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A commercial kitchen is not required to manufacture pet food in Minnesota. Pet food can be manufactured within the home if the food is manufactured in such a way that it remains safe. 

If you manufacture, distribute, or your name appears on the label of a pet treat as the guarantor of the product, you need to have a Minnesota Commercial Feed License or operate within the Cottage Food Exemption.

Pet treats may be made and sold under the cottage food exemption program, the commercial feed program, or both programs, when the product meets the requirements of each respective program.  Products that are sold under the cottage food law can also be labeled to meet the criteria for products sold under a commercial feed license.  However, most products sold under a commercial feed license will not meet the basic requirements to be sold under the cottage food exemption.  If you are planning to transition from operating under a cottage food exemption to operating under a commercial feed license or alternatively, the other way around, you will need to make sure you remain fully compliant with the requirements of each program during the period of transition.

Certain pet products such as bones, hides, and chews are exempt from license requirements, and therefore registration or tonnage requirements, when the product type and label meet the criteria detailed in the Exempt Product Policy. Pet treats that supply calories do not qualify.   

Unless the product is made and sold as cottage food, all pet food products distributed exclusively in packages of ten pounds or less must be registered. Identical products offered in multiple package sizes are considered a single product for registration purposes. Tonnage fees must be paid for pet food products that are not subject to product registration.

For the purposes of registration, products offered in multiple package sizes with similar packaging differing by net content, but with identical products (same formula, shape, size, color, and flavor), may be considered a single product. 

If a product is offered on a website, it is being offered into distribution in Minnesota, thereby requiring a license, along with registration or tonnage fee reporting. There are no additional requirements to sell your pet treats directly to consumers (in-person, online, through the mail, etc.) or to stores that will then resell them. However, if you choose to distribute your product in other states, you must determine each individual state’s requirements, as each state has its own set of feed regulations. Products registered as cottage food may be sold online, but they must either be picked up in person by the customer or personally delivered by the cottage food producer.

The State of Minnesota has the authority to inspect any facility operating within the state that qualifies for a feed license. A firm cannot opt-out of inspections. 

We recommend doing a search for testing labs that routinely analyze pet foods. Minimally, you should request crude protein, crude fat, crude fiber, ash, and moisture.  Ask the lab to determine the calorie content with a calculation specific to pets. Contact the lab you have chosen for directions on preparing and shipping your sample.

Use of the term, “organic” is allowed on pet food labels if the program and labeling requirements of the United States Department of Agriculture’s National Organic Program are met. These requirements can be found on the USDA National Organic Program website.  

You may label your product as human-grade if it meets the Association of American Feed Control Officials (AAFCO) Guidelines for “Human Grade” Claims. You may be asked to provide documentation to support your claim, as outlined in the guideline. This guideline can be found in AAFCO’s Official Publication which can be purchased on the AAFCO website under the “Publications” section. Copies of the AAFCO Official Publication are also available for public viewing at the Minnesota State Law Library located inside the Minnesota Judicial Center (25 Rev Dr. Martin Luther King Jr Blvd, St Paul, MN 55155).

"Drug" is defined in the Minnesota Commercial Feed Law, 25.33, Subd. 8, as (1) any article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in animals other than humans; and (2) articles other than feed intended to affect the structure or any function of the animal body.

Drug claims, explicit or implied, are not allowed on pet food labels or labeling.

No. CBD, hemp, or any ingredients derived from hemp are not approved for use in animal feed, including pet food or treats, at this time. These ingredients have not yet successfully passed the safety and efficacy evaluations established by one of the recognized new animal feed ingredient approval processes.

You will need to ensure that the ingredients used are safe for the intended species.  We recommend starting with the AAFCO website. Not just any ingredient can be used. Special consideration should be taken with ‘new’ or ‘novel’ ingredients, such as those that are sometimes used in dietary supplements for humans as these ingredients are not always safe for animals. There are methods available to have a new ingredient approved, but you must go through one of the channels available through AAFCO and/or the FDA.  The cottage food program has different ingredient requirements for pet food which should be carefully reviewed.   

Yes. The Minnesota Commercial Feed Law defines labeling as “all labels and other written, printed or graphic matter upon a commercial feed or any of its containers or wrapper or accompanying or supporting such commercial feed”. Therefore, labeling includes websites, and their content is subject to the Minnesota Commercial Feed Law, Animal Feed Rules, and Pet Food Rules.