Permits Required Before You Sell
Minnesota's cottage food law does not require a food establishment license, but it does require annual registration with the Minnesota Department of Agriculture (MDA) before you sell a single product. You must also complete food safety training specific to Minnesota's cottage food program.
| Requirement | Who Needs It | Cost | Renewal |
|---|---|---|---|
| MDA Cottage Food Registration | Everyone β all tiers | Free (Tier 1) / $50 (Tier 2) | Annual (April 1 β March 31) |
| Tier 1 Training (MDA online) | Sales β€ $7,665/year | Free | Annually (before each renewal) |
| Tier 2 Training (U of MN Extension) | Sales $7,666β$78,000/year | ~$50 (verify current price) | Every 3 years while actively selling |
| Local Business License | Some cities/counties β check locally | Varies by municipality | Varies |
| Sales Tax Permit | If selling taxable products (some jams/prepared foods) | Free (MN Revenue) | No renewal fee |
| Home Kitchen Inspection | No one β not required | β | β |
Tier 1 vs. Tier 2 β Which One Applies to You?
Minnesota uses a two-tier registration system based on your expected gross annual sales. Choose the tier that fits your expected sales for the coming year. You can move between tiers annually.
- βComplete the free MDA online training and exam each year before registering
- βTraining is reading-based β review the training document and pass an exam
- βRegistration is completely free at this tier
- βPerfect for hobby sellers, first-year businesses, and small side incomes
- βIf you earn more than $7,665, you must upgrade to Tier 2
- βTraining must be completed before registering each year
- βComplete an MDA-approved food safety course through University of Minnesota Extension
- βTraining required once every 3 years (not annually) while actively selling
- βCourse available online (self-paced) or in-person through UMN Extension
- βAllows up to $78,000 in annual gross sales
- β$50 annual registration fee paid to MDA
- βMust provide most recent training completion date at renewal
How to Register β Complete Walkthrough
Follow these steps in order. You must complete all steps before selling your first product. Allow 3β4 weeks for your registration card to arrive by mail.
Confirm that every product you plan to sell is a non-potentially hazardous food (NPH) β meaning it has a pH of 4.6 or lower, or a water activity of 0.85 or lower, and does not require refrigeration for food safety.
Check the MNCFPA's NPH Foods List at mncfpa.org. If you're unsure about a specific product, contact MDA at MDA.CottageFood@state.mn.us or call 651-201-6081 before proceeding.
- βCall your city, county, or township to confirm there are no local zoning prohibitions on home food sales before investing in registration.
Training must be completed before you register. Choose based on your expected annual sales:
- βDownload the free MDA Tier 1 Training PDF from the MDA website.
- βRead through the training material, then complete the online exam through the registration portal at mn.gov/elicense.
- βThis must be repeated annually before each registration renewal.
- βEnroll in the Cottage Food Producer Food Safety Training through the University of Minnesota Extension at extension.umn.edu.
- βAvailable as a self-paced online course or in-person session.
- βCost: approximately $50 (verify current pricing at UMN Extension website).
- βGood for 3 years β you will be asked for your most recent training completion date at renewal.
Go to mn.gov/elicense. From the dropdown menu, select "Cottage Foods Producer Registration" and click "Apply for License."
You will need to provide: your full name, address (or business name if operating as a DBA or LLC), contact information, expected sales tier, training completion information, and a list of the types of products you plan to sell.
- βEmail MDA.Licensing@state.mn.us or call 651-201-6062.
- βLeave your name and mailing address β MDA will send you the paper form.
- βSpanish (EspaΓ±ol) and Somali versions of the registration are available from MDA.
Tier 1: No fee β registration is free. Submit your application and you're done with this step.
Tier 2: A $50 annual registration fee applies. Pay online via credit card during the application process. If filing by paper, include a check payable to "Minnesota Department of Agriculture."
The MDA will mail your registration card with your unique registration number. Processing takes approximately 3β4 weeks. The MDA is required by law to register complete applications within 30 days β registration is also deemed accepted automatically 30 days after submission of a complete application.
You can check the status of your application by searching the MDA's Licensing Information Search tool at mn.gov/elicense.
- βPost the card in a location visible to customers at your point of sale.
- βYour registration number must appear on your product labels (or your address β one or the other is sufficient).
- βThe card states: "This is not a license. Products cannot be resold." This language is required by MDA.
- βDo not begin selling until your registration is confirmed.
Minnesota's cottage food law explicitly states it does not preempt local zoning ordinances, sanitation requirements, or business licensing requirements. Some cities and townships prohibit home food sales due to zoning β you must verify this before operating.
Call your city or county government's main line and ask whether a local business license is required and whether there are any restrictions on home-based food sales in your zone.
Your Registration Timeline
Renewing Your Registration Each Year
Local Permits & Zoning
Minnesota's cottage food law does not override local authority. Cities, counties, and townships may have their own requirements on top of the state registration. Here are the most common local considerations.
Sales Tax & Income Tax for Cottage Food
- βBaked goods and most shelf-stable foods are exempt from Minnesota sales tax as "food and food ingredients" β this covers breads, cookies, cakes, granola, dry mixes, and most cottage food staples.
- β Some "prepared foods" may be taxable β including certain jams, salsas, and products that meet the state's definition of prepared food. Contact the MN Department of Revenue to confirm your specific products.
- βBakery items are generally not "prepared food" under MN law unless sold with eating utensils provided by the seller β which cottage food sellers typically don't do.
- βContact Minnesota Department of Revenue at 651-556-3000 or visit revenue.state.mn.us/guide/food-and-food-ingredients for guidance on your specific product mix.
- βCottage food sales are subject to Minnesota income tax regardless of tier or sales amount.
- βReport cottage food income on your Minnesota state income tax return as self-employment income.
- βKeep records of all sales, expenses (ingredients, packaging, farmers market fees, etc.) throughout the year.
- βConsider consulting a tax professional if your sales are substantial β deductible business expenses can significantly reduce your tax burden.
Enforcement & Compliance
The MDA takes cottage food compliance seriously. Here's what you need to know about how the law is enforced and what happens if a complaint is filed.
- βComplaint-driven: MDA does not conduct routine inspections of cottage food operations. Enforcement is primarily complaint-driven.
- βWhat MDA investigates: Registration status, training completion, sales amounts, sales locations, food types sold, labeling, and point-of-sale signage.
- βConsequences: Depending on the severity of a violation, MDA may conduct an inspection, issue a written notice, assess financial penalties, or pursue prosecution.
- βInspection authority: MDA has the legal authority to enter any establishment where food is manufactured, processed, packed, or held during reasonable hours.
- βFiling a complaint: Consumers or competitors can file a complaint with MDA using the Food & Feed Quality Complaint Form on the MDA website.