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Elkhart County, IN Home Business: Cottage Food Operations (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Permit
Not required
Health inspection
None
Allowed
Baked goods, jams, candy
Statute
IC 16-42-5.3 (recodified)
Roadside stands
Eggs, produce exempt

Summary

Indiana's Home Based Vendor law lets you sell non-potentially-hazardous homemade foods, like baked goods and jams, direct to consumers with no permit or health inspection. Eggs and whole uncut produce sold at a roadside stand or farmers market are exempt too.

These county ordinances apply to unincorporated areas of Elkhart County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

An individual vendor of a farmers' market or roadside stand is exempt from the requirements of this title that apply to a food establishment relating to the sale of eggs or whole uncut produce.

Full Breakdown

Indiana recodified its cottage food rules into IC 16-42-5.3 (Home Based Food Products), replacing the former IC 16-42-5.2 chapter, and the 2022 Home Based Vendor law (HEA 1149) expanded home food sales statewide. A home based vendor may make and sell shelf-stable, non-potentially-hazardous foods such as breads, cookies, cakes, candies, jams, and dried herbs directly to the end consumer without a food establishment permit or kitchen inspection. Products must carry a label with the producer's name and address and a statement that the food is homemade and not inspected. Under IC 16-42-5.3-11, a roadside stand or farmers market vendor selling eggs or whole uncut produce is exempt from food establishment requirements, which covers the Amish produce stands throughout the county.

Violations & Fines

Selling refrigerated, potentially hazardous foods, or omitting the required home-kitchen label, strips home based vendor protection and subjects the seller to full retail food establishment permitting and health department enforcement.

Frequently Asked Questions

Do I need a permit to sell homemade baked goods?
No. Under Indiana's Home Based Vendor law (IC 16-42-5.3) you can sell non-potentially-hazardous foods like breads and jams direct to consumers with no permit or inspection, if properly labeled.
Can I sell eggs or produce at a roadside stand?
Yes. IC 16-42-5.3-11 exempts a roadside stand or farmers market vendor selling eggs or whole uncut produce from food establishment requirements.

Sources & Official References

Other rules in Elkhart County

All Elkhart County rules

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