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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

No, cottage foods cannot be sold from a retail location or store, even if you are present or have set up a separate table (e.g., a "pop up"). The only exception is if a farmers' market or community event is taking place at the retail location. The event must meet the definition of farmers' market or community event.

Can I sell my cottage food from my own store or a friend's store?

No, cottage foods cannot be sold from a retail location or store, even if you are present or have set up a separate table (e.g., a "pop up"). The only exception is if a farmers' market or community event is taking place at the retail location. The event must meet the definition of farmers' market or community event.

No

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

What are food allergies?

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

No

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

How should food allergens be listed on a cottage food label?

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

No

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