indiana department of
9+health, a local unit of government, the health and hospital corporation
10+of Marion County, or a local health department may not impose any
11+rules, regulations, certifications, or licensing requirements on a small
12+farm or home based vendor that are not required under federal law.
13+Exempts public buildings used by small farms and home based vendors
14+from certain public building regulations.
2515 Effective: July 1, 2025.
2616 Smith H, Greene, Culp, Lindauer
2717 January 21, 2025, read first time and referred to Committee on Public Health.
2818 January 27, 2025, reassigned to Committee on Agriculture and Rural Development.
2919 January 30, 2025, reported — Do Pass.
30-February 10, 2025, read second time, amended, ordered engrossed.
31-HB 1562—LS 7546/DI 150 Digest Continued
32-nothing in the new chapter prevents counties from enacting ordinances
33-regulating the operation of home food establishments, provided such
34-ordinances do not: (1) conflict with the provisions of this chapter; or
35-(2) impede or restrict the sale of homemade food products in
36-compliance state regulations. Establishes that the Indiana department
37-of health, a local unit of government, the health and hospital
38-corporation of Marion County, or a local health department may not
39-adopt or continue in effect, any ordinance, rule, regulation, or
40-resolution regarding licensure, certification, or inspection of foods or
41-food products prepared and sold by: (1) a home based vendor or (2) the
42-owner of a small farm in compliance with this chapter. Exempts public
43-buildings used by small farms and home based vendors from certain
44-public building regulations.
45-HB 1562—LS 7546/DI 150HB 1562—LS 7546/DI 150 Reprinted
46-February 11, 2025
20+HB 1562—LS 7546/DI 150 January 30, 2025
4721 First Regular Session of the 124th General Assembly (2025)
4822 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
4923 Constitution) is being amended, the text of the existing provision will appear in this style type,
5024 additions will appear in this style type, and deletions will appear in this style type.
5125 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
5226 provision adopted), the text of the new provision will appear in this style type. Also, the
5327 word NEW will appear in that style type in the introductory clause of each SECTION that adds
5428 a new provision to the Indiana Code or the Indiana Constitution.
5529 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
5630 between statutes enacted by the 2024 Regular Session of the General Assembly.
5731 HOUSE BILL No. 1562
5832 A BILL FOR AN ACT to amend the Indiana Code concerning
5933 health.
6034 Be it enacted by the General Assembly of the State of Indiana:
6135 1 SECTION 1. IC 16-18-2-80 IS AMENDED TO READ AS
6236 2 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 80. "Corporation", for
6337 3 purposes of IC 16-22-8, IC 16-42-5, and IC 16-42-5.2, and
6438 4 IC 16-42-5.4, means the health and hospital corporation created under
6539 5 IC 16-22-8.
6640 6 SECTION 2. IC 16-18-2-137, AS AMENDED BY P.L.49-2022,
6741 7 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6842 8 JULY 1, 2025]: Sec. 137. (a) "Food establishment", for purposes of
6943 9 IC 16-42-5 and IC 16-42-5.2, and IC 16-42-5.3, means any building,
7044 10 room, basement, vehicle of transportation, cellar, or open or enclosed
7145 11 area occupied or used for handling food.
7246 12 (b) The term does not include the following:
7347 13 (1) A dwelling where food is prepared on the premises by the
7448 14 occupants, free of charge, for their consumption or for
7549 15 consumption by their guests.
7650 16 (2) A gathering of individuals at a venue of an organization that
7751 17 is organized for educational purposes in a nonpublic educational
7852 HB 1562—LS 7546/DI 150 2
7953 1 setting or for religious purposes, if:
8054 2 (A) the individuals separately or jointly provide or prepare,
8155 3 free of charge, and consume their own food or that of others
8256 4 attending the gathering; and
8357 5 (B) the gathering is for a purpose of the organization.
8458 6 Gatherings for the purpose of the organization include funerals,
8559 7 wedding receptions, christenings, bar or bat mitzvahs, baptisms,
8660 8 communions, and other events or celebrations sponsored by the
8761 9 organization.
8862 10 (3) A vehicle used to transport food solely for distribution to the
8963 11 needy, either free of charge or for a nominal donation.
9064 12 (4) A private gathering of individuals who separately or jointly
9165 13 provide or prepare and consume their own food or that of others
9266 14 attending the gathering, regardless of whether the gathering is
9367 15 held on public or private property.
9468 16 (5) Except for food prepared by a for-profit entity, a venue of the
9569 17 sale of food prepared for an organization:
9670 18 (A) that is organized for:
9771 19 (i) religious purposes; or
9872 20 (ii) educational purposes in a nonpublic educational setting;
9973 21 (B) that is exempt from taxation under Section 501 of the
10074 22 Internal Revenue Code; and
10175 23 (C) that offers the food for sale to the final consumer at an
10276 24 event held for the benefit of the organization;
10377 25 unless the food is being provided in a restaurant or a cafeteria
10478 26 with an extensive menu of prepared foods.
10579 27 (6) Except for food prepared by a for-profit entity, an Indiana
10680 28 nonprofit organization that:
10781 29 (A) is organized for civic, fraternal, veterans, or charitable
10882 30 purposes;
10983 31 (B) is exempt from taxation under Section 501 of the Internal
11084 32 Revenue Code; and
11185 33 (C) offers food for sale to the final consumer at an event held
11286 34 for the benefit of the organization;
11387 35 if the events conducted by the organization take place for not
11488 36 more than fifteen (15) days in a calendar year.
11589 37 (7) The holder of a farm winery permit under IC 7.1-3-12-5 or a
11690 38 brewer's permit under IC 7.1-3-2-7(5) if the requirements of
11791 39 IC 16-42-5-30 are met.
11892 40 (8) A home based vendor or an individual vendor who sells a food
119-41 product under IC 16-42-5.3. (as defined in IC 16-42-5.4-2).
120-42 (9) A small farm (as defined in IC 16-42-5.4-4).
93+41 product under IC 16-42-5.3. (as defined in IC 16-42-5.4-1).
94+42 (9) A small farm (as defined in IC 16-42-5.4-2).
12195 HB 1562—LS 7546/DI 150 3
12296 1 SECTION 3. IC 16-18-2-172.5 IS ADDED TO THE INDIANA
12397 2 CODE AS A NEW SECTION TO READ AS FOLLOWS
12498 3 [EFFECTIVE JULY 1, 2025]: Sec. 172.5. "Home based vendor", for
12599 4 purposes of IC 16-42-5.4, has the meaning set forth in
126-5 IC 16-42-5.4-2.
127-6 SECTION 4. IC 16-18-2-176.5 IS ADDED TO THE INDIANA
100+5 IC 16-42-5.4-1.
101+6 SECTION 4. IC 16-18-2-331.7 IS ADDED TO THE INDIANA
128102 7 CODE AS A NEW SECTION TO READ AS FOLLOWS
129-8 [EFFECTIVE JULY 1, 2025]: Sec. 176.5. "Homemade food
130-9 product", for purposes of IC 16-42-5.4, has the meaning set forth
131-10 in IC 16-42-5.4-3.
132-11 SECTION 5. IC 16-18-2-331.7 IS ADDED TO THE INDIANA
133-12 CODE AS A NEW SECTION TO READ AS FOLLOWS
134-13 [EFFECTIVE JULY 1, 2025]: Sec. 331.7. "Small farm", for
135-14 purposes of IC 16-42-5.4, has the meaning set forth in
136-15 IC 16-42-5.4-4.
137-16 SECTION 6. IC 16-18-2-351.7 IS REPEALED [EFFECTIVE JULY
138-17 1, 2025]. Sec. 351.7. (a) "Time temperature control for safety food", for
139-18 purposes of IC 16-42-5.3, means a food that requires time or
140-19 temperature control to safely limit the:
141-20 (1) growth of pathogenic microorganisms; or
142-21 (2) formation of toxins.
143-22 (b) The term includes the following:
144-23 (1) A food of animal origin that is raw or heat treated.
145-24 (2) A food of plant origin that is heat treated or consists of any of
146-25 the following:
147-26 (A) Raw seed sprouts.
148-27 (B) Cut melons.
149-28 (C) Cut leafy greens.
150-29 (D) Cut tomatoes or mixtures of cut tomatoes that are not
151-30 modified in a way that results in mixtures that do not support
152-31 the growth or formation described in subsection (a).
153-32 (E) Garlic-in-oil mixtures that are not modified in a way that
154-33 results in mixtures that do not support the growth or formation
155-34 described in subsection (a).
156-35 (3) Except as specified in subsection (c)(4) and (c)(5), a food that
157-36 involves an interaction of pH and Aw for control of spores in food
158-37 that is heat treated to destroy vegetative cells and subsequently
159-38 packaged that results in:
160-39 (A) an Aw value greater than 0.92 but less than or equal to
161-40 0.95 and a pH value greater than 5.6; or
162-41 (B) an Aw value greater than 0.95 and a pH value greater than
163-42 4.6.
103+8 [EFFECTIVE JULY 1, 2025]: Sec. 331.7. "Small farm", for
104+9 purposes of IC 16-42-5.4, has the meaning set forth in
105+10 IC 16-42-5.4-2.
106+11 SECTION 5. IC 16-18-2-351.7 IS REPEALED [EFFECTIVE JULY
107+12 1, 2025]. Sec. 351.7. (a) "Time temperature control for safety food", for
108+13 purposes of IC 16-42-5.3, means a food that requires time or
109+14 temperature control to safely limit the:
110+15 (1) growth of pathogenic microorganisms; or
111+16 (2) formation of toxins.
112+17 (b) The term includes the following:
113+18 (1) A food of animal origin that is raw or heat treated.
114+19 (2) A food of plant origin that is heat treated or consists of any of
115+20 the following:
116+21 (A) Raw seed sprouts.
117+22 (B) Cut melons.
118+23 (C) Cut leafy greens.
119+24 (D) Cut tomatoes or mixtures of cut tomatoes that are not
120+25 modified in a way that results in mixtures that do not support
121+26 the growth or formation described in subsection (a).
122+27 (E) Garlic-in-oil mixtures that are not modified in a way that
123+28 results in mixtures that do not support the growth or formation
124+29 described in subsection (a).
125+30 (3) Except as specified in subsection (c)(4) and (c)(5), a food that
126+31 involves an interaction of pH and Aw for control of spores in food
127+32 that is heat treated to destroy vegetative cells and subsequently
128+33 packaged that results in:
129+34 (A) an Aw value greater than 0.92 but less than or equal to
130+35 0.95 and a pH value greater than 5.6; or
131+36 (B) an Aw value greater than 0.95 and a pH value greater than
132+37 4.6.
133+38 (4) Except as specified in subsection (c)(4) and (c)(5), a food that
134+39 involves an interaction of pH and Aw for control of vegetative
135+40 cells and spores in food that is not heat treated, or is heat treated
136+41 but not packaged, and that results in:
137+42 (A) an Aw value greater than or equal to 0.88 but less than or
164138 HB 1562—LS 7546/DI 150 4
165-1 (4) Except as specified in subsection (c)(4) and (c)(5), a food that
166-2 involves an interaction of pH and Aw for control of vegetative
167-3 cells and spores in food that is not heat treated, or is heat treated
168-4 but not packaged, and that results in:
169-5 (A) an Aw value greater than or equal to 0.88 but less than or
170-6 equal to 0.90 and a pH value greater than 5.0;
171-7 (B) an Aw value greater than 0.90 but less than or equal to
172-8 0.92 and a pH value greater than 4.6; or
173-9 (C) an Aw value greater than 0.92 and a pH value greater than
174-10 or equal to 4.2.
175-11 (c) The term does not include the following:
176-12 (1) An air-cooled hard-boiled egg with shell intact.
177-13 (2) An egg with shell intact that:
178-14 (A) is not hard-boiled; and
179-15 (B) has been pasteurized to destroy all viable salmonellae.
180-16 (3) A food in an unopened hermetically sealed container that is
181-17 commercially processed to achieve and maintain commercial
182-18 sterility under conditions of nonrefrigerated storage and
183-19 distribution.
184-20 (4) Except as specified in subsection (b)(1) or (b)(2), a food that
185-21 does not meet the requirements described in subsection (b)(3) or
186-22 (b)(4) due to the:
187-23 (A) pH or Aw value; or
188-24 (B) interaction of Aw and pH values;
189-25 of the food.
190-26 (5) A food that meets the requirements of subsection (b)(3) or
191-27 (b)(4) and has undergone a product assessment showing that the
192-28 growth or toxin formation of pathogenic microorganisms that are
193-29 reasonably likely to occur in the food is precluded due to:
194-30 (A) intrinsic factors, including added or natural characteristics
195-31 of the food (such as preservatives, antimicrobials, humectants,
196-32 acidulants, or nutrients);
197-33 (B) extrinsic factors, including environmental or operational
198-34 factors that affect the food (such as packaging), modified
199-35 atmosphere (such as reduced oxygen packaging), shelf life and
200-36 use, or temperature range of storage and use; or
201-37 (C) any combination of intrinsic and extrinsic factors
202-38 described in clause (A) or (B).
203-39 (6) A food that does not support the growth or toxin formation of
204-40 pathogenic microorganisms in accordance with subdivisions (1)
205-41 through (4) even though the food may contain a pathogenic
206-42 microorganism or chemical or physical contaminant at a level
139+1 equal to 0.90 and a pH value greater than 5.0;
140+2 (B) an Aw value greater than 0.90 but less than or equal to
141+3 0.92 and a pH value greater than 4.6; or
142+4 (C) an Aw value greater than 0.92 and a pH value greater than
143+5 or equal to 4.2.
144+6 (c) The term does not include the following:
145+7 (1) An air-cooled hard-boiled egg with shell intact.
146+8 (2) An egg with shell intact that:
147+9 (A) is not hard-boiled; and
148+10 (B) has been pasteurized to destroy all viable salmonellae.
149+11 (3) A food in an unopened hermetically sealed container that is
150+12 commercially processed to achieve and maintain commercial
151+13 sterility under conditions of nonrefrigerated storage and
152+14 distribution.
153+15 (4) Except as specified in subsection (b)(1) or (b)(2), a food that
154+16 does not meet the requirements described in subsection (b)(3) or
155+17 (b)(4) due to the:
156+18 (A) pH or Aw value; or
157+19 (B) interaction of Aw and pH values;
158+20 of the food.
159+21 (5) A food that meets the requirements of subsection (b)(3) or
160+22 (b)(4) and has undergone a product assessment showing that the
161+23 growth or toxin formation of pathogenic microorganisms that are
162+24 reasonably likely to occur in the food is precluded due to:
163+25 (A) intrinsic factors, including added or natural characteristics
164+26 of the food (such as preservatives, antimicrobials, humectants,
165+27 acidulants, or nutrients);
166+28 (B) extrinsic factors, including environmental or operational
167+29 factors that affect the food (such as packaging), modified
168+30 atmosphere (such as reduced oxygen packaging), shelf life and
169+31 use, or temperature range of storage and use; or
170+32 (C) any combination of intrinsic and extrinsic factors
171+33 described in clause (A) or (B).
172+34 (6) A food that does not support the growth or toxin formation of
173+35 pathogenic microorganisms in accordance with subdivisions (1)
174+36 through (4) even though the food may contain a pathogenic
175+37 microorganism or chemical or physical contaminant at a level
176+38 sufficient to cause illness or injury.
177+39 SECTION 6. IC 16-42-5-0.2 IS ADDED TO THE INDIANA CODE
178+40 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
179+41 1, 2025]: Sec. 0.2. A person that:
180+42 (1) is a home based vendor (as defined in IC 16-42-5.4-1); or
207181 HB 1562—LS 7546/DI 150 5
208-1 sufficient to cause illness or injury.
209-2 SECTION 7. IC 16-18-2-351.8 IS ADDED TO THE INDIANA
210-3 CODE AS A NEW SECTION TO READ AS FOLLOWS
211-4 [EFFECTIVE JULY 1, 2025]: Sec. 351.8. "Time temperature control
212-5 for safety", for purposes of IC 16-42-5.4, has the meaning set forth
213-6 in IC 16-42-5.4-5.
214-7 SECTION 8. IC 16-42-5-0.2 IS ADDED TO THE INDIANA CODE
215-8 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
216-9 1, 2025]: Sec. 0.2. A person that:
217-10 (1) is a home based vendor (as defined in IC 16-42-5.4-2); or
218-11 (2) operates a small farm (as defined in IC 16-42-5.4-4);
219-12 is exempt from the requirements of this chapter.
220-13 SECTION 9. IC 16-42-5.3 IS REPEALED [EFFECTIVE JULY 1,
221-14 2025]. (Home Based Food Products).
222-15 SECTION 10. IC 16-42-5.4 IS ADDED TO THE INDIANA CODE
223-16 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
224-17 JULY 1, 2025]:
225-18 Chapter 5.4. Regulation of Community Producers
226-19 Sec. 1. This chapter does not apply to a food establishment (as
227-20 defined in IC 16-18-2-137).
228-21 Sec. 2. As used in this chapter, "home based vendor" means a
229-22 person:
230-23 (1) that prepares and sells food products from the person's
231-24 residential property (as defined in IC 32-24-4.5-6.2); and
232-25 (2) from which not more than one million five hundred
233-26 thousand dollars ($1,500,000) in gross sales is received in a
234-27 single year.
235-28 Sec. 3. (a) As used in this chapter, "homemade food product"
236-29 means food, including a beverage, that is produced and, if
237-30 packaged, packaged at a residence.
238-31 (b) The term does not include any of the following:
239-32 (1) Alcoholic beverages.
240-33 (2) Low THC hemp extract (as defined in IC 35-48-1-17.5).
241-34 (3) Any seafood or meat product defined in the:
242-35 (A) federal Humane Slaughter Act (7 U.S.C. 1901 et seq.);
243-36 (B) federal Meat Inspection Act (21 U.S.C. 601 et seq.); or
244-37 (C) federal Poultry Products Inspection Act (21 U.S.C. 451
245-38 et seq.).
246-39 Sec. 4. As used in this chapter, "small farm" means land:
247-40 (1) that is used for growing crops or raising livestock;
248-41 (2) from which a person prepares and sells food products; and
249-42 (3) from which not more than one million five hundred
182+1 (2) operates a small farm (as defined in IC 16-42-5.4-2);
183+2 is exempt from the requirements of this chapter.
184+3 SECTION 7. IC 16-42-5.3 IS REPEALED [EFFECTIVE JULY 1,
185+4 2025]. (Home Based Food Products).
186+5 SECTION 8. IC 16-42-5.4 IS ADDED TO THE INDIANA CODE
187+6 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
188+7 JULY 1, 2025]:
189+8 Chapter 5.4. Regulation of Community Producers
190+9 Sec. 1. As used in this chapter, "home based vendor" means a
191+10 person:
192+11 (1) that prepares and sells food products from the person's
193+12 property; and
194+13 (2) from which not more than one million five hundred
195+14 thousand dollars ($1,500,000) in gross sales is received in a
196+15 single year.
197+16 Sec. 2. As used in this chapter, "small farm" means land:
198+17 (1) that is used for growing crops or raising livestock;
199+18 (2) from which a person prepares and sells food products; and
200+19 (3) from which not more than one million five hundred
201+20 thousand dollars ($1,500,000) in gross sales is received from:
202+21 (A) livestock products;
203+22 (B) cultivated or harvested crops; or
204+23 (C) the sale of food products;
205+24 in a single year.
206+25 Sec. 3. The state department, a local unit of government (as
207+26 defined in IC 14-22-31.5-1), the corporation, or a local health
208+27 department may not impose any rules, regulations, certifications,
209+28 or licensing requirements on a:
210+29 (1) small farm; or
211+30 (2) home based vendor;
212+31 that are not required under federal law.
213+32 SECTION 9. IC 22-11-17-1.5 IS ADDED TO THE INDIANA
214+33 CODE AS A NEW SECTION TO READ AS FOLLOWS
215+34 [EFFECTIVE JULY 1, 2025]: Sec. 1.5. A public building used by a:
216+35 (1) home based vendor (as defined in IC 16-42-5.4-1); or
217+36 (2) small farm (as defined in IC 16-42-5.4-2);
218+37 is exempt from this chapter and rules adopted by the commission.
219+38 SECTION 10. [EFFECTIVE JULY 1, 2025] (a) Before December
220+39 31, 2025, the Indiana department of health shall amend rules
221+40 impacted by IC 16-42-5.4, as added by this act, to comply with that
222+41 chapter.
223+42 (b) This SECTION expires December 31, 2026.
250224 HB 1562—LS 7546/DI 150 6
251-1 thousand dollars ($1,500,000) in gross sales is received from:
252-2 (A) livestock products;
253-3 (B) cultivated or harvested crops; or
254-4 (C) the sale of food products;
255-5 in a single year.
256-6 Sec. 5. (a) As used in this chapter, "time temperature control for
257-7 safety" means a food product:
258-8 (1) that requires time or temperature control for safety to
259-9 limit infectious or toxigenic microorganisms; and
260-10 (2) is in a form capable of supporting rapid and progressive
261-11 growth of infectious or toxigenic microorganisms.
262-12 (b) The term does not include foods that:
263-13 (1) have a pH level of four and six-tenths (4.6); or
264-14 (2) are below or a water activity (aw) value of eighty-five
265-15 one-hundredths (0.85) or less.
266-16 Sec. 6. The production and sale of homemade food products that
267-17 meet the requirements of this chapter shall be exempt from all
268-18 licensing, certification, or inspection requirements by the state
269-19 department and the local health department.
270-20 Sec. 7. (a) Before a home based vendor or the owner of a small
271-21 farm produces and sells time temperature control for safety
272-22 homemade food products, the producer shall complete and pass
273-23 food safety training from a list of providers approved by the state
274-24 department.
275-25 (b) The food safety training shall be available to complete online
276-26 and shall not exceed two (2) hours in length.
277-27 (c) The state department shall make the list of approved food
278-28 safety training available on its website by July 1, 2026.
279-29 Sec. 8. (a) A home based vendor or the owner of a small farm
280-30 shall include a label for packaged homemade food products or a
281-31 sign for unpackaged homemade food products that contains the
282-32 following information:
283-33 (1) The name of the home based vendor or the owner of the
284-34 small farm that produced the homemade food product.
285-35 (2) The ingredients of the homemade food product, in
286-36 descending order by predominance by weight.
287-37 (3) A description of the homemade food product.
288-38 (4) The following statement in at least 10 point type: "This
289-39 product was produced in a private residence that is exempt
290-40 from government licensing and inspection.".
291-41 (b) A home based vendor may not ship or deliver a food product
292-42 to an end consumer who is located outside Indiana.
293-HB 1562—LS 7546/DI 150 7
294-1 Sec. 9. Nothing in this chapter shall be construed to impede the
295-2 state department or a local department of health in any
296-3 investigation of a reported food borne illness.
297-4 Sec. 10. Upon receipt of a consumer complaint, the local health
298-5 department and the Indiana state board of animal health has the
299-6 authority to do the following:
300-7 (1) Request proof of completion of the food safety training.
301-8 (2) Verify a home based vendor's or the owner of a small
302-9 farm's gross sales, and ensure the home based vendor or the
303-10 owner of a small farm has complied with the labeling
304-11 requirements under this chapter.
305-12 Sec. 11. (a) A local health department may impose a fine not to
306-13 exceed three thousand dollars ($3,000) for a violation of a provision
307-14 of this chapter.
308-15 (b) A home based vendor or the owner of a small farm who
309-16 objects to the determination made by the local health officer under
310-17 this chapter may appeal to the executive board of the state
311-18 department, which is the ultimate authority. IC 4-21.5 applies to
312-19 proceedings under this section.
313-20 Sec. 12. When selling products at a farmers' market:
314-21 (1) a home based vendor; or
315-22 (2) the owner of a small farm;
316-23 must comply with farmers' market regulations adopted by the state
317-24 department, a local unit of government, the corporation, or a local
318-25 health department.
319-26 Sec. 13. Nothing in this chapter shall be construed to prevent
320-27 counties from enacting ordinances regulating the operation of
321-28 home based food establishments, provided such ordinances do not:
322-29 (1) conflict with the provisions of this chapter; or
323-30 (2) impede or restrict the sale of homemade food products in
324-31 compliance with this chapter.
325-32 Sec. 14. The state department, the health and hospital
326-33 corporation, or a local health department may not adopt or
327-34 continue in effect, any ordinance, rule, regulation, or resolution
328-35 regarding licensure, certification, or inspection of foods or food
329-36 products prepared and sold by:
330-37 (1) a home based vendor; or
331-38 (2) the owner of a small farm;
332-39 that are not required by federal law.
333-40 SECTION 11. IC 22-11-17-1.5 IS ADDED TO THE INDIANA
334-41 CODE AS A NEW SECTION TO READ AS FOLLOWS
335-42 [EFFECTIVE JULY 1, 2025]: Sec. 1.5. A public building used by a:
336-HB 1562—LS 7546/DI 150 8
337-1 (1) home based vendor (as defined in IC 16-42-5.4-2); or
338-2 (2) small farm (as defined in IC 16-42-5.4-4);
339-3 is exempt from this chapter and rules adopted by the commission.
340-4 SECTION 12. [EFFECTIVE JULY 1, 2025] (a) Before December
341-5 31, 2025, the Indiana department of health shall amend rules
342-6 impacted by IC 16-42-5.4, as added by this act, to comply with that
343-7 chapter.
344-8 (b) This SECTION expires December 31, 2026.
345-HB 1562—LS 7546/DI 150 9
346225 COMMITTEE REPORT
347226 Mr. Speaker: Your Committee on Agriculture and Rural
348227 Development, to which was referred House Bill 1562, has had the same
349228 under consideration and begs leave to report the same back to the
350229 House with the recommendation that said bill do pass.
351230 (Reference is to HB 1562 as introduced.)
352231 AYLESWORTH
353232 Committee Vote: Yeas 8, Nays 3
354-_____
355-HOUSE MOTION
356-Mr. Speaker: I move that House Bill 1562 be amended to read as
357-follows:
358-Page 2, line 41, delete "IC 16-42-5.4-1)." and insert "IC
359-16-42-5.4-2).".
360-Page 2, line 42, delete "IC 16-42-5.4-2)." and insert "IC
361-16-42-5.4-4).".
362-Page 3, line 5, delete "IC 16-42-5.4-1." and insert "IC 16-42-5.4-2.
363-SECTION 4. IC 16-18-2-176.5 IS ADDED TO THE INDIANA
364-CODE AS A NEW SECTION TO READ AS FOLLOWS
365-[EFFECTIVE JULY 1, 2025]: Sec. 176.5. "Homemade food
366-product", for purposes of IC 16-42-5.4, has the meaning set forth
367-in IC 16-42-5.4-3.".
368-Page 3, line 10, delete "IC 16-42-5.4-2." and insert "IC
369-16-42-5.4-4.".
370-Page 4, between lines 38 and 39, begin a new paragraph and insert:
371-"SECTION 7. IC 16-18-2-351.8 IS ADDED TO THE INDIANA
372-CODE AS A NEW SECTION TO READ AS FOLLOWS
373-[EFFECTIVE JULY 1, 2025]: Sec. 351.8. "Time temperature control
374-for safety", for purposes of IC 16-42-5.4, has the meaning set forth
375-in IC 16-42-5.4-5.".
376-Page 4, line 42, delete "IC 16-42-5.4-1);" and insert "IC
377-16-42-5.4-2);".
378-Page 5, line 1, delete "IC 16-42-5.4-2);" and insert "IC
379-16-42-5.4-4);".
380-Page 5, between lines 8 and 9, begin a new paragraph and insert:
381-"Sec. 1. This chapter does not apply to a food establishment (as
382-defined in IC 16-18-2-137).".
383-Page 5, line 9, delete "1." and insert "2.".
384-HB 1562—LS 7546/DI 150 10
385-Page 5, line 12, delete "property;" and insert "residential property
386-(as defined in IC 32-24-4.5-6.2);".
387-Page 5, between lines 15 and 16, begin a new paragraph and insert:
388-"Sec. 3. (a) As used in this chapter, "homemade food product"
389-means food, including a beverage, that is produced and, if
390-packaged, packaged at a residence.
391-(b) The term does not include any of the following:
392-(1) Alcoholic beverages.
393-(2) Low THC hemp extract (as defined in IC 35-48-1-17.5).
394-(3) Any seafood or meat product defined in the:
395-(A) federal Humane Slaughter Act (7 U.S.C. 1901 et seq.);
396-(B) federal Meat Inspection Act (21 U.S.C. 601 et seq.); or
397-(C) federal Poultry Products Inspection Act (21 U.S.C. 451
398-et seq.).".
399-Page 5, line 16, delete "2." and insert "4.".
400-Page 5, delete lines 25 through 31, begin a new paragraph and
401-insert:
402-"Sec. 5. (a) As used in this chapter, "time temperature control
403-for safety" means a food product:
404-(1) that requires time or temperature control for safety to
405-limit infectious or toxigenic microorganisms; and
406-(2) is in a form capable of supporting rapid and progressive
407-growth of infectious or toxigenic microorganisms.
408-(b) The term does not include foods that:
409-(1) have a pH level of four and six-tenths (4.6); or
410-(2) are below or a water activity (aw) value of eighty-five
411-one-hundredths (0.85) or less.
412-Sec. 6. The production and sale of homemade food products that
413-meet the requirements of this chapter shall be exempt from all
414-licensing, certification, or inspection requirements by the state
415-department and the local health department.
416-Sec. 7. (a) Before a home based vendor or the owner of a small
417-farm produces and sells time temperature control for safety
418-homemade food products, the producer shall complete and pass
419-food safety training from a list of providers approved by the state
420-department.
421-(b) The food safety training shall be available to complete online
422-and shall not exceed two (2) hours in length.
423-(c) The state department shall make the list of approved food
424-safety training available on its website by July 1, 2026.
425-Sec. 8. (a) A home based vendor or the owner of a small farm
426-shall include a label for packaged homemade food products or a
427-HB 1562—LS 7546/DI 150 11
428-sign for unpackaged homemade food products that contains the
429-following information:
430-(1) The name of the home based vendor or the owner of the
431-small farm that produced the homemade food product.
432-(2) The ingredients of the homemade food product, in
433-descending order by predominance by weight.
434-(3) A description of the homemade food product.
435-(4) The following statement in at least 10 point type: "This
436-product was produced in a private residence that is exempt
437-from government licensing and inspection.".
438-(b) A home based vendor may not ship or deliver a food product
439-to an end consumer who is located outside Indiana.
440-Sec. 9. Nothing in this chapter shall be construed to impede the
441-state department or a local department of health in any
442-investigation of a reported food borne illness.
443-Sec. 10. Upon receipt of a consumer complaint, the local health
444-department and the Indiana state board of animal health has the
445-authority to do the following:
446-(1) Request proof of completion of the food safety training.
447-(2) Verify a home based vendor's or the owner of a small
448-farm's gross sales, and ensure the home based vendor or the
449-owner of a small farm has complied with the labeling
450-requirements under this chapter.
451-Sec. 11. (a) A local health department may impose a fine not to
452-exceed three thousand dollars ($3,000) for a violation of a provision
453-of this chapter.
454-(b) A home based vendor or the owner of a small farm who
455-objects to the determination made by the local health officer under
456-this chapter may appeal to the executive board of the state
457-department, which is the ultimate authority. IC 4-21.5 applies to
458-proceedings under this section.
459-Sec. 12. When selling products at a farmers' market:
460-(1) a home based vendor; or
461-(2) the owner of a small farm;
462-must comply with farmers' market regulations adopted by the state
463-department, a local unit of government, the corporation, or a local
464-health department.
465-Sec. 13. Nothing in this chapter shall be construed to prevent
466-counties from enacting ordinances regulating the operation of
467-home based food establishments, provided such ordinances do not:
468-(1) conflict with the provisions of this chapter; or
469-(2) impede or restrict the sale of homemade food products in
470-HB 1562—LS 7546/DI 150 12
471-compliance with this chapter.
472-Sec. 14. The state department, the health and hospital
473-corporation, or a local health department may not adopt or
474-continue in effect, any ordinance, rule, regulation, or resolution
475-regarding licensure, certification, or inspection of foods or food
476-products prepared and sold by:
477-(1) a home based vendor; or
478-(2) the owner of a small farm;
479-that are not required by federal law.".
480-Page 5, line 35, delete "IC 16-42-5.4-1);" and insert "IC
481-16-42-5.4-2);".
482-Page 5, line 36, delete "IC 16-42-5.4-2);" and insert "IC
483-16-42-5.4-4);".
484-Renumber all SECTIONS consecutively.
485-(Reference is to HB 1562 as printed January 30, 2025.)
486-SMITH H
487233 HB 1562—LS 7546/DI 150