Minnesota cottage food law

The rules at a glance

Cottage Food Exemption

• Unattended honesty stand?

  Sometimes

  Allowed at home if local zoning allows. Protect the food and payment.

  Source

  • Cottage foods can be sold from a stand at your home property if your local zoning authority allows it (some do not allow it in a residential area)Minnesota Department of Agriculture: Cottage Food Law Guidance
  • If the stand will be unattended, it is advised to consider the potential risks and how you might prevent those from happening to ensure you are selling a safe, unadulterated food to the publicMinnesota Department of Agriculture: Cottage Food Law Guidance

• Sign up with the state?

  Yes

  Register with the MDA each year; the fee depends on your sales.

  Source

  • All individuals who want to make and sell foods described in the Cottage Food Law need to register with the Minnesota Department of Agriculture (MDA) before selling foodMinnesota Department of Agriculture: Cottage Food Law Guidance
  • Cottage food producers must do the following: Register with the Minnesota Department of Agriculture (MDA) each year before selling food under the cottage food exemption, regardless of the amount of food soldMinnesota Department of Agriculture: Cottage Food Producer Registration

• Food safety class?

  Yes

  Training and an exam first. Repeat each year or every three years.

  Source

  • you must complete training and pass an exam prior to registering and selling cottage foodMinnesota Department of Agriculture: Cottage Food Law Guidance
  • Tier 1 : For gross annual sales of $7,665 or less, complete an online training and exam each year before registering or renewingMinnesota Department of Agriculture: Cottage Food Producer Registration
  • Tier 2 : For gross annual sales of $7,666 - $78,000, take an approved food safety course once every three years while actively selling cottage foodMinnesota Department of Agriculture: Cottage Food Producer Registration

• Kitchen inspection?

  Sometimes

  MDA may check at markets and investigate complaints.

  Source

  • Inspectors may be present at venues like farmers' markets and community events to verify registration and that food is being sold in a manner consistent with Minnesota lawsMinnesota Department of Agriculture: Cottage Food Law Guidance
  • if food sold by a cottage food producer is suspected or confirmed to have caused illness or injury, the MDA will conduct an investigation which may include an inspection of the location where the food was producedMinnesota Department of Agriculture: Cottage Food Law Guidance

• Yearly sales limit

  $78,000 a year

  Gross annual receipts, not just profits.

  Source

  • You are limited to $78,000 dollars in food sales annuallyMinnesota Department of Agriculture: Cottage Food Law Guidance
  • Sell $78,000 or less in a calendar yearMinnesota Department of Agriculture: Cottage Food Producer Registration

• Foods that need a fridge?

  No

  Only shelf-stable foods and home-canned acidic foods.

  Source

  • You can only sell non-potentially hazardous foods and home-processed and home-canned pickles, vegetables, or fruit with a pH of 4.6 or belowMinnesota Department of Agriculture: Cottage Food Law Guidance

• Take orders online?

  Yes

  Advertise and take orders online, but hand the food over in person.

  Source

  • Cottage food producers can advertise and receive orders over the internet; however, the food must still be provided to the customer in personMinnesota Department of Agriculture: Cottage Food Law Guidance

• Ship or mail orders?

  No

  Human cottage foods cannot be mailed. Pet treats can be shipped.

  Source

  • This means cottage food intended for humans cannot be shipped or delivered through the mail or a third-party shipping serviceMinnesota Department of Agriculture: Cottage Food Law Guidance
  • Cottage foods intended for humans are not allowed to be shipped in the mail or by commercial deliveryMinnesota Department of Agriculture: Cottage Food Law Guidance

• Sell through shops?

  No

  No retail stores or resale. Wholesaling needs a food license.

  Source

  • cottage foods cannot be sold from a retail location or store, even if you are present or have set up a separate tableMinnesota Department of Agriculture: Cottage Food Law Guidance
  • Manufacturing food to sell to other businesses for resale (wholesaling) requires a food licenseMinnesota Department of Agriculture: Cottage Food Law Guidance

What goes on the label