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:

Terms Used In Indiana Code 16-42-5.3-8

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
(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.