Minnesota Statewide Rule
Minnesota Cottage Food Producer Registration Law
Key Facts
- Annual sales cap
- $78,000 indexed
- Registration agency
- MN Dept. of Agriculture
- Training threshold
- $5,000 in sales
- Allowed foods
- Non-hazardous only
Summary
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.
28A.152 COTTAGE FOODS EXEMPTION. § Subdivision 1. Licensing provisions applicability. (a) Except as provided in paragraph (d), the licensing provisions of sections 28A.01 to 28A.16 do not apply to the following: (1) a person who prepares and sells food that is not potentially hazardous food, as defined in Minnesota Rules, part 4626.0020 , subpart 62, if the following requirements are met: (i) the prepared food offered for sale under this clause is labeled to accurately reflect the name and the registration number or address of the person preparing and selling the food, the date on which the food was prepared, the ingredients and any possible allergens, and the statement "These products are homemade and not subject to state inspection."; and (ii) the person displays at the point of sale a clearly legible sign or placard stating: "These products are homemade and not subject to state inspection."; and (2) a person who prepares and sells home-processed and home-canned food products if the following requirements are met: (i) the products are pickles, vegetables, or fruits having an equilibrium pH value of 4.6 or lower or a water activity value of .85 or less; (ii) the products are home-processed and home-canned in Minnesota; (iii) the person displays at the point of sale a clearly legible sign or placard stating: "These products are homemade and not subject to state inspection.";
Full Breakdown
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.
Violations & Penalties
Unregistered sales, exceeding the gross sales cap, or selling prohibited foods can result in MDA enforcement, civil penalties, and orders to cease sales.
Frequently Asked Questions
Do I need a license to sell home-baked goods in Minnesota?
Can my city ban cottage food sales?
Sources
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