Indianapolis's Zoning Ordinance lists 'home based food production or brewing of alcoholic beverages for sale' as a use that is not permitted as a home occupation. Indiana's Home Based Vendor law (IC 16-42-5.3), however, exempts qualifying cottage-food vendors from food-establishment requirements and bars any local unit from requiring licensure, certification, or inspection of their food products.
Section 743-306.K.16 of the Zoning Ordinance lists prohibited home occupations, expressly including 'Home based food production or brewing of alcoholic beverages for sale.' At the same time, Indiana Code 16-42-5.3 (the Home Based Vendor statute, added by P.L.49-2022) creates a state framework for cottage food. IC 16-42-5.3-2 provides that 'A person may prepare and sell food products as a home based vendor if the person complies with the requirements of this chapter,' and IC 16-42-5.3-3 exempts the production and sale of those food products from the food-establishment requirements of Title 16. A home based vendor may sell only food that is made, grown, or raised at the individual's primary residence (including a permanent structure on the same property), is not a potentially hazardous (TCS) food, is prepared using proper sanitary procedures, and is not resold (IC 16-42-5.3-4). Critically for local rules, IC 16-42-5.3-12 provides that 'Notwithstanding any other law, a local unit of government ... may not by ordinance or resolution require any licensure, certification, or inspection of foods or food products of a home based vendor.' This state preemption limits the City's ability to license or inspect qualifying home-based food, even though the City's zoning ordinance still treats home food production for sale as outside the definition of a permitted home occupation. Vendors should confirm current zoning and state requirements before selling.
Local enforcement of cottage-food activity is constrained by IC 16-42-5.3-12, which bars Indianapolis from requiring licensure, certification, or inspection of a qualifying home based vendor's food products. Zoning concerns about a home food operation are handled by DBNS Code Enforcement under the Zoning Ordinance, subject to the state preemption; food-safety enforcement remains with the local health department acting under state department guidelines (IC 16-42-5.3-13).
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