Can my Indiana city require a permit for cookie sales from home?

No. IC 16-42-5.3 preempts local permit requirements for cottage food products. Cities cannot require licenses, inspections, or fees for covered home-based vendor products sold under the state law.

What foods are not allowed under cottage food rules?

Meat, poultry, fish, dairy, low-acid canned goods, cut leafy greens, cut tomatoes, cut melons, sprouts, garlic-in-oil, and other potentially hazardous foods require commercial licensing and cannot be sold under the home-based vendor law.

Indiana Cottage Food Operations Law: Statewide Home Business Rules (2026)

Key Facts

Governing statute: IC 16-42-5.3
Permit required: None for covered foods
Sales channels: Direct, online, mail, markets
Required label disclosure: Home kitchen, uninspected
Local override allowed: No, statewide preemption

Full Breakdown

IC 16-42-5.3 (HEA 1149-2022) lets home-based vendors produce and sell items like baked goods, candy, jams, jellies, honey, dry mixes, and certain acid foods directly to consumers without state or local food establishment licenses. Sales are allowed in person, online, by mail, and at farmers markets. Each product must carry a label with the producer's name and address, product name, ingredients, allergens, net weight, and the disclosure: produced in a home kitchen not inspected by the State Department of Health. Local health departments cannot require additional permits for covered products.

Violations & Penalties

Selling unlabeled or non-permitted potentially hazardous foods (meat, dairy, low-acid canned goods) violates state law. Penalties include cease-and-desist orders and Class B infraction fines up to $1,000.

Indiana Home-Based Vendor Cottage Food Statewide Law

Key Facts

Full Breakdown

Violations & Penalties

Frequently Asked Questions

Sources

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