FOOD SAFETY Advisory
Dairy and Meat Products under HEA 1309
26 June 2009

On July 1, 2009, House Enrolled Act (HEA) 1309 takes effect. This law modifies three sections of the Indiana Code that pertain to the manufacture and sale of food by Home-Based Vendors (HBV) at roadside stands and farmers markets.

Individuals who plan to produce food products under HEA 1309 need to be aware that state laws pertaining to the processing and manufacture of dairy, meat and poultry products has not changed. These products are still subject to state licensure and inspection.

Dairy Products

Commercial or certified kitchens do not qualify as processing facilities for dairy products that contain raw ingredients. Ice cream, if made from a commercially pasteurized mix, is permitted.

Raw milk and raw milk products, such as fluid milk, butter, cheese and ice cream, are illegal to sell or distribute in Indiana. Some raw milk cheeses may be manufactured; however, these must be done under inspection by BOAH.

Individuals who want to produce dairy products should contact the Indiana State Board of Animal Health's Dairy Division. Facilities must be inspected and licensed by the agency to meet specific standards set forth by the U.S. Food and Drug Administration.

Meat and Poultry Products

Commercial or certified kitchens may qualify as processing facilities for meat and poultry products, if the facility is licensed and inspected by the state. Unless operating under the state's retail exemption to allow local health department inspections, all processing facilities must be inspected and permitted by the Indiana State Board of Animal Health's Meat and Poultry Inspection Division.

Products processed in state-licensed custom-exempt facilities may not be resold to the public. This includes repackaging of bulk meat products. All legally inspected meat and poultry products will bear the Indiana or federal mark of inspection.

More Information

For more information about becoming licensed for processing of meat and/or dairy products, visit the BOAH website at http://www.boah.in.gov/ .

Information, including guidance documents, about HEA 1309 is available at the Indiana State Department of Health's website at:  http://www.in.gov/isdh/21054.htm  .

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