Bill In Indiana For Home Based Bakers!
Decorating By indydebi Updated 14 Jun 2009 , 7:54pm by Mindy1006
I thought I heard on the news that next Wednesday is the end of this legislative session. What happens if they can't get this voted through by then???
NNNOOOOOOOOOOOOO!!! Sorry that was a scream of frustration... *Ahem*
Don't give up hope until after the 29th. That is the official last day.
It would be a shame to let the bill just die. It seemed that the House and Senate were in favor with almost 100% support.
I haven't heard back from Mrs. Blanton.
I went to in.gov and in the General Assembly page you can click on "current session info" and that page lists schedules for the House and Senate. I checked on the House calendar and our bill is listed for tomorrow.
Thank you for finding that. I didnt even think of looking at the schedule.
I am still confused about the scope of this bill. I am terrible at reading the legal-ease. I contacted my representative for something else (yes, I am that kind of person...) and mentioned this bill too. No one has gotten back to me for clarification.
By the way...I am not really good enough to sell from home, but I like to have open options. 
Janice
I'm hoping for more clarification after IT PASSES!!! Maybe someone will interpret the bill for us home bakers as to how it will apply to us cakers!!
House Bill 1309
Current Status:
Ready for Enrollment
This is what it now says at the top of the bill info page. Does anyone know what that means ?....Looks like the session is over for today according to the "live" link, says it will meet again tomorrow.
House Bill 1309
Current Status:
Ready for Enrollment
This is what it now says at the top of the bill info page. Does anyone know what that means ?....Looks like the session is over for today according to the "live" link, says it will meet again tomorrow.
http://www.ask.com/bar?q=what+does+it+mean+if+a+legislative+bill+is+%22enrolled%22%3F&page=1&qsrc=2106&ab=0&u=http%3A%2F%2Fwww.flsenate.gov%2FInfo_Center%2Findex.cfm%3Fp%3D2%26Mode%3DFrequently%2520Asked%2520Questions%26Submenu%3D4%26Tab%3Dinfo_center
What is the difference between an engrossed bill and an enrolled bill?
An engrossed bill is a bill which has been amended. A bill may be engrossed many times. An enrolled bill, which may or may not have been engrossed, is a bill that has passed both houses of the legislature in identical form and has been converted into an act for presentation to the Governor or Secretary of State.
Gang, please remember the bill was changed from "Home Food Processor" to "Farmers and Flea Market". As I read it, this only applies to you if you sell in a farmers or flea market type of environment. Before everyone jumps in and runs big ads ( 
), I'd confirm with the health dept exactly what it covers and means.
But Indy, to even sell at a Flea/Farmer's market, wouldn't you have to bake/can the goods from your home?? Geez, Louise, can this be any more frustrating??
I read it as you are only able to sell your goods at a Farmer's Market/Flea Market. I admit though that I have yet to be able to put the whole bill into context.
Unfortunately, my county's HD is notoriously political and somewhat difficult information from. I was hoping to get an interpretation so I had some knowlege before I even posed the question.
Yeah, my counties HD is incredibly difficult and I don't even want to call and ask unless I call undercover from a phone booth!!
"Farmers and Flea Market?" Indi, where did you get that title? It reads "Farmer's Market and Roadside Stands." It is the 'what constitutes a roadside stand?' that may leave an opening for Home bakers. They would need to get labels which meets state requirements. If they really want road side stands, I guess a folding table and maybe a gazebo (for those of you who want to be "upscale" or a tent gazebo for "mid-scale") in the front yard might do it.
But to skip the silly roadside stand comments, you are absolutely right. If the law passes tomorrow, the next step is to contact the health departments - both on the state and county levels to see how they are reading the law and how they intend to enforce it.
The way I read it now, I could bake cookies, package them with proper lables, put up a sign and table and sell them from my side yard. That is if the law passes. But can I skip the table and side yard and just take special orders over the phone?
"Farmers and Flea Market?" Indi, where did you get that title? It reads "Farmer's Market and Roadside Stands."
Sorry for the misquoted title.....I was trying to go by memory and I guess I missed! 
Thanks for the correction! 
If you compare the orginal to the final, there is a WORLD'S of difference, that why I caution to be careful and if/when it passes, to contact your local HD to find out exactly what the rules are.
I'd hate to see someone get in trouble for the "cardtable in my front yard" thing if the bill specifically covers only specific (i.e. "legitimate" or commercial?) farmer's markets and roadside stands.
I can't very well put a roadside stand in my front yard to sell wedding cakes! Egad, this is so blasted goofy! Leave it to the politicians to screw up a good thing! I'm sure the HD's were putting in their 2 cents worth down in Indianapolis to save themselves some work!!
I can't very well put a roadside stand in my front yard to sell wedding cakes! Egad, this is so blasted goofy!
Christeena, you mean you don't want to have bridal consults in the middle of a January snowstorm at card table in the front yard! How unadventurous of you. After all the law makers in Indianapolis must know what they are doing.
Indi's dead on when she says that we must check to see exactly how they are going to enforce the law. The intent of the law seems to be to allow home producers to sell their items themselves, not for resale. But the reality of the law may be something entirely different.
Ok, this is my take on it after seriously muddling through the original and the amendments.
If you look at this link
http://www.in.gov/legislative/ic/code/title16/ar18/ch2.html
at section
IC 16-18-2-137
and look at
http://www.in.gov/legislative/bills/2009/HE/HE1309.1.html
which is the enrolled bill
The only addition is exempting vendors at Farmer's Markets and Roadside Stands from being considered to be a food establishment. The other additions appear to set the scope for what kind of food can be sold.
To me, who is merely a programmer by day, this means that the only change is that baked goods can now be sold at markets/stands without having to be a commercial kitchen.
In my county, I know from BIL's experience that you cannot set up a table and call it a roadside stand. People do it, but it really isnt the right way and they can definitely shut you down.... He paid a fine, but I think that was because he was being a big hot head.
I am definitely disappointed. I seriously dont see the difference between selling at a market and taking special orders. Even though I am not a great decorator, I would like the option to decorate eventually.
The new status of the bill is now "Signed by the President Pro Tempore".
Of course I have no clue what that means. 
Here's a step by step of a bill, written for the national level (I just LUV the site www.ask.com !) http://www.senate.gov/reference/resources/pdf/legprocessflowchart.pdf
On 5/6 the bill was signed by the govenor
Just in case anyone is still watching....
http://www.in.gov/apps/lsa/session/billwatch/billinfo?year=2009&session=1&request=getActions&doctype=HB&docno=1309
Great, it becomes law on July 1st but how is it going to help us home cakers?? Can anyone put the legalities in plain English??
I emailed Blanton weeks ago and no response. I emailed my legislator last week and no response yet. I was going to email my health department and ask them how they were going to enforce it. At least they've always gotten back to me in a timely manner.
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