7 min read

Minnesota Cottage Food Law

Minnesota cottage food law lets you sell shelf-stable homemade food and acidic home-canned goods without a food license. You register with the Minnesota Department of Agriculture (MDA) every year, finish the training for your tier, keep gross sales at $78,000 or less, and hand the food to your customers in person. Sales under $7,665 a year register for free.

Minnesota cottage food law: map of the United States with Minnesota highlighted
Sales cap$78,000 a yearCounts the gross receipts of all your cottage food sales in a calendar year.Minn. Stat. 28A.152, subd. 3
RegistrationEvery yearFree in Tier 1 (up to $7,665 in sales). $50 in Tier 2 ($7,666 to $78,000).
TrainingBefore you registerTier 1 takes the free MDA online course and exam yearly. Tier 2 takes an approved food safety course once every three years.
DeliveryIn personYou or an employee hand the food over in Minnesota. Food for people can't be shipped yet.
01

Who the Minnesota cottage food law covers

The law exempts individuals from Minnesota food licensing when they make and sell the foods it allows. You may set up your cottage food business as a business entity recognized by Minnesota law, like an LLC, and register under your business name.

Most people cook at home, but a commercial kitchen is also an accepted place to make and store cottage food, as long as local rules allow it. Even non-residents can register: they make the food in their own state and hand it over in person in Minnesota. Home-canned goods like pickles are the exception: those must be made and sold in Minnesota.

02

Which foods are allowed

Two groups of food qualify. The first is non-potentially hazardous food: food with a pH of 4.6 or below or a water activity of 0.85 or less, so bacteria can't grow quickly at room temperature. Think cookies, breads, bars, candy and many jams. The second is home-processed and home-canned pickles, vegetables or fruits with a pH of 4.6 or lower.

Baked or dehydrated treats for dogs and cats are allowed too. Dairy can go into baked goods, like butter and milk in a cake, as long as the finished food meets the water activity limit.

The MDA lists these as not allowed:

  • Cheese, yogurt, butter and ghee
  • Meat, pickled eggs, jerky and other dried meat or fish
  • Charcuterie boards with meat or cheese
  • Cream cheese and flavored butters sold with your baked goods
  • Tamales and egg rolls
  • Chocolate-covered fruit, like strawberries or pineapple
  • Edibles with THC or CBD

Not sure about your recipe? Check the non-potentially hazardous foods list the MDA links to, use a lab-tested recipe, or have a lab test the pH and water activity.

03

Where and how you can sell

You sell from three kinds of places: your home (if local zoning allows it), a farmers' market, or a community event. You or your employee must be there for the sale or delivery.

Way of sellingAllowed?
From your home, including a standYes, if local zoning allows
Farmers' markets and community eventsYes
Internet ordersYes, with in-person pickup or delivery in Minnesota
Shipping food for peopleNot yet
Shipping dog and cat treatsYes
Donating to a fundraising community eventYes
Stores, cafes, restaurants or a pop-up in a storeNo
Wholesale or resale by a businessNo

A food trailer or truck works as a sales booth, as long as you sell at an allowed place and don't prepare food in it. A CSA-style subscription is fine too, with pickup at your home or delivery to the customer's home.

Minn. Stat. 28A.152, subd. 1(a)(1)(ii)the individual displays at the point of sale a clearly legible sign or placard stating: "These products are homemade and not subject to state inspection."

Selling online? Subdivision 2 requires the same statement on the website that offers your food. Samples are welcome at farmers' markets and community events: free portions of up to 3 ounces, with a sign at the sampling station that lists the ingredients and major allergens.

04

Registration, tiers and fee

Everyone who sells under the cottage food law registers with the MDA before the first sale, however small. Only people who aren't regularly selling, for example at a one-time bake sale for a charity or church, can skip it.

Tier 1Tier 2
Gross sales per year$7,665 or less$7,666 to $78,000
Registration feeFree$50
TrainingMDA online course and exam, every yearApproved food safety course, every three years
0 of 5 checkedSaved on this device

Once your name shows up in the MDA license lookup, you may start selling, even before the card arrives. The card says "This is not a license. Products cannot be resold." Carry it when you sell: an inspector or market manager can ask to see it.

05

Training rules

Training comes before registration. In Tier 1 you take the free MDA online course and exam every year. In Tier 2 you take a safe food handling course approved by the commissioner, offered through the University of Minnesota Extension online or in person, and repeat it every three years. Moving up from Tier 1 to Tier 2 means taking the Tier 2 course.

A certified food manager certificate doesn't count. The training has to cover home kitchens and the cottage food law itself.

06

A law change is already on the books

Minnesota passed House File 2446, which reworks the cottage food program once it takes effect. The MDA lists these key changes:

  • One registration tier for everyone, no more Tier 1 and Tier 2
  • A yearly fee of $30 for all registrants
  • Shipping of cottage food allowed within Minnesota
  • Advanced training for all registrants

Until then, the current tiers, fees and in-person delivery rule apply. The MDA posts the start date on its cottage food pages.

07

When you outgrow the Minnesota cottage food law

Selling over $78,000, wholesaling to stores, shipping, or making foods like cheese or tamales all take a Minnesota food license, with an approved kitchen. Packaged food in stores then needs the full federal label, usually including Nutrition Facts.

FDA Food Labeling Requirements →
The label

What your Minnesota cottage food label must say

Every item you hand over carries a label, also when you package food from a bulk container at the market. A QR code can add information but can't replace any of it.

  1. 1
    Your name or business name
    Your full name, or the business name on your registration.
  2. 2
    Registration number or address
    Your MDA cottage food registration number or the address you registered with.
  3. 3
    Date made
    The day you made the food, or for home-canned goods, the day you processed and canned them.
  4. 4
    Ingredients and allergens
    Every ingredient, with the major allergens named, like "flour (wheat)" or a "Contains wheat, milk" line.
  5. 5
    The homemade statement
    Word for word, on the label and on your sign or website.
  6. Required statement, word for wordCopy exactlyThese products are homemade and not subject to state inspection.
Questions

Minnesota Cottage Food Law: questions

Not a food license, if you stick to cottage foods. You do need the yearly MDA cottage food registration, which is free if you sell $7,665 or less a year.

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