Who counts as a home-based vendor
Indiana has no law called "cottage food". Its version is the home-based vendor (HBV) law in Indiana Code chapter 16-42-5.3, expanded by House Enrolled Act 1149. An HBV is an individual who prepares and sells food made at their own primary residence. The Indiana Department of Health oversees the rules and local health departments enforce them.
A shared or commercial kitchen doesn't count, because it isn't your primary residence. And the food is sold by you: the state handbook says no one else may sell your products on your behalf.
Which foods you can sell
Anything that isn't a TCS food, meaning it doesn't need time or temperature control to stay safe. The Indiana Department of Health's handbook, written with Purdue University, confirms these as HBV foods:
- Breads, bagels, sourdough
- Cookies, brownies, scones
- Cakes and cupcakes with shelf-stable icing
- Fruit pies and pecan pies
- Jams and jellies from acid fruits
- Hard candy, fudge, truffles
- Caramel and candy apples
- Nut butters
- Roasted coffee
- Granola and trail mix
- Dried pasta and egg noodles
- Honey and maple syrup
- Dried herbs, spices, teas
- Popcorn and chips
These are not HBV foods:
- Meat, including tallow, and prepared foods like casseroles, lasagna or charcuterie boards
- Dairy products, cheesecake, cream pies and fruit tarts with pastry cream
- Pickles, relish, pepper jelly, acidified foods and fermented foods like kimchi or sauerkraut
- Homemade hot sauce, BBQ sauce and chutney with low-acid vegetables
- Low-sugar or sugar-free jams, and jams with low-acid fruits like figs or peppers
- Homemade vanilla extract, CBD or Delta 8 products, and dietary supplements
- Kombucha, fresh-pressed juice and cold brew coffee
Not sure about a recipe? Purdue's Food Entrepreneurship and Manufacturing Institute can test pH and water activity. A food with a pH below 4.6 or a water activity below 0.85 can't grow pathogens.
Where and how you can sell
Indiana is one of the more open states for selling: phone and internet orders are fine, and so is shipping. The two hard lines are the end consumer and the state border.
| Way of selling | Allowed? |
|---|---|
| In person: farmers markets, roadside stands, events, your home | Yes |
| Orders by phone or online | Yes |
| Delivery in person, by mail or by third-party carrier | Yes, inside Indiana, in a tamper-evident package |
| From your own shop or booth while you're there | Yes |
| Stores, restaurants, wholesalers or warehouses for resale | No |
| Food banks | No |
| Buyers outside Indiana | No |
When you ship or deliver, keep a record of each buyer's address for at least one year and hand it to the state health department if asked. If you sell online, the law also asks you to post the label of every product on your website.
A farmers market can't make you get a food license, but the market manager may ask for a copy of your food handler certificate or proof of insurance. Event organizers can also say no to HBV food at their event.
Licenses, inspections and training
There is no license, permit, registration or fee. HBV food is exempt from the state's food establishment requirements, and a local unit of government may not add a license, certification or inspection by ordinance.
Show the certificate to the state department of health or a customer when they ask. Purdue Extension runs in-person courses that meet the requirement.
No routine inspections either. The state can sample your food and inspect your kitchen if a product looks misbranded or adulterated, or after a consumer complaint, and it can stop sales if it sees an imminent health hazard.
When you outgrow the home-based vendor law
Selling to stores or restaurants, shipping to other states, or making foods outside the HBV list? Then the food has to come from a permitted food establishment inspected by your local health department or the Indiana Department of Health. From there, federal labeling applies: net quantity in two units, allergens and usually a Nutrition Facts panel.
FDA Food Labeling Requirements →