(A) Homebased Vendor (HBV). A HBV is not a FOOD ESTABLISHMENT as defined in § 110.003 and I.C. 16-18-2-137. State law added a specification into the definition of food establishment which excludes an individual vendor of a farmers' market or roadside stand meeting the requirements of state law. Because a HBV is not a food establishment, it is not subject to FOOD ESTABLISHMENT regulatory activities, such as registration, permitting/licensing and routine inspection activities usually conducted by local health departments, Indiana State Department of Health (ISDH), or other Indiana Food Regulatory Departments, provided the vendor has complied with state law.
(B) The production area of a HBV is required to be in the vendor's primary residence, which may include another building or structure on the HBV premises, and will not be routinely inspected. The HBV cannot comingle the activities of a HBV food product and those of a food establishment. If a HBV sells food products other than those produced in the home, then it becomes a food establishment. One is either a HBV or a food establishment, not both.
(C) A HBV failing to meet the requirements of Section 29(b) means the vendor's place of production and food product(s) become subject to all of the food safety requirements of a FOOD ESTABLISHMENT. Examples include the operation of a cafe, restaurant, or grocery store.
(D) (1) Food Products produced by a HBV (I.C. 16-18-287.8 and Section 29(b)(2)) include, but are not limited to:
(a) Baked items, such as cookies, cakes, fruit pics, cupcakes, bars, yeast breads, fruit breads, baguettes;
(b) Candy and confections, such as caramels, chocolates, fudge, peanut brittle, chocolate covered fruits, bon bons, buckeyes, chocolate covered nuts;
(c) Produce, such as unprocessed fruits and vegetables (i.e. cherries, blackberries, cranberries, grapefruit, strawberries, oranges, blueberries, plums, tomato);
(d) Tree nuts, legumes;
(e) Pickles processed in a traditional method; and
(f) Honey, molasses, sorghum, maple syrup.
(2) The above food products may be refrigerated or frozen for quality purposes.
(3) The above listed items are typical examples of food products that are either high acid and/or low water activity, therefore making them a NON-POTENTIALLY HAZARDOUS FOOD.
(4) Whole, uncut produce is not restricted from sale regardless of the locale of its origin.
(5) Mushrooms grown as a product of agriculture are not restricted from sale. It is recommended that uncultivated (wild) mushrooms be certified in writing as to their species by a person competent to make such a certification.
(6) Traditional jams, jellies, and preserves made from strawberries, grapes, raspberries, etc. are often made form acid foods and have a low Aw in its final form as safety factors. Special recipes of these products, including those which may be called “low sugar” or “no sugar added,” as well as some fruit butters (pumpkin, pear) may fall into the category of acidified food or low-acid canned food and may not be allowed to be sold since they may be considered a potentially hazardous food.
(7) A HBV's food product in it's final form shall not be potentially hazardous food. HBV food products may NOT contain ingredients in any form which have as a component:
(a) Meat (domestic or wild);
(b) Poultry;
(c) Aquatic animal products;
(d) Dairy (including cheese, butter, yogurt, but excluding some baked items, i.e. cakes and cookies); or
(e) Egg products (excluding some baked items, i.e. cakes and cookies, and dried noodles), including fresh shell eggs.
(8) In addition, a HBV's food product shall not be:
(a) A “canned” or other “hermitically sealed container” of acidified food, (i.e. salsas, chutney, chow-chow, pickled beets);
(b) A “canned” or other “hermitically sealed container” of low-acid food (i.e. cooked vegetables, meats, poultry, raw fish);
(c) Cut melons;
(d) Raw seed sprouts that have been harvested;
(e) Non-modified garlic-in-oil mixtures; and
(f) Cut tomatoes.
(9) Packaging considered to be “canned” or “hermitically sealed” consists of cans, glass jars, plastic containers, laminated pouches, paperboard containers, etc.
(10) The use of “reduced oxygen packaging” method, such as the use of a vacuum packaging machine, is not allowed.
(11) All state or Federal laws governing the production and sale of the above listed items are still applicable.
(12) If the food product of a HBV is found to be or contain any of the above listed items, it should be considered a violation of this chapter and state law, and according to state law, must not be sold.
(13) Purdue University or other private consultants may serve as resources to assist in determining if a specific food product is acceptable to be produced and sold as an HBV food product.
(14) Poultry up to 1,000 birds can be sold to the end consumer at a Farmer's Market or roadside stand or from the farm. All poultry sold at a farmer's market, roadside stand or farm, must be sold frozen.
(15) Rabbits that are slaughtered and processed on the farm to be sold at a farmer's market or at a roadside stand must be frozen.
(E) Labeling/misbranded of HBV food products.
(1) There are some very specific labeling requirements for the food product of a HBV. Any food product provided by a HBV shall include a label which contain the following:
(a) The name and address of the producer of the food product. The common or usual name of the food product.
(b) The ingredients of the food product, in descending order by predominance or by weight. The net weight and volume of the food product by standard measure or numerical count. The date on which the food product was processed.
(c) The following statement in at least ten point type: “This product is home produced and processed and the production area has not been inspected by the State Department of Health or the Putnam County Health Department.”
(2) This labeling must be present with and/or on the food at the point of sale regardless of whether or not the product is packaged. Unpackaged food, such as baked items, should be considered “labeled” when there is easily readable signage accompanying the food product stating all of the above listed items. Labeling (or signage) is not required for whole, uncut produce. A HBV food product which is not labeled according to Section 29(b)(5) is misbranded and may not be sold until the label is provided or corrected.
(F) Roadside stand or farmer's market.
(1) To comply with the subsection 29(a), a “Home-Based Vendor” may sell their food product(s) ONLY in two places:
(a) A farmer's market; and
(b) A roadside stand.
(2) These products may not be sold at any other venue, such as a grocery store, restaurant, festival, carnival or any other event, without a permit issued by the Putnam County Health Department.
Market Master, Event and/or Festival Coordinator:
(3) Market Master, Event/Festival Coordinators have control over the vendors who are allowed to participate and the product(s) each vendor may sell. The Market Master, Event/Festival Coordinator has the authority, above and beyond the Putnam County Health Department, to remove a vendor and/or food product from sale. It is recommended that the Putnam County Health Department educate the Market Masters and Event/Festival Coordinators on state law and the implications it may have on their particular market, event/festival. The decision to allow the sale of products produced by a HBV lies with the Market Master and Event/Festival Coordinators. However, some permits may be required by the Putnam County Health Department. It is the responsibility of the Market Master and/or the Event/Festival Coordinator to contact the Putnam County Health Department to inform them of what is being sold at the farmer's market, event or festival and the dates times and location of the market, event, or festival. It is also the responsibility of the Market Master and/or the Event/Festival Coordinator to verify that vendors have the proper permits and certifications.
(4) Inspections of the farmer's markets, events and festivals will be conducted during reasonable times and will be unannounced. Any person selling items not permitted under state law will be asked to stop selling the unpermitted item. The Market Master and/or the Event/Festival Coordinator will be informed of the violation. If the vendor continues to sell the unpermitted product, the Market Master and/or the Event/Festival Coordinator could be held liable. All violations will be documented in writing at the time of the inspection.
(5) Any vendor at a farmer's market, festival or event that is required to have a retail food permit as defined in Rule 410 IAC 7-24 and/or Ord. 2015-3-2 and does not have a permit will be asked to leave the event, the vendor, the Market Master, and/or the Event/Festival Coordinator will be issued a written violation notice at the time of the violation. If the vendor does not leave, the Market Master, and/or the Event/Festival Coordinator could be held liable.
(Ord. 2017-12-18-1, passed 12-18-2017)