Can I sell homemade foods?
TL;DR- yes with the proper registration and types of permitted items.
The state allows for individuals to make and sell certain non-potentially hazardous food and canned goods in Minnesota without a license. This law, the Cottage Food Exemption, went into effect in 2015 and includes details on training and registration, types of food allowed, food labeling, types of sales locations, and amount of sales allowed by a cottage food producer. Additional legislative changes were passed in 2021-23. Key changes have included:
- Increasing the Tier 1 sales cap (exempt from registration fee) to $7,665.
- Increasing the Tier 2 sales cap per registered individual to $78,000.
- Adding pet treats for dogs and cats as an allowed cottage food (MS 25.391).
- Allowing individuals to organize their cottage food business as a business entity recognized by state law.
- Requiring the label to include the name and registration number OR the name and address; and the statement, “These products are homemade and not subject to state inspection”.
- Allowing Minnesota cottage food producers to ship cottage pet treats in the mail or by commercial delivery to the end consumer. Please note that this change in law only applies to cottage pet treats, not cottage food intended for humans.
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Yes, a non-Minnesota resident can apply for a Minnesota Cottage Food Producer registration. They can make the food in their non-Minnesota home, but the food still needs to be provided in person to the customer in Minnesota (meet up location in Minnesota, or at a Minnesota farmers' market or community event). NOTE: Cottage foods can cross state lines, with the exception of acidified jarred or canned foods (e.g., pickles, tomato sauce). Those foods must be both made and sold in Minnesota.
- Sale limits: You are limited to $78,000 dollars in food sales in any calendar year. If you sell more than $78,000, you need a food license and meet applicable laws for making and selling food under that license. For more information about food licenses, see the MDA food licenses page.
➡️Read the list of allowable (and not allowable items) ⬅️
Find out more about the state's rules: https://www.mda.state.mn.us/food-feed/cottage-food-law-guidance