Indiana Cottage Food Law: What Bakery Customers Should Know (2026)

When you order a wedding cake or a Thanksgiving pie from a home-based bakery in Indiana, the operation is governed by a specific state law most customers have never heard of. This is the plain-English version of Indiana's Home-Based Vendor law (HBV) — what it allows, what it requires, and how to verify a home bakery is operating legally before you order.

What is the Indiana Home-Based Vendor law?

Indiana Code 16-42-5.3 — the Home-Based Vendor statute — is the law that lets a home cook prepare and sell certain foods directly to consumers in Indiana without a commercial kitchen license. The Indiana State Department of Health (ISDH) publishes guidance interpreting the statute, including what foods are allowed, what labels are required, and how transactions can be made.

What home-based bakeries CAN sell in Indiana

• Baked goods that do not require time/temperature control for safety: pies (most), cookies, breads, brownies, scones, biscotti, granola.
• Custom decorated cakes (vanilla buttercream and similar shelf-stable frostings).
• Jams, jellies, and certain fruit preserves.
• Honey and other shelf-stable products.

What home-based bakeries CANNOT sell in Indiana

Foods that require ongoing refrigeration to be safe — what the Indiana code calls "potentially hazardous" or TCS (time/temperature controlled for safety) foods — are not allowed under HBV. Examples a customer might run into:

• Cream pies (banana cream, coconut cream, true French silk with raw eggs, cream cheese pies that require continuous refrigeration).
• Cheesecake.
• Cakes finished with cream cheese frosting that requires continuous refrigeration.
• Custards and most pastry creams.
• Anything stuffed with meat or dairy that needs to stay cold.

Some bakeries — Birdie's Baking Co. included — work around this for specific items by reformulating to a shelf-stable version, or by making the item only for events where it can be served immediately and refrigerated for any leftovers (and we say so in the order notes).

What's required on the label

Every order from an Indiana HBV bakery must be labeled with:

• The name and address of the home-based vendor.
• A statement that says: "This product is home produced and processed and the production area has not been inspected by the State Department of Health."
• A complete list of ingredients in descending order of predominance by weight.
• A clear allergen statement covering the eight major allergens (wheat, dairy, eggs, peanuts, tree nuts, soy, fish, shellfish) — "Contains: wheat, dairy, eggs" or similar.
• The net weight or quantity.

Where the bakery can sell

Under HBV, sales can happen directly from the producer to the consumer at:

• The producer's home (pickup).
• Farmers markets (with the market's additional rules).
• Roadside stands.
• A consumer's home (delivery — though this is rare for bakeries).
• Online ordering with in-person pickup (this is how Birdie's Baking Co. operates).

What HBV does NOT allow: wholesale to grocery stores or restaurants, sales across state lines, or shipping by mail.

How to verify a home bakery is operating legally

1. Ask whether the bakery operates under Indiana Code 16-42-5.3 (HBV). A legitimate operator will know this answer immediately.
2. Look at the order labels. Every order must include the home-produced disclosure, full ingredient list, allergen statement, and producer address.
3. Confirm the menu fits HBV. If the bakery is selling cheesecakes, true French silk, or other potentially hazardous items at room temperature, that is a red flag.
4. Ask whether the bakery files annual sales reports if applicable. Indiana HBV operators have certain reporting requirements at higher revenue thresholds.
5. For wedding cakes specifically: ask whether the cake will be transported under refrigeration and how the bakery handles food-safety on the wedding day.

How Birdie's Baking Co. complies with HBV

• Every order is labeled with full ingredient list, allergen statement, producer name and address, and the required home-produced disclosure language.
• Our menu is built specifically around HBV-compliant items: shelf-stable buttercream cakes, scratch-baked pies (with the cream-pie reformulations noted in our policies), and cookies.
• For wedding cakes, we provide refrigeration guidance to whoever is picking up — when to take the cake out of the cooler, how to transport tiers, and how long the finished cake can sit at room temperature before it should be cut and served.
• For event catering, we coordinate refrigeration timing with the venue.
• Annual sales records are kept and provided on request.

Authoritative references

• Indiana Code 16-42-5.3 — the Home-Based Vendor statute itself.
• Indiana State Department of Health Home-Based Vendor guidance (search "Indiana home based vendor" on in.gov).
• Whitley County Health Department — for local food-establishment questions specific to Whitley County (where our kitchen is located).
• Indiana Cottage Food Producers Alliance — independent producer-side resources.

Bottom line

A home-based bakery in Indiana is allowed to sell scratch-baked pies, cookies, and decorated cakes directly to consumers under Indiana Code 16-42-5.3, with specific labeling and food-safety requirements. Before you order a wedding cake or holiday pies, you can verify a bakery's compliance by asking about HBV registration, looking at order labels, and confirming the menu fits the law. If you have questions about how Birdie's Baking Co. complies, email hello@birdiesbakingco.com.