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Search

Products of the farm or garden are food products that you grow or raise on land that you “occupy and cultivate.” This could include items like fruits, vegetables, honey, maple syrup, meat, eggs, and poultry.

Under the Constitution of the State of Minnesota, Article 13, Section 7, a person may sell or peddle the products of the farm or garden occupied and cultivated by them without obtaining a license. You also do not need a Cottage Food Producer registration.

A Cottage Food Producer registration is needed if you want to make and sell certain foods from your home that are not considered products of the farm or garden, such as adding ingredients to your tomatoes to make a pasta sauce. Please refer to questions above for what foods are allowed under a Cottage Food Producer registration.

More detail can be found in MDA's Product of the Farm vs. Cottage Food fact sheet.

Please note that products of the farm or garden still must be handled in accordance with applicable state and federal laws, even though a license is not needed to sell them. Contact the Food and Feed Safety Licensing Liaison for more information, or visit MDA's Produce Safety Program website.

What is the difference between "product of the farm or garden" and cottage foods?

Products of the farm or garden are food products that you grow or raise on land that you “occupy and cultivate.” This could include items like fruits, vegetables, honey, maple syrup, meat, eggs, and poultry.

Under the Constitution of the State of Minnesota, Article 13, Section 7, a person may sell or peddle the products of the farm or garden occupied and cultivated by them without obtaining a license. You also do not need a Cottage Food Producer registration.

A Cottage Food Producer registration is needed if you want to make and sell certain foods from your home that are not considered products of the farm or garden, such as adding ingredients to your tomatoes to make a pasta sauce. Please refer to questions above for what foods are allowed under a Cottage Food Producer registration.

More detail can be found in MDA's Product of the Farm vs. Cottage Food fact sheet.

Please note that products of the farm or garden still must be handled in accordance with applicable state and federal laws, even though a license is not needed to sell them. Contact the Food and Feed Safety Licensing Liaison for more information, or visit MDA's Produce Safety Program website.

No

No. Most charcuterie boards contain meat and cheese. Because meat and cheese are not allowable cottage foods, a food license is required to make and sell charcuterie boards containing those products. Please contact the MDA's Licensing Liaison for more information at MDA.Licensing@state.mn.us.

Can I sell charcuterie boards with a cottage food registration?

No. Most charcuterie boards contain meat and cheese. Because meat and cheese are not allowable cottage foods, a food license is required to make and sell charcuterie boards containing those products. Please contact the MDA's Licensing Liaison for more information at MDA.Licensing@state.mn.us.

No

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.

Can I sell cottage foods out of a structure like a food trailer or truck?

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

Yes. The cottage food law does not prohibit a producer from bringing bulk containers of qualified products like baked goods to a market or event and packaging 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 in the image 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. 

Temporary handwashing station (container with flowing water spigot, wastewater container, hand soap, paper towels, trash container)

Can I bring unpackaged, bulk containers of cottage foods (like cupcakes) to a farmers' market or community event, and hand out the food after the customer chooses what they want to buy?

Yes. The cottage food law does not prohibit a producer from bringing bulk containers of qualified products like baked goods to a market or event and packaging 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 in the image 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. 

Temporary handwashing station (container with flowing water spigot, wastewater container, hand soap, paper towels, trash container)

No

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 agency.

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.

Where can I make cottage food?

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 agency.

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.

No

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