Sec. 8. (a) A home based vendor is subject to food sampling and inspection if:
(1) the state department determines that the home based vendor's food product is:
(A) misbranded under IC 16-42-2-3; or
(B) adulterated; or
(2) a consumer complaint has been received by the state department.
(b) If the state department has reason to believe that an imminent health hazard exists with respect to a home based vendor's food product, the state department may order cessation of production and sale of the food product until the state department determines that the hazardous situation has been addressed.
(c) For purposes of this chapter, the state health commissioner or the commissioner's authorized representatives may take samples for analysis and conduct examinations and investigations through any officers or employees under the state health commissioner's supervision. Those officers and employees may enter, at reasonable times, the facilities of a home based vendor and inspect any food products in those places and all pertinent equipment, materials, containers, and labeling.
As added by P.L.49-2022, SEC.4.
Structure Indiana Code
Article 42. Regulation of Food, Drugs, and Cosmetics
Chapter 5.3. Home Based Food Products
16-42-5.3-2. Home Based Vendor
16-42-5.3-3. Exemption From Food Establishment Requirements
16-42-5.3-4. Requirements for the Preparation and Sale of a Food Product
16-42-5.3-5. Labeling Requirements
16-42-5.3-6. Shipping and Delivery of a Food Product
16-42-5.3-7. Food Handler Certificate
16-42-5.3-8. Food Sampling and Inspection; Powers of the State Department
16-42-5.3-9. Development of Guidelines
16-42-5.3-13. Guidelines Concerning State Department Rules; Enforcement