How to Start a Retail Food Business

In Indiana, food operations are divided between retail and wholesale operations. Retail operations include businesses selling food products directly to the end consumer. Wholesale food operations are those that manufacture and/or distribute to another entity for resale or further distribution.

• Introduction

• Where to Start

• Not for Profit Organizations

• Prerequisite for Operation and Submission of Plans

• A Short Checklist

Introduction

Starting a retail food business requires careful planning, knowledge of food safety, and skillful management, in addition to knowledge of Indiana Food laws and applicable federal regulations. The Indiana Administrative Code (IAC) under 410 IAC 7-26-105 defines a “retail food establishment” such as: A) a restaurant

(B) a catering operation, if the operation provides food directly to a consumer

(C) a conveyance used to transport people

(D) a market, including, but not limited to

(i) a grocery store

(ii) a convenience store

(iii) a micro market

(iv) a vending location

(E) a mobile retail food establishment

(F) an institution and its satellite or catered feeding location, such as:

(i) hospice services under IC 16-25-3

(ii) a health care facility as defined in IC 16-18-2-161

(iii) a health facility as defined in IC 16-18-2-167

(iv) a child care facility operated under IC 12-13-5 and 470 IAC 3

(v) a housing with services facility operating under IC 12-10-15

(vi) a correctional facility

(vii) an educational facility

(G) a food bank

(H) a temporary event

Not for Profit Organizations

Indiana State Food Law (Indiana Code (IC) 16-18-2-137 exempts organizations that are tax exempt under IC 6-2.5-5-21(b)(1)(B),(C), and (D) from the definition of a "retail food establishment." Indiana food law allows you to sell food to the end consumer at an event for not more than 15 days in a calendar year without registering with the state or county health department, provided the food is made and labeled by the organizations members and is not an "extensive menu."  Please review Non-Profit Exemption-Understanding Senate Enrolled Act (SEA) 190 Guidance to ensure that the organization meets the requirements specified in the law. If you have any questions, please call the department at (317) 234-8569.

Prerequisites for Operation and Submission of Plans

IAC 410-7-26, Section 480, requires that plans for operation be submitted to the regulatory authority. The regulatory authority is either the local or county health department or the Indiana Department of Health.

State Plan Review forms are available on our website under “Forms.”

Completed plans should include:

• Intended menu to be served

• Anticipated volume of the food to be stored, prepared, and sold or served

• Proposed layout, mechanical schematics, construction materials, and finish schedule

• Proposed equipment types, manufacturers, model numbers, locations, dimensions, performance capacities, and installation specifications

• Other information as required by the regulatory authority for the review of the proposed construction, conversion or modifications and procedures for operating a retail food establishment.

IAC 410-7-26, Section 477 states that the retail food establishment shall notify the regulatory authority with intent to operate at least thirty (30) days prior to registering under the rule.