By LINDA McGURK
Indiana Correspondent

INDIANAPOLIS, Ind. — A new law will make farmers’ markets legal in Indiana.

Yes, you read that right.

Until May 6, when House Enrolled Act 1309 was signed by Gov. Mitch Daniels, farmers’ markets were legally considered “food establishments,” meaning they had to abide by the same stringent regulations as restaurants and grocery stores.

But most vendors at farmers’ markets are small, home-based producers who lack the required licenses, which technically put them at odds with the law. Provided they follow certain food safety regulations, farmers’ markets and roadside stands will now be exempted from the licensing requirement, just like food cooked at home or served by nonprofits.

“This had kind of slipped under the radar,” said Brian Carnes, legislative director at the Indiana State Department of Health (ISDH). “But as farmers’ markets have grown in popularity and become more visible, the health department started to take notice, and some counties started to question whether the farmers’ markets could legally operate without a license.”

The new law exempts individuals at farmers’ markets or roadside stands from being regulated as food establishments, as long as the food is prepared at the person’s primary residence and “proper sanitary procedures,” such as hand washing and sanitation of food containers, are followed.

The products also have to be labeled with detailed information about the producer and the ingredients, and include the statement, “This product is home produced and processed and the production area has not been inspected by the state department of health” in at least 10-point type. Also, the products cannot be resold.
Food products that are considered potentially hazardous will not be exempted from food establishment status and will still need special licensing by the state.

Potentially hazardous foods are defined as foods that require temperature control because of their ability to carry pathogens that may cause food-borne illnesses, including all animal products that are raw or heat treated and all plant products that are heat treated or consist of raw seed sprouts.

County health departments are awaiting detailed guidelines for how to interpret the law, but according to the ISDH, raw eggs, meats, jams, jellies and canned fruits and vegetables are not exempt. The law also states that cut melons and garlic-in-oil mixtures are considered potentially hazardous.

“I think (the new law) is a good thing for the farmers’ markets. With their popularity growing, we would’ve had to deal with it sooner or later,” said Carnes.

State Rep. Sandy Blanton (D-Orleans) authored the bill after being contacted by representatives for several high profile farmers’ markets, who worried that the ISDH would start cracking down on their operations.

“They asked me to model something on what Kentucky has,” Blanton said, referring to a program in Kentucky that provides home-based food processors with training and certification.
Blanton’s original bill would have created a new certification program for home-based processing, such as canning, but it was amended in order to pass in the Senate. Carnes called the enacted bill a “happy medium” that exempts farmers’ markets and individual vendors from burdensome regulations and annual inspections, while still safeguarding public health.

The new law grants ISDH the authority to make inspections, but Carnes said they won’t be conducted randomly.

“If we find that something has caused food poisoning, we just need to know that we can track it down and prevent further illness,” he said.

“This will allow vendors the opportunity to bring their produce and home baked goods to the market,” said Blanton, adding that farmers’ markets are “an important economic development tool for small farmers, who are struggling just as badly as everyone else during this financial crisis.”

The law passed unanimously in the Indiana House and Senate, and became effective immediately after it was signed by the governor.