| Minnesota Farmers' Market Association |
Minnesota Cottage Foods Law |
The MN Cottage Foods Law (Minnesota Statute 28A.152) was first passed in 2015, allowing for "non-potentially hazardous foods" (baked foods, pickled, canned, jams, jellies, etc.) to be made in your home kitchen without a license, as long as the cottage food producer (CFP) took the mandated food safety training and registered with the Minnesota Department of Agriculture.
The law was amended on August 1, 2021 to allow for higher annual gross sales, added improvements to the food safety training, and allowed CFPs to organize their business as any entity.
What foods are "cottage foods" in Minnesota?MFMA and the Minnesota Cottage Food Producers Association collaborate, with expert advice from the University of Minnesota Extension Food Safety team, to provide a guidance list of foods allowed, not allowed, and could be allowed with testing, under the Cottage Foods Law. This guidance includes foods for humans and pet treats. MFMA and MNCFPA welcome additions to the list. To add food items or ask for clarification, please email info@mfma.org. |
Where to get help as a cottage food producerFeel free to email MFMA with your questions at info@mfma.org. Minnesota Cottage Food Producers Association was created in January 2020 to provide leadership to the industry. It is governed by board, hosts an annual conference, regional get-togethers, zoom classes, and administers a super helpful Facebook page for MN Registered Cottage Food Producers Group. The University of Minnesota Extension Food Safety Team answers food science questions on recipes, maintains a Q & A blog for the industry, and provides the mandated Tier 2 cottage food producers training.
|
Register with the Minnesota Department of AgricultureIn order to sell cottage foods in Minnesota, you must take the mandated training and register with MDA. MDA's cottage food page is divided into two sections:
|
Sales Tax on Foods in Minnesota
Sales tax on foods in Minnesota is complicated. For example, jams & jellies sold at grocery stores are not taxed BUT jams & jellies sold at a farmers' market are taxed. The Minnesota Department of Revenue (MDOR) has developed a series of facts sheets on food sales tax. Key to note is that MDOR defines food terms differently than either MDA or MDH.
| MFMA, and the Minnesota Cottage Foods Producers Association, with input from the Minnesota Department of Revenue, have collaborated to provide a guidance document, listing foods that are taxable and not taxable. This list is is not all-encompassing and is provided as a helpful tool for CFPs and licensed food makers to assess whether their food products are taxable. |
Do you need a license to sell food at a farmers' market?
It depends on what you are selling. MFMA teams up with the Minnesota Institute for Sustainable Agriculture and Renewing the Countryside to teach online and in-person classes on Minnesota's food laws, rules, regulations. Classes can be tailored to meet a group's specific needs, and are anywhere from 2 to 4 hours long.
Please email us at info@mfma.org to request a class schedule.
|
MFMA provides services, programs, and leadership that support and promote farmers' markets across Minnesota.
Minnesota Farmers' Market Association /// 9800 155th Street East, Nerstrand MN 55053 /// info@mfma.org
Communications Director: Kim Guenther /// kguenther@mfma.org /// (573) 470-4445
Economic Opportunities VISTA: Maeve Mallozzi-Kelly /// maeve@mfma.org /// (574) 310-5553
Executive Director: Kathy Zeman /// kzeman@mfma.org /// (507) 664-9446
Copyright MFMA 2022