A newly signed bill in Indiana exempts small farms and homestead vendors from regulations, broadening their product offerings.
INDIANA, USA — On March 12, House Bill 1424 was signed by Governor Braun.
Authored by State Rep. Hunter Smith (R-District 24), the bill exempt’s homestead or small farm vendors from regulations from the Indiana Department of Health, local unit of government, the Health and Hospital Corporation of Marion County, or a local health department.
This story continues below.
The law defines a homestead vendor and a small farm as a person who does not receive more than 1.5 million in gross sales from food products or meat products in a single year. According to the fiscal impact statement, an estimated 90% of Indiana farms have annual sales under $1 million, so the bill impacts many farmers.
Home-based vendors were already exempt from sanitary requirements for food and handler requirements under IC 16-42-5 and IC 16-42-5.2. The law expands these exemptions to a “homestead vendor” or “small farm”.
The bill exempts vendors and small farms from time-temperature control for safety food. Time-temperature control are rules around refrigeration meant to avoid food-borne illnesses.
The change means homestead vendors and small farms can now sell meat products raised on the property, prepared foods including baked goods, candy, produce, natural sweeteners, and fruit spreads.
Vendors and farmers are still required to have package label that contain things like seller’s name and address, ingredients, and allergens.
The following statement is also required in some form: “This product was produced by a homestead vendor or the owner of a small farm that is exempt from government licensing and inspection.”
The law does prevent vendors from shipping or delivering food and meat product outside Indiana unless they have a food handler’s certificate that is accredited by the American National Standards Institute.
What if something goes wrong?
The exemption from regulation doesn’t mean zero accountability. Homestead vendors and small farms can still be investigated by the local health department if there is a foodborne illness concern and complaint.
If the seller is delivering or shipping products, they still have to “handle, refrigerate, transport, and store” meat and food products in a manner that prevents contamination.
The house bill also defines building and structure regulation used to sale goods. Regulating what structures can and cannot block, and where structures are located to prevent things like contamination.
Widespread support
Many small farmers, vendors and environmental activist support this bill. It greatly expands the type of goods local farmers and homestead vendors can sell, with many defining it as “Food freedom.” Freedom not just for the local vendor or farmer but for the consumer too.
“This is a monumental step forward in advancing food freedom in Indiana, and the hard work and grassroot efforts of hundreds of home-based vendors, small farmers, and their customers made this happen,” Sydney Travis, activism coordinator at the Institute for Justice said. “People deserve the right to choose who they want to buy food from for themselves and their families. And food makers deserve the right to make and sell the products their customers want. This is a bill that everyone in the state will benefit from.”
The Institute for Justice is a libertarian nonprofit, public interest law firm that supports causes like private property and first amendment rights across the nation.
“This bill places freedom and autonomy back into the hands of producers and the preferences of consumers. Food knows no party. Health knows no party. This is a measure that will benefit all Hoosiers,” Smith, the bill’s author, said.
Dining and Cooking