Minnesota Statutes section 28A.152 establishes the statewide cottage food exemption, allowing home producers to sell certain non-potentially-hazardous foods directly to consumers after registering with the Department of Agriculture, preempting inconsistent local food rules.
Under Minn. Stat. 28A.152, individuals may sell home-prepared, non-potentially-hazardous foods (baked goods, jams, dry mixes, certain pickles) and home-canned high-acid foods directly to consumers without a commercial kitchen license. Producers must register annually, complete approved food safety training when sales exceed $5,000, and label products with a disclosure that the food is made in a home kitchen not subject to state inspection. Annual gross sales are capped at $78,000 (indexed). Sales must be direct (in-person, farmers' markets, online with in-state delivery). Cities and counties cannot prohibit registered cottage food operations but may enforce zoning and traffic standards.
Unregistered sales, exceeding the gross sales cap, or selling prohibited foods can result in MDA enforcement, civil penalties, and orders to cease sales.
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