Overview
Indiana regulates vending machines through the INBiz portal for business registration and tax permits, requiring a Registered Retail Merchant Certificate (RRMC) for 7% sales tax collection. Food vending operations must comply with emerging retail food establishment regulations based on the 2022 FDA Model Code. Tobacco sales are restricted to age 21+ with strict vending machine location requirements.
Indiana uses INBiz as the central registration portal for both business entities and tax permits. New retail food establishment regulations (410 IAC 7-26) based on the 2022 FDA Model Code are expected by late 2024/early 2025. Local health departments and Secretary of State filings may be required.
Business Registration
Business registration is required for vending operators in Indiana.
Registration Agency
INBiz Portal / Indiana Secretary of State →
Registration Types
- LLC Formation (varies)
- Corporation Formation (varies)
- Partnership Registration (varies)
- Foreign Entity Registration (varies)
- Sole Proprietorship (no Secretary of State filing required)
Register through INBiz, Indiana's one-stop portal for business registration and management. Formal business entities require filing with the Secretary of State Corporations Division. Consultation with an attorney is strongly suggested before forming formal business entities. Out-of-state corporations need Certificate of Authority from Secretary of State.
Sales Tax
Tax Application
- General sales tax applies to vending: Yes
- Food tax variation: Same as general
- Local rates possible: Yes
- Resale certificate required: Yes
- Filing frequency: varies based on volume and business activity
Vending machine businesses must register to collect 7% Indiana sales tax and obtain a Registered Retail Merchant Certificate (RRMC). Registration required for each location. Remote seller rules may apply for multi-location operations. Must register before making any sales or purchases.
Registration
Forms: BT-1 Business Tax Registration, RRMC Application (Registered Retail Merchant Certificate)
Vending Operator License
Vending operator license is not required in Indiana.
Machine Registration
Machine registration is not required in Indiana.
Health Permit & Food Code
Health permits are required for:
- Retail food establishments
- Food vending operations serving potentially hazardous foods
- Operations determined by local regulatory authority
Agency: Local/County Health Departments or Indiana Department of Health
Food Code: 410 IAC 7-26 (2022 FDA Model Code) - expected late 2024/early 2025
Inspections: Varies by local health department
Micro Markets
Micro markets are not specifically recognized in state code.
Permit required: Yes
Specific Requirements
- Must comply with retail food establishment requirements
- Local health department permit required
- Subject to emerging 410 IAC 7-26 regulations
- Plans must be submitted to regulatory authority
- May require food handler certification
Product Restrictions
Restricted Products
- Alcohol: Effectively prohibited due to age verification requirements, trained staff supervision requirements, and Indiana Alcohol and Tobacco Commission regulations. Licensed retailers must verify age and supervise sales, making unattended vending impractical. Contact Indiana ATC for specific restrictions.
- Tobacco: Age 21+ requirement (Tobacco 21 Law effective July 1, 2020). Vending machines must have conspicuous notice: "If you are under 21 years of age, YOU ARE FORBIDDEN by Indiana law to buy tobacco from this machine." Federal restrictions prohibit vending machines where individuals under 21 are present. Class B infraction for violations. 1,000-foot restriction from schools for tobacco businesses.
- CBD/Hemp: Hemp-derived CBD products are legal in Indiana if they comply with federal regulations (less than 0.3% THC). No specific vending machine restrictions found, but products must meet food safety requirements if consumed as food products. Indiana has industrial hemp program regulations.
- Age Verification: Photo ID verification required for anyone under 30 purchasing tobacco products. Age 21+ requirement for all tobacco products. Retail establishments must post signs with specific language about age restrictions. Federal and state enforcement with Class B infraction penalties.
Placement Rules
Schools
Federal Smart Snacks nutrition standards apply to all competitive foods sold during the school day, including vending machines. Indiana Department of Education maintains Smart Snacks compliance requirements. Fundraiser exemption rules may apply under specific conditions for school fundraising activities.
Public Buildings
Must comply with public contracting and procurement requirements. State and local government facilities may require vendor registration, competitive bidding processes, or specific approval procedures for vending machine placement contracts. Building permit requirements may apply.
Private Property
Property owner permission required. Subject to local zoning ordinances, business licensing requirements, and municipal regulations. Commercial zoning typically required for vending operations. Building and electrical permits may be required for installation.
ADA & Accessibility
Must comply with federal ADA requirements. At least one vending machine of each type must be accessible with proper reach ranges, operating force limitations, and clear floor space. Accessible routes must be maintained and not blocked by vending machines or other equipment.
Electrical & Fire Code
Must comply with local building codes, fire safety regulations, and electrical requirements. Commercial electrical connections required. Local permits typically required for installation and electrical work. Fire department approvals may be required in some jurisdictions.
Local Permits
Indiana has home rule, meaning local jurisdictions can impose additional requirements.
Typical Local Requirements
- City business license or vendor permit
- Local health department food establishment permit
- Zoning compliance verification
- Building permits for electrical installation
- Fire department approvals (if required)
Example Localities
Indianapolis
Business licenses required through Indy.gov portal. Vendor cart licenses available for mobile operations. Food establishment permits required from Marion County Health Department for food vending. Additional requirements may apply depending on location and operation type.
Fort Wayne
Local business licensing may be required. Contact Allen County Health Department for food establishment permit requirements. Zoning compliance verification needed for commercial vending operations. Building permits may be required for electrical connections.
Penalties & Enforcement
Common Violations
- Operating without required RRMC registration
- Failure to collect/remit proper sales taxes
- Tobacco vending violations (sales to minors under 21)
- Food safety violations (expired products, improper storage)
- Operating without local health department permits
- ADA accessibility compliance failures
Penalties
- Tobacco violations: Class B infraction for selling to minors under 21
- Sales tax penalties for operating without proper registration
- Food safety violations may result in permit suspension/revocation
- Local ordinance violations subject to municipal fines and penalties
- Federal ADA violations subject to enforcement actions
Key Contacts
Indiana Department of Revenue
Phone: (317) 233-4015
INBiz (Business Registration Portal)
Phone: (317) 233-6410
Indiana Department of Health - Food Protection
Phone: (317) 234-8569
Indiana Alcohol and Tobacco Commission
Phone: (317) 232-2430
Frequently Asked Questions
How do I register my vending machine business in Indiana?
Register through INBiz, Indiana's one-stop portal for business registration and tax permits. You'll need to obtain a Registered Retail Merchant Certificate (RRMC) to collect the 7% sales tax. If you're forming a formal business entity, you'll also need to file with the Secretary of State. Registration must be completed before making any sales or purchases.
What is an RRMC and do I need one for vending machines?
An RRMC (Registered Retail Merchant Certificate) is required for all businesses selling goods or tangible personal property in Indiana, including vending machine operators. This certificate allows you to legally collect the 7% Indiana sales tax. You can obtain an RRMC through the INBiz portal, and you must register for each location where you operate vending machines.
Do I need a health permit for food vending machines in Indiana?
Yes, food vending operations must comply with retail food establishment requirements and contact the Division of Retail Foods for state requirements. Local health departments regulate food establishments, and new regulations based on the 2022 FDA Model Code are expected by late 2024/early 2025. Plans for operation must be submitted to the regulatory authority before operating.
Can I sell tobacco products through vending machines in Indiana?
Tobacco sales are heavily restricted. Indiana's Tobacco 21 law prohibits sales to anyone under 21. Vending machines must display a conspicuous notice with specific language about age restrictions. Federal regulations prohibit tobacco vending machines where individuals under 21 are present or permitted to enter. Violations are Class B infractions with significant penalties.
What are the Smart Snacks requirements for school vending in Indiana?
Indiana requires compliance with federal Smart Snacks nutrition standards for all competitive foods sold in schools during the school day, including vending machines. The Indiana Department of Education maintains these requirements, and schools must ensure vending machines meet nutrition standards for calories, fat, sugar, and sodium content. A fundraiser exemption rule may apply under specific conditions.
Does Indianapolis have additional requirements for vending machines?
Yes, Indianapolis requires business licenses through the Indy.gov portal. Food vending machines need permits from the Marion County Health Department. Vendor cart licenses are available for mobile operations. Additional requirements may apply depending on your specific location and type of operation within the city.
What new food safety regulations are coming to Indiana?
The Indiana Department of Health is finalizing new retail food establishment regulations (410 IAC 7-26) based on the 2022 FDA Model Code, expected by late 2024/early 2025. These will replace the current 410 IAC 7-24 regulations and provide updated food safety requirements for all retail food establishments, including vending machines that dispense food.
Are there restrictions on tobacco businesses near schools in Indiana?
Yes, Indiana law prohibits tobacco businesses from operating within 1,000 feet of elementary or secondary schools, measured from the nearest points of the premises and school building. Additionally, it's unlawful for anyone under 21 to enter a tobacco business, and businesses must post notices about this prohibition at entrances.
Sources
- Indiana Department of Revenue - Sales Tax
- INBiz Business Registration Portal
- Indiana Department of Health - How to Start a Retail Food Business
- Indiana Department of Health - Tobacco 21
- Indiana Alcohol and Tobacco Commission - Tobacco Information
- Indiana Department of Education - Smart Snacks in Schools
- City of Indianapolis - Business Licenses
- Fishers Health Department - Retail Food Establishments