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You can only sell non-potentially hazardous foods and home-processed and home-canned pickles, vegetables, or fruit with a pH of 4.6 or below. Foods that are non-potentially hazardous do not support the rapid growth of microorganisms that can make people sick. Non-potentially hazardous foods have a pH of 4.6 or below, meaning they are acidic, or have a water activity of 0.85 or less, meaning they are relatively dry or have a high sugar or salt content that binds up the water making it hard for bacteria to grow.

The list linked below includes examples of what is allowable and not allowable under Cottage Food Law. It is developed with partners from the Minnesota Farmers' Market Association, Minnesota Cottage Food Producer Association, the MDA, and the University of Minnesota Extension.

Non-Potentially Hazardous Foods List

Disclaimer: This list is not owned by the MDA and only provides examples of food items. It does not encompass all potential allowable or non-allowable foods. If you have questions about whether a food item can be produced under Cottage Food Law, please contact the MDA.

Many university websites provide recipes that have been laboratory tested and shown to be considered non-potentially hazardous. If you are unsure if the food you want to sell meets the definition of a non-potentially hazardous food, there are laboratories that can test your food for pH and/or water activity and can be found through a web search for “food testing laboratories in Minnesota”. In addition, there are also pH meters you can purchase yourself to test, and water activity self-testing kits. More information about testing cottage foods can be viewed on the Minnesota Cottage Foods Academy website - https://mfma.org/Cottage_Foods_Academy.

Treats must be non-potentially hazardous, meaning they do not support the rapid growth of bacteria that would make people or pets sick when held outside of refrigerated temperatures. Only baked or dehydrated treats can be made under the cottage food exemption. Only treats for dogs or cats can be made and sold under this exemption, and they must be safe for the intended species. Some ingredients (for example, onions) may be toxic to cats or dogs and should not be added to pet treats.

The list linked below from the University of Minnesota includes examples of what is allowable and not allowable under Cottage Food Law. It is developed with partners from the Minnesota Farmers' Market Association, Minnesota Cottage Food Producer Association, the MDA, and the University of Minnesota Extension.

Non-Potentially Hazardous Pet Treat Guidance

Disclaimer: This list is not owned by the MDA and only provides examples of pet treat items. It does not encompass all potential allowable or non-allowable pet treats. If you have questions about whether a pet treat can be produced under Cottage Food Law, please contact the MDA.

You will need a food license. The type of food license needed depends on who you want to sell to, how and where sales will be made, and where the food will be produced. To find out more, go to the MDA food license page or submit a Food Licensing Liaison request form - https://www.mda.state.mn.us/food-liaison-request. 

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. Cannabinoids like THC or CBD cannot be ingredients in cottage food.

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 they own or rent or trees that are on land they own or rent, and

2) No purchased or "off-land" ingredients are added to the products (e.g., adding cinnamon or honey/syrup/sap sourced from others).

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 purchased or ingredients are added to the honey or maple syrup product or if the producer is using sap, maple syrup, or honey from another producer. When this happens, the product is no longer considered a product of their farm or garden and is no longer excluded from licensing requirements.

Yes. Minnesota Statute 28A.151 (Farmers' Market or Community Event; Food Product Sampling and Demonstration) allows food sampling and cooking demonstrations at farmers markets and community events without a license. However, all requirements in the law must be followed.

The food product sample must be:

• A small portion of no more than 3 ounces of a food or beverage that includes as a main ingredient a product sold by the vendor.
• Provided to customers at no cost. 
• Ingredients and foods used in the samples and demonstrations are obtained from sources that comply with Minnesota food laws.
• Raw animal, raw poultry, and raw fish products must not be served as samples.
• Food product sampling or demonstrations including cooked animal, poultry, or fish products must be prepared onsite at the event.
• Animal or poultry products used must be from animals slaughtered under continuous inspection, either by the USDA or through Minnesota's Equal-To inspection program.
• Signage that lists the food sample’s ingredients and major allergens is posted. 
• Food samples can be pre-packaged prior to the event. Those offering pre-packaged food samples that are completely sealed to prevent bare hand contact with the food are not required to have a handwashing station at the event. A handwashing station is required when handling open food for sampling or cooking demonstrations.

NOTE - The same food safety requirements as a Special Event Food Stand apply to sampling and cooking demonstrations. More details about requirements can be found on University of Minnesota Extension's website.

No. Chocolate-covered fruit is not allowed to be sold as a cottage food (e.g., berries, pineapple, melon).

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. 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.

Since potentially hazardous foods like dairy products cannot be sold with a Cottage Food Producer registration, a food license is needed. A food license requires that the food either be prepared in a commercial kitchen, or in an approved and licensed food stand. No home food preparation or storage is allowed. The type of license needed will depend on where the food will be prepared, stored, and sold. In addition, a licensed food stand cannot also sell cottage foods, so the stands must be separate from each other. Separation of both foods and sales, with proper signage and labeling to identify the cottage foods. 

No, those foods are considered potentially hazardous, and are not allowed cottage foods. A food license is needed to make and sell them. They cannot be made and sold from a home kitchen. 

Yes, you must label the food with:

1. Your full name as the individual cottage food registrant OR your cottage food business name submitted on your cottage food application (if operating as a DBA or other legal Minnesota business entity),
2. Your registration number OR address submitted on the cottage food application,
3. The date that the food was made,
4. The statement “These products are homemade and not subject to state inspection", and
5. A list of ingredients contained in the product, including any major food allergens. The allergens of concern are milk, eggs, wheat, soy, peanuts, tree nuts, fish, shellfish, and sesame. More information on labeling is provided in the cottage food training course (see Training section questions above).

Please note, QR Codes cannot take the place of the required label information. A QR code can only be added in addition to the required information.

A food allergy is an abnormal immune response to food. Certain proteins in food trigger an allergic reaction. Symptoms can range from mild to moderate, to severe and life threatening. While many different foods can cause allergic reactions, nine have been identified as major food allergens (that cause most allergic reactions in the United States):  

1. Milk
2. Eggs
3. Fish (e.g., bass, flounder, cod)
4. Crustacean Shellfish (e.g., crab, lobster, shrimp)
5. Tree Nuts (e.g., almonds, walnuts, pecans)
6. Peanuts
7. Wheat
8. Soybeans
9. Sesame

More information about food allergies - https://www.fda.gov/food/buy-store-serve-safe-food/food-allergies-what-you-need-know

List food allergens as part of your ingredients list. The requirement is already met if the common or usual name of an ingredient (e.g., buttermilk) already contains the major allergen's food source name (i.e., milk). Otherwise, the allergen's food source must be declared at least once on the food label in one of two ways:

1. In parentheses following the name of the ingredient in the ingredient list. 

•  EXAMPLES:  "lecithin (soy)", "flour (wheat)", and "whey (milk)"

OR

2. Immediately after or next to the list of ingredients in a "contains" statement. 

• EXAMPLE:  "Contains Wheat, Milk, and Soy."

**NEW IN 2025**

MILK - For food labeling purposes, the Food and Drug Administration (FDA) considers "milk" as milk from domesticated cows, goats, sheep, or other ruminants.

• Milk from animals other than cows, when used as an ingredient, must be declared in the ingredient list by common or usual name, such as "goat milk", or "Contains goat milk" in a separate "Contains" statement, or both.

EGGS - For food labeling purposes, the FDA considers "eggs" as eggs from domesticated chickens, ducks, geese, quail, and other fowl. 

• Eggs from birds other than chickens, when used as an ingredient, must be declared in the ingredient list by common or usual name, such as "duck egg", or "Contains duck egg" in a separate "Contains" statement, or both.

TREE NUTS - The FDA considers the following tree nuts as major food allergens: Almond, Brazil nut, Cashew, Hazelnut/filbert, Macadamia nut/Bush nut, Pecan, Pine nut/Pinon nut, Pistachio, Walnut (Black, California, English, Japanese/Heartnut, Persian).

• These tree nuts must be included in the ingredients list. Several tree nuts, including coconut, were removed from the list.

Additional Information - https://extension.umn.edu/cottage-food-safety-news/changes-major-food-allergens

You must display a sign at the point of sale that states: “These foods are homemade and not subject to state inspection.” Examples of signs can be found in the last section of this Q&A ("Other") and in the cottage food training. If you are conducting internet sales, this same statement must be posted on your website.

Cottage foods cannot be produced onsite at a community event or farmers’ market. If the business wishes to produce or dispense food or beverages onsite, they will likely need to obtain a food license. The type of foods being produced or dispensed will determine if licensure is needed from the Minnesota Department of Agriculture or a health department. Contact MDA's Food Licensing Liaison for guidance at MDA.Licensing@state.mn.us.