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Bill in Indiana for home based bakers! - Page 7

post #91 of 150
4/13/09 at 6:59pm
ok so i just went through and looked at it again. I was looking at it all wrong. what i was looking at was ONLY the amendments, and it was clarifying what they meant by "food establishment" in section IC 16-42-5 dealing with exemptions. so home based processors (home bakers) are still in the bill. sorry for the confusion icon_razz.gif. can't wait to see what happens tomorrow!!!
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post #92 of 150
4/13/09 at 7:03pm
Quote:
Originally Posted by christeena

I have my son including this bill in his nightly prayers!!! Indy says that cakers are still in the bill a few posts up the ladder!



Well tell your son thanks for me, it looks like it's working. icon_wink.gif
Why are fools and fanatics always so certain of themselves, but wiser people are full of doubts?
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Why are fools and fanatics always so certain of themselves, but wiser people are full of doubts?
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post #93 of 150
4/13/09 at 7:05pm
Quote:
Originally Posted by jewelsb78

ok so i just went through and looked at it again. I was looking at it all wrong. what i was looking at was ONLY the amendments, and it was clarifying what they meant by "food establishment" in section IC 16-42-5 dealing with exemptions. so home based processors (home bakers) are still in the bill. sorry for the confusion icon_razz.gif. can't wait to see what happens tomorrow!!!



Maybe I am too.

Do you have a link to the official bill with amendments included? All I am seeing is info on selling at farmer's markets and road side stands.
Why are fools and fanatics always so certain of themselves, but wiser people are full of doubts?
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Why are fools and fanatics always so certain of themselves, but wiser people are full of doubts?
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post #94 of 150
4/13/09 at 7:11pm
Thread Starter 
Ok, I just read the engrossed version and there have been a number of changes (it's in bold on the bill).

Did you notice the name of the bill has been changed from Home Processor Bill to Farmers and Flea Market Bill?

It specifically cites farmers and flea markets as the selling place and the phrase "from the processor's home" is not to be found in the engrossed part of the bill.

They have included much more language to ensure that religious or educational organizations are permitted to do pitche in "free of charge" or if the food is sold, it is exempt if the sale of the food benefits the orgz and the orgz is tax exempt under IRS rules.

Section 7 added language addressing "Potentially hazardous food" instead of having language talking about "low-acid" foods.

When I first read the bill, it looked to me like it was addressing farmers and flea market sales and it appears these last changes have clarified the language to make that more clear. As it reads, it looks like you can sell baked goods at one of these two locations if everything is labeled as indicated in Sec 29, part 5A thru 5F. So if you want to get into the farmers/flea market arena, you may be able to do so with this bill.
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post #95 of 150
4/13/09 at 7:19pm
I've been so engrossed in another thread icon_redface.gif I haven't had a chance to check up on this, but I just read the bill and I have to agree with Debi. It appears that they changed the language so that it is very specific to Farmers Markets and Roadside stands.

They have changed a lot of terms and minor stipulations that changed a lot of the basic info.
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post #96 of 150
4/13/09 at 7:20pm
ok heres the bill before they did the most recent amendment
http://www.in.gov/legislative/bills/2009/HB/HB1309.2.html

if you look at the top of the engrossed bill (after the most recent amendments)
http://www.in.gov/legislative/bills/2009/EH/EH1309.1.html
which is just the amendments! it says this
[EFFECTIVE UPON PASSAGE]: Sec. 137. (a) "Food establishment", for purposes of IC 16-42-5 and IC 16-42-5.2 and explains what they meant by "food establishment" so you just insert this into the first bill at IC 16-42-5 and they also added two completely new sections.

i hope that isn't too confusing.
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post #97 of 150
4/13/09 at 7:21pm
ok now i just read debi's post and i'm more confused than before!
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post #98 of 150
4/13/09 at 7:30pm
Thread Starter 
Quote:
Originally Posted by jewelsb78

ok now i just read debi's post and i'm more confused than before!

that's ok, so am I!!

I read "Engrossed Bill" at the top of the page and I thought this meant that what I was reading was the entire bill (see link to "Engrossed Bill" in link somewhere above). I dont' know if this is the bill or just the changes. Because if you read at the very top, it says that changes are indicated by bolding and deletions are indicated by a line drawn thru the word(s).

I haven't mastered reading legal-ease yet. icon_redface.gif
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post #99 of 150
4/13/09 at 7:35pm
Well I just sent an email to the original author of the bill Sandra Blanton asking if she could clarify the new changes and if we've been written out of the bill. I will of course let you know if she responds.
Why are fools and fanatics always so certain of themselves, but wiser people are full of doubts?
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Why are fools and fanatics always so certain of themselves, but wiser people are full of doubts?
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post #100 of 150
4/13/09 at 7:38pm
very smart thinking maryjgirl!! hopefully she'll get back with you sooner rather than later!
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post #101 of 150
4/14/09 at 5:22am
I guess I haven't been keeping up like I should have, but why did they change it to only being able to sell from the farmer's market and road stands? What happened to being able to bake from your home? It doesn't really effect me, because we are moving in August. But I want the rest of Indiana to be able to bake from their home!
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post #102 of 150
4/14/09 at 6:00am
maryjsgirl,
Thanks so much for contacting Sandra Blanton ( I wasn't sure who to contact)...she should know the real details for us...I'm so confused by the wording. Please update us when you have the scoop !
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post #103 of 150
4/14/09 at 6:35am
Thread Starter 
Quote:
Originally Posted by cylstrial

I guess I haven't been keeping up like I should have, but why did they change it to only being able to sell from the farmer's market and road stands?


When I read the original bill, it struck me that it was a bill designed to address farmers/flea market sales. With these revisions, it is my opinion that they have cleaned up the language to make that more clear and less ambiguous.

No idea .... just guessing .....
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post #104 of 150
4/14/09 at 10:25am
A road side stand may include a person's home. I would think a simple sign would be enough to qualify as a road side stand. Many of the road side stands that you see for garden produce in the summer are just a sign and a card table.

As far as health inspections, unless the county itself institutes regulations, it would seem that you would be inspected by the state only if there was some problem with your products.
Quote:
Quote:

(c) An individual vendor who meets the requirements in subsection (b) is subject to food sampling and inspection if:
(1) the state department determines that the individual vendor's food product is:
(A) misbranded under section 12(b) of this chapter; or
(B) adulterated; or
(2) a consumer complaint has been received by the state department.
(d) If the state department has reason to believe that an imminent health hazard exists with respect to an individual 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.
(e) For purposes of this section, 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 an individual vendor and inspect any food products in those places and all pertinent equipment, materials, containers, and labeling.

Also the state health commisssioner is supposed to publish guidelines for home producers.
Quote:
Quote:

The state health commissioner may develop guidelines for an individual vendor who seeks an exemption from regulation as a food establishment as described in subsection (b). The guidelines may include:
(1) standards for best safe food handling practices;
(2) disease control measures; and
(3) standards for potable water sources.

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post #105 of 150
4/14/09 at 10:42am
I'm so glad someone understands all the language. I've read it several times and it hasn't made anymore sense to me than when I first read it. I was really getting worried that we were being written out but by the last post it seems like we still have a chance. Thanks for all the hard work ladies!!!!
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