HB 1424

           Second Regular Session of the 124th General Assembly (2026)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
  Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2025 Regular Session of the General Assembly.
    HOUSE ENROLLED ACT No. 1424
    AN ACT to amend the Indiana Code concerning health.
    Be it enacted by the General Assembly of the State of Indiana:
   SECTION 1. IC 16-18-2-137, AS AMENDED BY P.L.49-2022,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 137. (a) "Food establishment", for purposes of
IC 16-42-5, IC 16-42-5.2, and IC 16-42-5.3, means any building, room,
basement, vehicle of transportation, cellar, or open or enclosed area
occupied or used for handling food.
   (b) The term does not include the following:
     (1) A dwelling where food is prepared on the premises by the
     occupants, free of charge, for their consumption or for
     consumption by their guests.
     (2) A gathering of individuals at a venue of an organization that
     is organized for educational purposes in a nonpublic educational
     setting or for religious purposes, if:
         (A) the individuals separately or jointly provide or prepare,
         free of charge, and consume their own food or that of others
         attending the gathering; and
         (B) the gathering is for a purpose of the organization.
     Gatherings for the purpose of the organization include funerals,
     wedding receptions, christenings, bar or bat mitzvahs, baptisms,
     communions, and other events or celebrations sponsored by the
     organization.
     (3) A vehicle used to transport food solely for distribution to the
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    needy, either free of charge or for a nominal donation.
    (4) A private gathering of individuals who separately or jointly
    provide or prepare and consume their own food or that of others
    attending the gathering, regardless of whether the gathering is
    held on public or private property.
    (5) Except for food prepared by a for-profit entity, a venue of the
    sale of food prepared for an organization:
        (A) that is organized for:
          (i) religious purposes; or
          (ii) educational purposes in a nonpublic educational setting;
        (B) that is exempt from taxation under Section 501 of the
        Internal Revenue Code; and
        (C) that offers the food for sale to the final consumer at an
        event held for the benefit of the organization;
    unless the food is being provided in a restaurant or a cafeteria
    with an extensive menu of prepared foods.
    (6) Except for food prepared by a for-profit entity, an Indiana
    nonprofit organization that:
        (A) is organized for civic, fraternal, veterans, or charitable
        purposes;
        (B) is exempt from taxation under Section 501 of the Internal
        Revenue Code; and
        (C) offers food for sale to the final consumer at an event held
        for the benefit of the organization;
    if the events conducted by the organization take place for not
    more than fifteen (15) days in a calendar year.
    (7) The holder of a farm winery permit under IC 7.1-3-12-5 or a
    brewer's permit under IC 7.1-3-2-7(5) if the requirements of
    IC 16-42-5-30 are met.
    (8) A home based vendor or an individual vendor who sells a food
    product under IC 16-42-5.3.
    (9) A homestead vendor (as defined in IC 16-42-5.4-1).
    (10) A small farm (as defined in IC 16-42-5.4-4).
   SECTION 2. IC 16-18-2-172.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 172.5. "Homestead vendor", for
purposes of IC 16-42-5.4, has the meaning set forth in
IC 16-42-5.4-1.
   SECTION 3. IC 16-18-2-222.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 222.5. "Meat product", for
purposes of IC 16-42-5.4, has the meaning set forth in
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IC 16-42-5.4-2.
    SECTION 4. IC 16-18-2-293.9 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 293.9. "Produce", for purposes
of IC 16-42-5.4, has the meaning set forth in IC 16-42-5.4-3.
    SECTION 5. IC 16-18-2-331.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 331.7. "Small farm", for
purposes of IC 16-42-5.4, has the meaning set forth in
IC 16-42-5.4-4.
    SECTION 6. IC 16-19-3-4, AS AMENDED BY P.L.1-2025,
SECTION 182, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 4. (a) Except as provided in
IC 16-42-5.4, the executive board may, by an affirmative vote of a
majority of its members, adopt reasonable rules under IC 4-22-2 on
behalf of the state department to protect or to improve the public health
in Indiana.
    (b) The rules may concern but are not limited to the following:
      (1) Nuisances dangerous to public health.
      (2) The pollution of any water supply other than where
      jurisdiction is in the environmental rules board and department of
      environmental management.
      (3) The disposition of excremental and sewage matter.
      (4) The control of fly and mosquito breeding places.
      (5) The detection, reporting, prevention, and control of diseases
      that affect public health.
      (6) The care of maternity and infant cases and the conduct of
      maternity homes.
      (7) The production, distribution, and sale of human food.
      (8) Except as provided in section 4.4 of this chapter, the conduct
      of camps.
      (9) Standards of cleanliness of eating facilities for the public.
      (10) Standards of cleanliness of sanitary facilities offered for
      public use.
      (11) The handling, disposal, disinterment, and reburial of dead
      human bodies.
      (12) Vital statistics.
      (13) Sanitary conditions and facilities in public buildings and
      grounds, including plumbing, drainage, sewage disposal, water
      supply, lighting, heating, and ventilation, other than where
      jurisdiction is vested by law in the fire prevention and building
      safety commission or other state agency.
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       (14) The design, construction, and operation of swimming and
       wading pools. However, the rules governing swimming and
       wading pools do not apply to a pool maintained by an individual
       for the sole use of the individual's household and house guests.
       (15) Time temperature control for safety food.
    (c) The executive board shall adopt reasonable rules to regulate the
following:
       (1) The sanitary operation of tattoo parlors.
       (2) The sanitary operation of body piercing facilities.
    (d) The executive board may adopt rules on behalf of the state
department for the efficient enforcement of this title, except as
otherwise provided. However, fees for inspections relating to weights
and measures may not be established by the rules.
    (e) The executive board may declare that a rule described in
subsection (d) is necessary to meet an emergency and adopt the rule
under IC 4-22-2.
    (f) The rules of the state department may not be inconsistent with
this title and or any other state law.
    (g) Rules adopted under subsection (b)(15) may not apply to a:
       (1) homestead vendor (as defined in IC 16-42-5.4-1); or
       (2) small farm (as defined in IC 16-42-5.4-4).
    SECTION 7. IC 16-42-5-0.2 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2026]: Sec. 0.2. A person that:
       (1) is a homestead vendor (as defined in IC 16-42-5.4-1); or
       (2) operates a small farm (as defined in IC 16-42-5.4-4);
is exempt from the requirements of this chapter.
    SECTION 8. IC 16-42-5.4 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]:
    Chapter 5.4. Regulation of Community Producers
    Sec. 1. As used in this chapter, "homestead vendor" means a
person that prepares and sells food products or meat products
from:
       (1) property or at a farmers market; and
       (2) which the person does not receive more than one million
       five hundred thousand dollars ($1,500,000) in gross sales from
       food products or meat products in a single year.
    Sec. 2. As used in this chapter, "meat product" means a product
capable of use as human food that is made wholly or in part from
meat or other parts of the carcass of any of the following:
       (1) Cattle.
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      (2) Sheep.
      (3) Swine.
      (4) Bison.
      (5) Poultry.
      (6) Goats.
      (7) Rabbit.
    Sec. 3. As used in this chapter, "produce" means any
agricultural or naturally occurring product that is:
      (1) grown, cultivated, raised, or harvested for human
      consumption; and
      (2) not prohibited by state or federal law.
    Sec. 3.5. As used in this chapter, "property" means land owned
or leased by a homestead vendor or the owner of a small farm that
is either the homestead vendor's or the owner of a small farm's:
      (1) primary residence; or
      (2) agricultural property.
    Sec. 4. As used in this chapter, "small farm" means land:
      (1) that is used primarily for growing crops or raising
      livestock;
      (2) from which a person prepares and sells food products; and
      (3) from which not more than one million five hundred
      thousand dollars ($1,500,000) in gross sales is received from:
         (A) meat products;
         (B) cultivated or harvested crops; or
         (C) the sale of food products;
      in a single year.
    Sec. 5. (a) Except as provided in subsection (b), the state
department, a local unit of government (as defined in
IC 14-22-31.5-1), the corporation, or a local health department
may not impose any rules, regulations, certifications, or licensing
requirements on:
      (1) a homestead vendor; or
      (2) an owner of a small farm;
that are not required under federal law.
    (b) The state department, a local unit of government (as defined
in IC 14-22-31.5-1), the corporation, or a local health department
may investigate complaints against:
      (1) a homestead vendor; or
      (2) an owner of a small farm;
regarding a foodborne illness derived from the homestead vendor
or the owner of a small farm's food product.
    Sec. 6. (a) The homestead vendor or the owner of a small farm
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may sell the items described in subsection (b) at:
     (1) property (as defined in section 3.5 of this chapter); or
     (2) a farmers market;
directly to an end consumer.
   (b) A homestead vendor or the owner of a small farm may sell
the following items primarily derived from a location described in
subsection (a)(1) or (a)(2) directly to an end consumer:
     (1) Meat products:
         (A) raised at the individual's property; and
         (B) slaughtered, processed, and labeled in compliance with
         IC 15-17-5.
     (2) Prepared foods, including baked goods.
     (3) Candy.
     (4) Produce.
     (5) Natural sweeteners.
     (6) Fruit spreads.
   Sec. 7. (a) A homestead vendor or the owner of a small farm
shall include a label for packaged homemade food products or a
sign for unpackaged homemade food products that contains the
following information:
     (1) The name of the homestead vendor or the owner of the
     small farm that produced the homemade food product.
     (2) The address of the homestead vendor or the owner of the
     small farm that produced the homemade food product.
     (3) The ingredients of the homemade food product, in
     descending order by predominance by weight.
     (4) A description of the homemade food product.
     (5) A description of allergens that might have come in contact
     with the homemade food product.
     (6) The following statement in at least 10 point type: "This
     product was produced by a homestead vendor or the owner of
     a small farm that is exempt from government licensing and
     inspection.".
   (b) A homestead vendor may not ship or deliver a food product
to an end consumer who is located outside Indiana.
   Sec. 8. (a) If a homestead vendor or the owner of a small farm
obtains a food handler's certificate from a certificate issuer that is
accredited by the American National Standards Institute, then the
homestead vendor or the owner of a small farm may ship or deliver
a food product or meat product in a sealed package directly to an
end consumer.
   (b) A homestead vendor or the owner of a small farm who does
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not have a food handler's certificate may not ship or deliver a food
product or meat product.
    (c) A homestead vendor or the owner of a small farm may not
ship or deliver a food product or meat product to an end consumer
who is located outside Indiana.
    Sec. 9. (a) A homestead vendor or the owner of a small farm
who sells meat products from livestock under this chapter must
keep the meat products refrigerated in a manner consistent with
best food handling practices.
    (b) A homestead vendor or the owner of a small farm who is
subject to section 8 of this chapter shall:
      (1) handle;
      (2) refrigerate;
      (3) transport; and
      (4) store;
the meat products or food products in a manner that prevents
contamination or adulteration.
    SECTION 9. IC 22-11-17-1.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 1.5. A public building located on
a:
      (1) homestead vendor's (as defined in IC 16-42-5.4-1); or
      (2) small farm's (as defined in IC 16-42-5.4-4);
property (as defined in IC 16-42-5.4-3.5) is exempt from this
chapter and rules adopted by the commission.
    SECTION 10. IC 22-12-1-4, AS AMENDED BY P.L.142-2013,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 4. (a) "Class 1 structure" means any part of the
following:
      (1) A building or structure that is intended to be or is occupied or
      otherwise used in any part by any of the following:
         (A) The public.
         (B) Three (3) or more tenants.
         (C) One (1) or more persons who act as the employees of
         another.
      (2) A site improvement affecting access by persons with physical
      disabilities to a building or structure described in subdivision (1).
      (3) Outdoor event equipment.
      (4) Any class of buildings or structures that the commission
      determines by rules to affect a building or structure described in
      subdivision (1), except buildings or structures described in
      subsections (c) through (f).
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   (b) Subsection (a)(1) includes a structure that contains three (3) or
more condominium units (as defined in IC 32-25-2-9) or other units
that:
      (1) are intended to be or are used or leased by the owner of the
      unit; and
      (2) are not completely separated from each other by an
      unimproved space.
   (c) Subsection (a)(1) does not include a building or structure that
      (1) is intended to be or is used only for an agricultural purpose on
      the land where it is located. and A building or structure under
      this subsection includes a stand or another retail building
      used primarily for the sale of goods or other items on
      property (as defined in IC 16-42-5.4-3.5).
      (2) is not used for retail trade or is a stand used for retail sales of
      farm produce for eight (8) or less consecutive months in a
      calendar year.
   (d) Subsection (a)(1) does not include a Class 2 structure.
   (e) Subsection (a)(1) does not include a vehicular bridge.
   (f) Subsection (a)(1) does not include a structure that is intended to
be or is occupied solely to provide periodic maintenance or repair of:
      (1) the structure; or
      (2) mechanical or electrical equipment located within and affixed
      to the structure.
   SECTION 11. IC 22-13-2-16 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 16. The following apply to a
building, a structure, a stand, or another retail building under
IC 22-12-1-4(c) used primarily for the sale of goods or other items
on property (as defined in IC 16-42-5.4-3.5):
      (1) This section does not:
          (A) authorize the placement of a building, structure, or
          stand within a public right-of-way, utility easement, or
          other restricted area in violation of applicable law;
          (B) affect the authority of a county, municipality, or other
          local unit to regulate access to a road, including ingress
          and egress, driveway permits, curb cuts, or related
          requirements; or
          (C) affect the authority of a county, municipality, or other
          local unit to enforce requirements concerning setbacks,
          parking, and signage.
      (2) If the building, structure, or stand contains plumbing
      fixtures and is located within the boundaries of a sewer
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   district or is otherwise eligible for connection to a public
   sewer system, the owner shall obtain a will-serve letter from
   the applicable sewer utility. If the building, structure, or stand
   is not located within a sewer district the owner must obtain:
       (A) a new or modified septic construction permit issued by
       the local health department; or
       (B) written verification from the local health department
       that the existing onsite sewage system has sufficient
       capacity to serve the building, structure, or stand.
   (3) Compliance with this section does not require:
       (A) classification as a Class 1 structure;
       (B) a design release;
       (C) plan review;
       (D) a building permit; or
       (E) a certificate of occupancy under this article.
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Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date:  Time:
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