What Indiana actually decides
Indiana wrote the preemption in explicitly. IC 16-42-5.3-12 bars any local unit of government from requiring licensure, certification or inspection by ordinance, and the Department of Health goes further in its FAQ: a farmers market may not require a food licence from you. It may ask to see your food handler certificate, which is fair, because that is the one thing you genuinely need.
Get the certificate from an ANSI-accredited issuer, give a copy to the local health department in your county, and be able to produce it on request to IDOH or to a customer. There is no cap on sales and nothing to renew with the state.
The product boundary is a prohibited list with some specific edges. Cakes and cupcakes are in, provided the icing is commercially prepared or lab-tested and needs no temperature control. No-bake cookie dough is in, if it uses commercially heat-treated flour. Out are raw or cooked animal protein, prepared foods like casseroles and charcuterie boards, anything with cut leafy greens, and pickled, acidified or fermented foods.
July 2026 added a second tier worth knowing about. Homestead vendors and small farms may now sell meat products, prepared foods, produce, natural sweeteners and fruit spreads under IC 16-42-5.4, under $1.5 million gross a year, with their own label statement and a duty to describe allergens. The home-based vendor rules on this page are unchanged and still in force.
The short version
What you can sell in Indiana
Straight from the official record. Read these as categories rather than a menu, because one recipe can cross the line on its own: a filling that needs refrigeration, a pH that needs testing, or a process that needs an authority to sign it off.
- Baked goods such as baklava, scones, lamington and select kolache
- Bread: bagels, focaccia, pretzels, quick bread, sourdough, cheese biscuits
- Cakes and cupcakes with commercially prepared or lab-tested icing that needs no temperature control
- Cookies, and no-bake cookie dough made with commercially heat-treated flour
- Candy, chocolate, fudge, ganache, truffles and hot chocolate bombs
- Canned high-acid fruits, jams, jellies, preserves and high-acid fruit curds in glass jars
- Chips and crackers
- Dried and dehydrated fruits, dried herbs, granola and trail mix
- Honey, raw, creamed, combed or infused with generally recognised as safe ingredients, and maple syrup
- Roasted coffee beans, whole or ground
- Nut butters ground from peanuts or tree nuts
- Baking mixes, spice blends and dried teas
What is outside the rule
If your product is on this list, the answer is not "ask nicely". It is a different licence, a different kitchen, or both.
- Raw or cooked animal protein, including meats and tallow
- Prepared foods: casseroles, charcuterie boards, fruit salads, lasagna, ready-made meals
- Dairy products, except commercial dairy used only as an ingredient
- Anything using cut leafy greens, such as kimchi, salad and sauerkraut
- Pickled, acidified and fermented foods, and home-canned low-acid vegetables
- Low-acid or low-sugar jams and jellies, pepper jelly, fig preserves, homemade hot sauce, barbecue sauce, chow chow and chutney
- Cheesecake, cream, custard and meringue pies, fruit tarts, pumpkin and sweet potato pies
- Kombucha, cold brew coffee, fresh-pressed juice, homemade extracts, CBD or Delta-8 and Delta-9 products, and pet treats



