What foods can and cannot be sold?
POTENTIALLY HAZARDOUS FOODS CANNOT BE SOLD without proper permits and/or tests. This means NO dairy, salsa, prepared food requiring temperature control, or meat requiring permits. Live fish are allowed. Vendors must follow all health department and packaging rules for farmers’ markets and not store any food items directly on the ground. See table 1 on page 3 for examples of foods permitted and prohibited (HEA 1309). Pet foods must be licensed by the Indiana State Chemist (IC 15-19-7). Home Based Vendors of food for human consumption must have a Food Handler’s Permit (HB 1149, 2022). All vendors must follow state laws.
Update: Effective July 1, 2023, vendors who grow and sell produce (fruit and vegetables) whole and uncut only, are not required to have Safe Food Handler Certification to sell at farmers markets, farm stands or online. Safe Food Handler Certification (aka Food Handler’s Permit) is still required to sell eggs, honey and any other homemade food and beverage.
Home Based Vendors may only sell produce grown, products created, or services rendered by the vendor or an immediate family member. The resell of other’s items or retail items without modification is prohibited.
Hot Food Vendors are welcome. Vendors must comply with Dubois County Health Department by having a licensed kitchen if you live in Dubois County, a temporary food permit if you do not, or be otherwise exempt. Hot Food Vendors need to practice good food safety, have hand washing available, and proper disposal of waste products.
Vendors may not sell or give away live animals with the exception of fish for consumption.
Home Based Vendor Foods
Examples of Foods that May Be and May Not Be Sold by HBVs. (This list is not all inclusive.)
| Food Type | Examples Allowed | Examples Prohibited |
| Baked Goods | Cookies, cakes, fruit pies, cupcakes, bars, yeast breads, fruit breads, baguettes | Foods that contain meat, poultry, aquatic animals, non-baked dairy (cheese, butter, yogurt), non-baked egg containing products and whole eggs. Cheesecakes, quiche, or other bakes items needing refrigeration. |
| Candies and Confections | Caramels, chocolate, fudge, peanut brittle, chocolate covered fruits, buckeyes, chocolate covered nuts | |
| Fruit and Vegetables | Unprocessed, whole and uncut fruits and vegetable such as strawberries, blueberries, corn, lettuce, green beans, peppers, etc. Fruit-based jams and jellies2 (made from strawberries, blueberries, grapes, raspberries, blackberries, etc. with sugar only) Microgreens Fermented vegetables2 (using saltwater brine). Must not be in oxygen sealed container. Apple Butter2 Persimmons and frozen persimmons pulp. Various freeze-dried & dehydrated fruits2 Fruit juice2 drinks or ice pops | Canned products that are shelf-stable and in hermetically sealed containers such as salsas, chutney, chow-chow, and canned vegetables. Cut tomatoes and cut melons. Garlic in oil mixtures, herb and oil mixtures. Raw seed sprouts. (e.g., alfalfa sprouts) Pickled vegetables (beets, pickles) that are acidified and/or in an oxygen sealed container. Fruit butters and Low acid jellies (e.g., pumpkin, jalapeño. Except apple butter.) Freeze-dried & dehydrated tomatoes & melons Acidified foods cannot be sold. |
| Meat, Poultry, Eggs, and Seafood | Frozen meats1 Fresh chicken eggs4 Frozen poultry3 & rabbits Live fish Quail or duck eggs5 | Canned products that are shelf-stable an in hermetically sealed containers such as canned vegetables, canned meats, and canned seafood. |
| Tree nuts and legumes | Peanuts, almonds, cashews, walnuts, pistachios, etc. | |
| Beverages | Carbonated beverages, unadulterated juices from acidic fruits and vegetables2 | Juices from low acid foods. |
| Syrups | Honey, molasses, sorghum, maple syrup | Value |
- A permit is required by Indiana and/or the Dubois County Health Department.
- Must have a pH <= 4.6 and Aw > 0.85.
- Less than 1,000/year
- Requires ISEB Permit. Visit https://ag.purdue.edu/ansc/iseb/
- Does not require ISEB. Contact DNR for necessary licenses