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Gary, IN Public Health Rules: Food Handler Certification (2026)

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

Key Facts

Certificate required for
peddlers and transient merchants selling/handling food
Issued by
Gary Health Department
Paired permit
retail food permit under §§ 24-94 to 24-99
Zoning review
Planning and Zoning approves parking, traffic
First-offense fine
up to $2,500.00 (§ 1-7)
Repeat-offense fine
up to $7,500.00 (§ 1-7)

Summary

Every peddler and transient merchant selling food in the City of Gary must hold a food handlers certificate issued by the health department before the city controller will approve the license application. Gary Municipal Code § 10-301 folds this certificate into the same review that issues a retail food permit under sections 24-94 through 24-99, and the health department notes the certificate directly on the license file.

(a)Health department permit.(1)Upon receipt by the city controller of an application for transient merchant or peddler, in instances where foodstuffs will be sold, the application shall be referred to the health department for issuance of a retail food permit as defined in sections 24-94 through 24-99. ... (5)All individual peddlers selling food and all transient merchants and their employees selling or handling food shall have a food handlers certificate issued by the health department, and the same shall be noted by the health department on the application for license. (6)If after inspection of the vehicle or structure from which food is intended for sale, the health department refuses to issue a retail food permit because of noncompliance with health requirements, the health commissioner shall endorse on the application for license his disapproval and the reasons for the same and return the application to the city controller who shall notify the applicant that his application is disapproved and that no permit and license will be issued.

Full Breakdown

Section 10-301 of the Gary Municipal Code folds food safety review into the city's peddler and transient merchant licensing process. When a peddler or transient merchant application involves selling foodstuffs, the city controller forwards the file to the health department, which issues a retail food permit under sections 24-94 through 24-99. A separate retail food permit is required for each structure or vehicle a transient merchant operates, and the health department records the vehicle identification number and license plate on both the application and the permit.

Beyond the retail food permit, section 10-301(a)(5) requires that every individual peddler selling food, and every transient merchant and its employees who sell or handle food, carry a food handlers certificate issued by the health department; the health department notes that certificate directly on the license application. If the health department inspects the vehicle or structure and finds it does not comply with health requirements, the health commissioner endorses the disapproval on the application and returns it to the city controller, who then notifies the applicant that no permit and license will issue.

Zoning review runs alongside the health review: under section 10-301(b), the department of planning and zoning also reviews any application involving a temporary structure or vehicle to confirm adequate off-street parking and that the business will not interfere with street traffic. Only after both the health department and the zoning department sign off does the city controller complete the peddler or transient merchant license under article VII of chapter 10.

Violations & Fines

Selling or handling food as a peddler or transient merchant employee without the health department's food handlers certificate leaves the application incomplete, and the health commissioner can disapprove the license outright under section 10-301(a)(6). Operating without the required license is a Code violation, and under the general penalty of section 1-7, a first offense carries a fine up to $2,500.00 and a second or subsequent offense up to $7,500.00, with each day of a continuing violation charged as a separate offense.

Frequently Asked Questions

Does every peddler in Gary need a food handlers certificate?
Only peddlers and transient merchants who sell or handle food. Section 10-301(a)(5) requires the certificate for the individual peddler and for every employee of a transient merchant who sells or handles food, and the health department notes it on the license application before the city controller issues the license.
What happens if the health department finds the food vehicle or stand unsafe?
Under section 10-301(a)(6), the health commissioner endorses a disapproval and reason on the application and returns it to the city controller, who notifies the applicant the permit and license will not be issued until the noncompliance is corrected.
Is a separate permit needed for each food cart or vehicle?
Yes. Section 10-301(a)(2) requires a separate retail food permit for each structure or vehicle a transient merchant operates to sell food, and the health department records that vehicle's identification number and license plate on the permit.

Sources & Official References

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