INDIANAPOLIS – Legislation designed to repeal home-based vendor regulations has passed both chambers of the Indiana General Assembly and, at press time, was awaiting the governor’s signature.

Under House Bill 1424, the Indiana Department of Health may not impose any rules, regulations, certifications or licensing requirements on a homestead or small farm vendor that are not required under federal law. The same would apply to local units of government or local health departments, or the health and hospital corporation of Marion County. The bill would allow for the investigation of complaints against a homestead or small farm vendor regarding a foodborne illness derived from their food products.

The bill was authored by Rep. Hunter Smith (R-24th district).

The Indiana Farm Bureau (INFB) supports farm and home-based sales, said Micha Burkert, the organization’s director of government affairs. It also supports requiring food products that are made, grown or raised at the vendor’s primary residence or farm, meet state criteria and regulations. INFB opposes allowing the Indiana Department of Health or other local entities to impose rules or regulations that are more stringent than, or in conflict with, federal regulations.

The legislation gives vendors another avenue to sell their products, she told Farm World.

“During a time when farmers are trying to diversify their operations in an uncertain economy, this just provides more opportunities to do that,” she said. “Over the last few years, INFB has been engaged in how to support our members being able to sell their products made, grown and raised on their property directly to end users.

“This bill will give farmers the opportunity to expand the amount they can sell and will allow them to do that directly from their properties.”

HB 1424 added an additional vendor – homestead vendor – to allow individuals to sell items within buildings on their property instead of only on a roadside stand or at a farmers market, Burkert said. Homestead vendors may also sell meat and fermented items more easily now. If homestead vendors decide to sell off of their property, they would be required to take a food safety course, she added.

INFB is still working on the full impact of the bill, Burkert said. The organization supports food safety training that is widely accepted for farm- and home-based vendors, and labeling requirements for farm- and home-based vendor products, she said.

The bill seeks to continue Indiana’s deregulation of the “cottage food” industry, according to the Hoosier Environmental Council.

“It defines anyone who prepares and sells food products from their own property and has gross sales of less than $1.5 million per year as a ‘homestead vendor,’” the organization said. “It defines a ‘small farm’ as land used for producing crops or livestock with less than $1.5 million in gross sales per year of livestock or crop-related products. Around 90 percent of Indiana farms could meet the bill’s definition of a ‘small farm.’”