Food brokers are individuals who buy and sell foods, and who negotiate between a buyer and seller of food. A food broker at no time has custody of the food being bought or sold. The broker will never take possession of the food, nor store the food at any location under their ownership or control. A food broker simply arranges the transaction between the seller and the buyer.
Furthermore, a food broker will not be involved in the formulation, labeling or any manufacturing aspects of the products they choose to broker. For example, if company A has a product co-manufactured by company B under their (Company A) product formula and/or label, then Company A would not be licensed as a food broker. Regardless of whether Company A takes possession of the food products or not, Company A would be licensed as a Wholesale Food Handler.
Depending on sales activity, food brokers are licensed by both the Retail Food Program (RFP) and the Manufactured Food Program (MFP) within the Food and Feed Safety Division (FFSD) of the Minnesota Department of Agriculture (MDA).
Frequently Asked Questions
You will need to determine your predominant mode of sales. You need to determine which type of sales will make up most of your business. If retail sales (to consumers, online, etc.) will be 50% or more of your total sales, you’ll need a Retail Food Broker license. If wholesale sales (to other businesses) will be 50% or more, you’ll need a Wholesale Food Broker license. If you're unsure, contact the MDA licensing liaison for help.
If your business is based in Minnesota, you’ll need a food broker license from the MDA. However, if your business is outside of Minnesota and you’re selling to Minnesota distributors, you don’t need a Minnesota food broker license.
Contact the MDA to determine your area food inspector. The area inspector may request an in-person inspection. The inspector will provide you with a copy of the MDA Food Broker license application. An electronic form of the license application is NOT available through the MDA website.
Contact the MDA or submit a Food Licensing Liaison Request. The MDA licensing liaison will email you the area inspector’s contact information.
NOTE: Please contact your area inspector at least two weeks prior to your anticipated business start date.
In addition to basic business information such as legal name, doing- business-as (DBA), physical, and mailing addresses, the following four items are required on the license application:
- Minnesota Tax ID number (associated with the business name registered with the Minnesota Secretary of State) OR your Social Security number (if filing as an individual)
- Workers Compensation Insurance policy number and effective dates if applicable (if you plan on having paid or compensated employees)
- Estimated gross annual food sales (January 1 – December 31)
- Check, money order, or cashier’s check for the license fee
The license fee for a food broker is $150.00 per year. If a food business is determined to be operating without a license, then a no-license penalty fee will apply.
As part of our ongoing efforts to improve our services, the MDA is introducing a license and permit surcharge (MINN. STAT. 17.033). This surcharge is an application processing charge that will be added to all licensing and permitting applications and renewals beginning Jan. 1, 2025. The surcharge will be calculated as 5% of the license or permit fee, with a minimum charge of $5.
| Anticipated Gross Annual Food Sales & Services | License Fee | MDA Processing Surcharge | No License Penalty |
|---|---|---|---|
| No monetary limit | $150 | $7.50 | $99 |
Annually. You must renew your license by December 31 each year. The renewal fee is the same $150 plus a $7.50 surcharge annually. If you renew later than December 31, a $50 late fee will be applied. A license renewal form will be mailed to you before December each year. Licenses may be renewed online or by mail.
| Gross Annual Food Sales & Services | Renewal License Fee | MDA Processing Surcharge | Late Penalty |
|---|---|---|---|
| No monetary limit | $150 | $7.5 | $50 |
Review the MDA webpage Starting a New Business. This includes information on topics including:
- Applicable regulations such as Food Safety Modernization Act (FSMA) – Preventive Controls for Human Food
- MINN. STAT. 34A. Food Law; Inspection and Enforcement
- Additional specialized regulations (acidified foods, juice Hazard Analysis and Critical Control Points (HACCP), seafood HACCP, etc.)
- Food business zoning requirements
It is your responsibility to understand the rules and laws in Minnesota to make sure you are handling food safely and protecting public health. Depending on what kind of food you are buying or selling, you might need to hire someone with special training, get more education yourself, or ask an expert for help. For example, you may need extra training if you are importing seafood or if a co-manufacturer is making an acidified food product for you.
