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.
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.
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 selling | Allowed? |
|---|---|
| From your home, including a stand | Yes, if local zoning allows |
| Farmers' markets and community events | Yes |
| Internet orders | Yes, with in-person pickup or delivery in Minnesota |
| Shipping food for people | Not yet |
| Shipping dog and cat treats | Yes |
| Donating to a fundraising community event | Yes |
| Stores, cafes, restaurants or a pop-up in a store | No |
| Wholesale or resale by a business | No |
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.
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.
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 1 | Tier 2 | |
|---|---|---|
| Gross sales per year | $7,665 or less | $7,666 to $78,000 |
| Registration fee | Free | $50 |
| Training | MDA online course and exam, every year | Approved food safety course, every three years |
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.
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.
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.
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 →