Local agencies often conduct inspections at venues like farmers’ markets and community events to verify registration and that food is being sold in a manner consistent with Minnesota laws. In addition, if food sold by a cottage food producer is suspected or confirmed to have caused illness or injury, the MDA will conduct an investigation which may include an inspection of the location where the food was produced. Under Minnesota law, the MDA has the authority to enter at reasonable times any establishment where food is manufactured, processed, packed, or held. Inspection and investigation activities would be limited to areas of the location where food is manufactured, processed, packed, or held.
The MDA investigates complaints to ensure people selling cottage food are complying with the law, including all the topics covered in this guidance document: registration, training, sales amounts, sales locations, food types, and labeling and placarding. Actions depend on the severity of the violation and may include inspection, written notice, registration revocation, penalties, or prosecution.
Cottage food can be produced in a home kitchen or in a commercial kitchen as long as you follow local ordinances. Commercial kitchens offer the equipment and spaces usually required for a food license issued by the Minnesota Department of Health, the Minnesota Department of Agriculture, or one of their delegated regulatory agencies.
*NOTE* As is always the case, do not make, sell, or store cottage food in your home if anyone in the household is sick. Follow good food safety practices of proper hand hygiene, preventing bare hand contact with ready-to-eat foods, and regular cleaning and sanitizing of equipment and surfaces.
Other
For more information on these signs, see the Labeling and Displaying a Sign section above.
For more information on these signs, see the Labeling and Displaying a Sign section above.
For more information on these signs, see the Labeling and Displaying a Sign section above.
For more information on these signs, see the Labeling and Displaying a Sign section above.
For more information on these signs, see the Labeling and Displaying a Sign section above.
For more information on these signs, see the Labeling and Displaying a Sign section above.
Yes. The cottage food law does not specifically prohibit a producer from bringing bulk containers of qualified products like baked goods to a market or event and package per customer order using tongs, deli tissue, or disposable gloves. In addition, dispensing food from bulk containers into packages is different from sampling, so producers who dispense food are not required to meet the food product sampling requirements and restrictions specified in Minnesota Statute 28A.151.
However, cottage food producers do need to protect their food from sources of contamination to prevent adulteration according to Minnesota Statute 31.02, Prohibited Acts. Therefore, access to a handwashing station is necessary to prevent contamination from hands while working with unpackaged, ready-to-eat food. Bare hand contact is not allowed, and hand sanitizer is not a substitution for handwashing. A producer can either supply their own handwashing station (like the example below) or work with market managers to provide convenient timely access to a handwashing station as needed. The food also needs to be protected while available for sale, such as in an enclosed display case or other type of covered container.
Labels that meet cottage food law requirements still need to be provided with food items given to customers. Labels can be applied to packages or containers prior to going to market, or provided at the time of dispensing the food by attaching them to packages or containers or handing them to the customer.
Yes. It is acceptable to sell cottage foods out of any type of structure, as long as the cottage food law is still met (selling approved cottage foods from home, a farmers' market, or community event), and as long as no food preparation is taking place within the structure.
No. The Cottage Food Exemption is an exemption from food licensing and applies to food. Edible cannabinoids are explicitly excluded from the definition of food products found in Minn. Stats. §34A.01, subd. 4.
No. The Cottage Food Exemption is an exemption from food licensing and applies to food. Edible cannabinoids are explicitly excluded from the definition of food products found in Minn. Stats. §34A.01, subd. 4.
Neither a cottage food registration or food license are required to make and sell honey or maple syrup products if:
1) The person makes the products from hives or trees that are on land they occupy or cultivate, and
2) No off-land/purchased ingredients are added to the products (i.e., cinnamon).
The honey and maple syrup products would be considered a "product of the farm or garden" under Minnesota Statute and can be sold from the home, direct to consumers, at farmers' markets, shipped, and wholesaled to other businesses. Labeling requirements still apply. Please see Food Labeling Requirements for more information.
A cottage food registration or food license is required when off-land/purchased ingredients are added to the honey or maple syrup product or if the producer is using purchased sap, maple syrup, or honey from another producer. When this happens, the product is no longer considered a "product of the farm or garden" and is no longer excluded from licensing requirements.
