requirements of this title that apply to food establishments if the individual vendor's food product:
(1) is made by an individual in the individual's primary residence;
(2) is not a potentially hazardous food product;
(3) is prepared by an individual who practices proper sanitary procedures, including:
(A) proper hand washing;
(B) sanitation of the container or other packaging in which the food product is contained; and
(C) safe storage of the food product;
(4) is not resold; and
(5) includes a label that contains the following information:
(A) The name and address of the producer of the food product.
(B) The common or usual name of the food product.
(C) The ingredients of the food product, in descending order by predominance by weight.
(D) The net weight and volume of the food product by standard measure or numerical count.
(E) The date on which the food product was processed.
(F) The following statement in at least 10 point type: "This product is home produced and processed and the production area has not been inspected by the state department of health.".
(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.
(f) 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.
As added by P.L.86-2009, SEC.3.