Gavin Howe
Indiana's cottage food laws allow individuals to make and sell homemade products. The laws are designed to encourage entrepreneurship by making it easy to start a cottage food business. While there are no sales limits, licenses, or inspections required, vendors must comply with specific regulations, such as proper labelling and selling only non-hazardous and non-perishable foods. These laws underwent significant changes in 2022, expanding the sales channels for cottage food producers. However, certain restrictions still apply, and it is important for vendors to stay updated with the evolving legal requirements.
| Characteristics | Values |
|---|---|
| License or permit required | No license or permit is required. |
| Registration required | No registration is required. |
| Food handler's certificate required | Yes, a food handler's certificate is required. |
| Food type | Non-potentially hazardous foods that are non-perishable and do not require refrigeration. |
| Food examples | Baked goods, candy, produce, nuts, legumes, honey, molasses, syrup, jams, jellies, dried goods, bagels, cakes, cookies, etc. |
| Foods not allowed | Milk, dairy products, eggs, meat, aquatic animal products, noodles, canned goods, cut melons, raw seed sprouts, garlic in oil mixtures, cut tomatoes, leafy greens, acidified foods (e.g., pickles, salsas, sauces). |
| Sales location | Direct-to-consumer sales within Indiana, including online sales and in-state shipping. Sales are restricted to Indiana and cannot be made across state lines. |
| Sales limit | No sales limit. |
| Resale | Not allowed. |
| Record-keeping | Records of shipping or delivery addresses must be maintained for at least one year. |
| Inspections | Regulatory authorities may inspect food products and labels to ensure compliance with the law. |
| Labeling | Labels must include specific information such as the name and address of the food preparer, date, product name, weight, volume, and a list of ingredients. Allergen labeling is encouraged but not required. |
| Liability | Producers are liable for any food-related illnesses or issues traced back to their sales. |
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What You'll Learn
Milk is a potential allergen and must be labelled as such
Indiana's cottage food laws allow individuals to make homemade products and offer them for commercial sale. These laws have been updated over the years to encourage entrepreneurship and make it easy to start a cottage food business. While the laws outline specific requirements for selling food products, they do not specifically mention milk or dairy products.
However, it is important to note that milk is a potential allergen and must be labelled as such. Food allergies are a serious matter, and the presence of allergens in food products must be clearly indicated to protect consumers. The Food Allergen Labeling and Consumer Protection Act of 2004 (FALCPA) identified eight foods as major food allergens, including milk. This means that milk must be listed on food labels to comply with federal regulations.
The FDA provides guidance to the food industry and conducts inspections to ensure that major food allergens, including milk, are properly labelled. They also work with companies to recall products and notify consumers if issues are found. In addition, the FDA has the authority to seize and remove non-compliant products from the marketplace.
To comply with allergen labeling requirements, food producers must identify the food source of all major food allergens used in their products. This can be done by including the common or usual name of the ingredient, such as "buttermilk," or by declaring the allergen's food source in parentheses following the ingredient name, such as "whey (milk)." A "Contains" statement is also required, listing all allergens present in the product.
It is important to note that not all allergen-containing products have a "Contains" statement, so consumers with milk allergies must carefully read all ingredient information on labels. Advisory statements such as "may contain milk" or "produced in a facility that also processes milk" are voluntary and not regulated by the FDA. Therefore, it is crucial for individuals with milk allergies to always read labels and be cautious when consuming food that may contain milk.
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Milk is a low-acid food and requires temperature control
Indiana cottage food laws allow individuals to make homemade products and offer them for commercial sale. These laws require that all food products must be non-potentially hazardous and temperature-controlled. This means that items that must be kept in the fridge or freezer are not allowed.
Milk is susceptible to contamination by microorganisms such as Bacillus spp., which can survive thermal processes and cause spoilage. Proper pasteurization and storage temperatures are critical to ensuring the safety of milk. Ultra-high-temperature (UHT) treatment is often applied to milk to achieve sterilization, but even UHT-treated milk can be susceptible to spoilage by certain organisms, such as Bacillus coagulans, which can cause firm coagulation.
To comply with Indiana cottage food laws, it is essential to maintain proper temperature control for milk and other low-acid foods. This includes ensuring that milk is stored at the appropriate temperatures during transportation and retail display. Failure to do so could result in the milk being classified as "potentially hazardous," which is prohibited under the current Indiana cottage food laws.
Additionally, it is worth noting that Indiana's cottage food laws underwent changes in 2022, allowing home-based vendors to sell most types of non-perishable foods directly to consumers within the state, including online sales and in-state shipping. However, perishable foods, including milk, are prohibited from being sold by home-based vendors.
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Milk cannot be sold as a cottage food product in Indiana
Indiana has a broad definition of allowable food products under its cottage food laws. It is any food below a certain pH value or water activity level, which allows nearly any kind of non-potentially hazardous food. However, milk cannot be sold as a cottage food product in Indiana. This is because milk is considered a potentially hazardous food product.
According to Indiana's updated home-based food law, potentially hazardous food products are natural or synthetic foods that require temperature control due to the possible support of infectious or toxigenic microbes or botulism. Milk, being a low-acidity food, requires temperature control to prevent the growth of harmful bacteria. Milk has a pH value of above 4.6, which is higher than the allowed pH value of 4.6 or less for cottage food products in Indiana.
While milk cannot be sold directly as a cottage food product, it can be used as an ingredient in allowed foods. For example, baked goods such as cakes, cookies, and brownies are permitted under Indiana's cottage food laws. As long as the final product does not contain milk as a primary ingredient and is not considered potentially hazardous, it can be sold under the cottage food laws.
It is important to note that Indiana's cottage food laws have specific requirements and restrictions. While there is no limit on sales, products must be sold directly to consumers within the state, and certain labeling requirements must be met. Home-based vendors must also obtain a food handler certificate and comply with food safety regulations.
In summary, while milk cannot be sold as a standalone cottage food product in Indiana due to its classification as a potentially hazardous food, it can be used as an ingredient in permitted food items. Entrepreneurs interested in selling milk-based products under Indiana's cottage food laws should carefully review the specific regulations and consult with local authorities to ensure compliance.
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Milk can be used as an ingredient in certain allowed foods
Indiana's Cottage Food Laws focus on non-potentially hazardous foods that are non-perishable and do not require refrigeration. These foods are generally harder to spoil and are considered safe for less-regulated sales. Examples of allowed foods include baked goods, candy, produce, nuts, legumes, honey, molasses, syrup, jams, jellies, and dried goods.
Milk, as a low-acidity food, requires temperature control to prevent the growth of infectious microbes or salmonella. However, when used as an ingredient in allowed foods, it can be rendered harmless and included in the final product. This is because the cooking or baking process can eliminate potential hazards associated with milk.
It is important to note that Indiana's Cottage Food Laws have specific requirements for labelling and direct sales. Labels must include a list of ingredients, the name of the food, and the address of the producer. Sales are restricted to within Indiana and must be direct to consumers, including online sales and in-state shipping.
To comply with Indiana's Cottage Food Laws, it is essential to understand the allowed foods and their specific requirements. Using milk as an ingredient can be acceptable, but it is crucial to ensure that the final product meets the safety and regulatory standards outlined by the state.
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Milk can be used in recipes sold to established food producers
Indiana cottage food laws allow individuals to make homemade products and offer them for commercial sale. These laws apply to a specific list of foods, including baked goods, candy, produce, nuts, legumes, honey, molasses, syrup, jams, jellies, and dried goods. While milk and dairy products are not allowed to be sold under these laws, they can be used as ingredients in the allowed foods. For example, milk can be baked or cooked into recipes for the permitted foods, rendering it harmless and therefore allowed.
It is important to note that Indiana cottage food laws only permit the sale of non-potentially hazardous foods that do not require refrigeration. Milk, being a low-acidity food, typically requires temperature control to prevent the potential growth of harmful microbes or bacteria. However, when used as an ingredient in baked goods or other allowed foods, milk is rendered stable and safe for consumption.
To comply with Indiana cottage food laws, proper labeling is essential. All products must be labeled with the name and address of the person preparing the food, the date the food was processed, the name of the product, and a list of ingredients in descending order by weight. Allergen labeling is not mandatory but is strongly encouraged. If any of the ingredients contain milk, eggs, wheat, peanuts, soybeans, fish, shellfish, or tree nuts, it is recommended to include an allergen statement, such as "Contains milk."
It is worth mentioning that Indiana does not require a license, permit, or registration to start a cottage food business. However, since July 2022, home-based food vendors must possess a food handler's certificate. By following these guidelines, individuals can utilize milk in recipes and legally sell their products to established food producers within the state of Indiana.
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Frequently asked questions
No, milk and dairy products are not allowed under Indiana Cottage Law. However, they can be used as ingredients for allowed foods.
Foods that can be sold under Indiana Cottage Law include baked goods, candy, produce, nuts and legumes, honey, molasses, syrup, jams, jellies, and dried goods.
All foods sold under Indiana Cottage Law must be labelled with the name and address of the person preparing the food, the date the food was processed, the name of the product, the net weight and volume of the product, and a list of ingredients in descending order by weight. It is also encouraged to include allergen labelling.
