Starting a Retail Food Business

To open or remodel a retail food service business in Clark County requires elements of planning, knowledge of Federal, State, and local food codes, and a basic understanding of food safety.  The Indiana Food Code defines a retail food establishment that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption, examples include restaurants, satellite or catered feeding locations, markets, grocery stores, etc.

All of these types and additional establishments located in Clark County are required to register with the Clark County Health Department. 

Food Handler/Food Protection Manager Certification

Food Handler Certification Examination and Training Program Providers

During the 2020 legislative session, House Enrolled Act 1210 (HEA 1210) was passed, making changes to the law on which the Certification of Food Handler Requirements rule, 410 IAC 7-22, was based.

Indiana Code 16-42-5.2 was amended in the Indiana State Department of Health’s (ISDH) agency bill (HEA 1210) to be consistent with terminology used nationally by the food industry and to eliminate confusion over similarly named, differing levels of food handler training. The parts of the bill relative to “Certified Food Handlers” (CFH), now called “Certified Food Protection Managers” (CFPM), have been excerpted and is attached as Attachment A. Click here to view the full text of HEA 1210.

Click here for a list of training and testing facilities available from the Indiana State Department of Health.  This list or any company on this list is not an endorsement of the Clark County Health Department. 

Retail food Establishments

A Certified Food Protection Manager (Certificate valid for 5 years) is needed for Retail Food Establishments who do not fall under the following exemptions:

A Certified Food Protection Manager is not needed when the food establishment's food handling activities do not include the cooking of raw food of animal origin or are limited to one (1) or more of the following: (1) Heating or serving precooked foods. (2) Preparing or serving a continental breakfast such as rolls, coffee, juice, milk, and cold cereal. (3) Preparing or serving beverages or ice. (4) Preparing or serving packaged or unpackaged low hazard foods, including elephant ears, funnel cakes, cotton candy, confectioneries, baked goods, popcorn, chips and grinding coffee beans. (5) Providing prepackaged food in its original package.

Organizations which were exempt from having a Certified Food Handler continue to be exempt from having a Certified Food Protection Manager, although they may employ one or more Certified Food Protection Managers if they desire to do so.

Home Based Vendor

If you sell food to an end consumer in the state of Indiana, you are either established as a Retail Food Establishment or a Home-Based Vendor. Most individuals who sell goods at farmer’s markets or roadside stands are operating under home-based vendors laws. Indiana passed a 2022 law (HB 1149) which includes changes that will impact all persons operating as a home-based vendor. This article will help you understand who qualifies as a home-based vendor, which foods home-based vendors are allowed to sell and what has changed in the new law.

All home-based vendors are required to obtain a Food Handler Certificate from a certificate issuer that is accredited by the ANSI. Upon request, the home-based vendor must provide a copy of the certificate to the state department or end consumer. This certification is valid for three years. A home based vendor shall provide a copy of the food handler certificate required by subsection (a) to the local health department in the county where the home based vendor's residence is located.

Who is a home-based vendor?

Pursuant to code: IC 16-42-5.3, “A home based vendor shall prepare and sell only a food product that is:

• made, grown, or raised by an individual at the individual's primary residence, including any permanent structure that is on the same property as the residence;
• not a potentially hazardous food product;
• prepared using proper sanitary procedures;
• not resold; (e.g. you must sell to the end user not someone who intends to resell; if you did this you must be licensed as a wholesaler).

More information on Home Based Vendors

• Food Protection Guidance Documents
• Food Protection Home Based Vendors FAQ 

Protocol for Opening a New Food Establishment

Retail food establishments are required to submit a plan review (detailed drawing or schematic) to the Clark County Health Department regardless of whether building a new facility or remodeling an existing structure.  There are state and local regulations that may affect the facility design and/or construction.  To verify compliance with these regulations apply your facility designs to  410 IAC 7-24 and the Clark County Sanitary Code.

Once you have reviewed these documents, follow the bullets below to guide your submittal.

• Confirm your state approval or apply for approval by contacting the Indiana Department of Homeland Security.

• Submit state approved plans to the Clark County Health Department for plan review at least 6 weeks prior to opening.

• Submit your plans, spec sheets, equipment cut sheets, Application for Plan Review, Plan Review Packet, and Food Service Permit Application with applicable fees listed on the application. These fees must be paid at the time of plan submittal.

• Your plans will be submitted to an Environmental Health Specialist for review. After which, a letter approving plans or requesting revisions will be sent to the owner and/or architect.

• After plans are approved you must pay for your Food Establishment Permit. The fee amount depends on the menu type as as defined on the application and fee schedule.

• After all approvals and permits have been granted, please contact your designated Environmentalist to schedule a pre-opening inspection. This inspection will help you prepare your establishment for the scheduled opening and greatly reduce potential critical issues.  This inspection shall be conducted at least 1 week prior to opening. 

• The final step is the opening inspection. This inspection should be conducted on your opening day or during the preparation for a V.I.P. or staff celebration prior to opening of the facility to the public.  Food handling techniques will be assessed, food temperatures will be taken, and any final questions you may have will be addressed. If no critical violations are found, you will be issued a Food Service Permit. This permit must be displayed in public view. In addition, your facility may be required to obtain a "certified food manager", to determine if this will be required of your facility.
  

• After opening, you should regularly consult your Health Inspector for any questions that may arise. The Clark County Health Department will make efforts to inspect the facility based on risk assessments. Additional inspections may be necessary if complaints are filed with the Health Department.

• A copy of the 410 IAC 7-24 is required to be maintained or located in the food service establishment, this document maybe kept electronically, downloaded from the Indiana State Department of Health or purchased as a bound book at Budget Print Center in Jeffersonville, IN for a nominal fee. 

Retail Food Service Permits

Click here to download a Retail Food Establishment and Mobile Food Permit Application

Click here to download a Temporary Food Service Establishment

Most food services in Clark County are required to have a Food Service Permit.  If you intend to operate a food service establishment then you must apply for a permit through the Clark County Health Department. For a guide to opening a permanent (fixed site, farmers market, catering, or mobile) food service establishment  click on Protocol for Opening a New Food Establishment. 

Temporary Food Service Permits

A temporary food service would consist of a food establishment that will operate no more than 30 days in a calendar year in a non-fixed facility, such as those found at fairs, festivals, and other short term events like customer appreciation days and grand openings.  The conditions for food preparation at these venues are less than ideal, but there are safe food practices that help create a safe event for both vendors and the general public.  

Application for Temporary Food Service Establishment

Establishments Exempt From Permitting

Some food services are exempt from permitting and regulation.  The rules and guidance links listed below may help determine if the food service you propose is exempt from permitting and inspection.  However, some of these exemptions still require notifying the Clark County Health Department of the food service and may require submitting basic information for complaint and foodbourne illness investigations.  Therefore, this office highly encourages contacting our office and speaking with an environmentalist to ensure that your facility is exempt and to register with our office. 

The Health Department will be unable to perform inspections for exempt establishments even if you request an inspection, however, we can provide general advice and counseling about proper sanitary and food safety concerns you may have regarding your food product. 

• Senate Enrollment Act 190
• IC 16-18-2-137
• Home Based Vendors

Additional Information

Commercial On-Site Sewage Disposal System Procedures
Food Handler Certification and Training Program Providers
Food Security Preventative Measures Guidance
General Guidelines for Temporary Food Service Brochure
General Guidelines for Temporary Food Service Establishments
Operator Response to Inspection
Sample Employee Health Policy
State Variance Request Form