📐 The Standard
The Non-Potentially Hazardous (NPH) Rule
Minnesota's cottage food law only permits foods that are "non-potentially hazardous" — meaning they do not support the rapid growth of dangerous bacteria at room temperature. The MDA uses two measurable scientific criteria to determine this.
The Two Safety Criteria
Criterion 1 — Acidity
pH ≤ 4.6
Acidic foods at or below this level inhibit the growth of Clostridium botulinum and other pathogens. This covers vinegar-based pickles, properly acidified jams, fermented foods, and naturally acidic fruits.
Criterion 2 — Water Activity
aw ≤ 0.85
Foods with low available water — through dryness, high sugar, or high salt content — don't support bacterial growth. This covers most baked goods, hard candies, dry mixes, granola, and shelf-stable confections.
Reference pH Values
🍋 Lemon juice
~2.0
✓ Safe
🥒 Properly acidified pickles
≤ 4.6
✓ Safe
🍅 Plain tomatoes (whole)
~4.2–4.9
⚠ Test Required
🫐 Blueberry jam (acidified)
~3.0–3.5
✓ Safe
🧀 Cream cheese frosting
~4.5–5.5
⚠ Likely Prohibited
🌽 Plain canned corn
~6.0
✕ Not Allowed
⚠️ The MDA does not publish a single exhaustive list of allowed foods — the list changes as products are evaluated. If you're unsure whether your product qualifies, contact MDA at 651-201-6081 or MDA.CottageFood@state.mn.us before selling. You can also have your product laboratory tested for pH and water activity.
Baked Goods
Shelf-stable baked items with water activity ≤ 0.85 — the most common cottage food category in Minnesota
✓ Allowed
✓Breads (standard, quick breads)
✓Cookies (all varieties)
✓Cakes (shelf-stable frosting only)
✓Cupcakes (shelf-stable frosting only)
✓Fruit pies (pecan, apple, cherry, etc.)
✓Brownies and bars
✓Biscotti
✓Pretzels
✓Pastries (shelf-stable)
✓Meringue cookies
✓Scones and muffins
✓Cinnamon rolls (shelf-stable icing)
✓Biscuit-filled (fruit-filled)
✓Alcohol-flavored baked goods (e.g., rum cake)
📌 Frosting note: High-sugar, shelf-stable frostings (royal icing, fondant, buttercream without fresh dairy) are generally allowed. Cream cheese frosting, whipped cream, or fresh dairy-based fillings are not — they require refrigeration for food safety.
✕Cream-filled pastries (éclairs, cream puffs)
✕Cheesecakes
✕Custard or cream pies
✕Items with fresh dairy fillings
Jams, Jellies & Preserves
Properly acidified fruit spreads meeting pH ≤ 4.6 — one of Minnesota's most popular cottage food products
✓ Allowed
✓Fruit jams (strawberry, raspberry, blueberry, etc.)
✓Fruit jellies (grape, apple, etc.)
✓Marmalades (citrus-based)
✓Fruit butters (apple, peach, pumpkin) — if pH ≤ 4.6
✓Preserves and conserves
✓Chutneys — if properly acidified (pH ≤ 4.6)
📌 Use a research-tested, standardized recipe (USDA, Ball, or University of Georgia's NCHFP). If you modify a recipe, lab-test the pH to confirm it remains ≤ 4.6. Test 24 hours after processing. Document all batch results.
✕Low-sugar jams where pH exceeds 4.6
✕Savory jams with low-acid vegetables as primary ingredient
Home-Canned Pickles, Vegetables & Fruit
Allowed with strict rules — pH testing required, and these products can ONLY be sold inside Minnesota
⚠ Conditions Apply
✓Dill pickles (properly acidified)
✓Bread-and-butter pickles
✓Pickled vegetables (pH ≤ 4.6)
✓Pickled beets
✓Canned acidified tomatoes (Minnesota recipe — if pH ≤ 4.6)
✓Canned fruit (properly acidified, pH ≤ 4.6)
✓Salsa — if all ingredients acidify to pH ≤ 4.6
⚠Fermented pickles (sauerkraut) — test pH after fermentation
⚠️ Minnesota-only rule: Home-canned goods (pickles, canned vegetables, canned fruit) may NEVER be sold outside of Minnesota — even after the 2027 law change that allows human cottage food shipping. This restriction is permanent under the statute.
✕Plain canned vegetables without acidification (corn, green beans, carrots)
✕Canned meat or poultry
✕Low-acid canned tomatoes (no added acid)
Candy & Confections
Shelf-stable sweets with very low water activity — hard candy, fudge, toffee, and more
✓ Allowed
✓Hard candies (lollipops, drops)
✓Fudge (shelf-stable)
✓Toffee and brittle
✓Caramels (shelf-stable)
✓Chocolate bark and clusters
✓Chocolate-dipped items (shelf-stable)
✓Peanut butter cups (shelf-stable)
✓Marshmallows
✓Truffles (shelf-stable ganache)
✓Rock candy
✕Chocolate-dipped strawberries (require refrigeration)
✕Fresh cream truffles (need refrigeration)
✕Ice cream or frozen novelties
Dry Mixes, Granola & Snacks
Low water-activity dry foods — baking mixes, seasoning blends, granola, popcorn, and trail mix
✓ Allowed
✓Granola and granola bars
✓Trail mix
✓Popcorn (flavored, kettle corn)
✓Flavored nuts and seeds
✓Baking mixes (pancake, muffin, cookie, bread)
✓Spice blends and seasoning mixes
✓Hot cocoa mix and tea blends
✓Soup and chili dry mixes
✓Dry pasta (uncooked)
✓Crackers and croutons
Fermented Foods
Allowed if final pH ≤ 4.6 after fermentation — testing is required, not optional
⚠ Testing Required
✓Sauerkraut — if final pH ≤ 4.6
✓Fermented pickles — if final pH ≤ 4.6
⚠Hot sauce (fermented) — test final pH
⚠Kimchi — test final pH; refrigeration may be required
⚠Kombucha — if pH ≤ 4.6; refrigeration for quality is OK
⚠Vinegar — typically very low pH, verify
⚠️ Testing protocol: Test pH upon completion of fermentation using a calibrated pH meter. For fermented products with pH between 4.0–4.6, a certified pH meter (not strips) is strongly recommended. Use lab-tested or research-validated recipes — do not alter standardized recipes without retesting. Document all batch pH readings.
Cat & Dog Treats
Non-potentially hazardous baked or dehydrated pet treats, governed by Minn. Stat. 25.391 (added 2021)
✓ Allowed
✓Baked dog biscuits and treats
✓Dehydrated meat treats (fully dehydrated to low aw)
✓Baked cat treats
✓Freeze-dried treats (if non-potentially hazardous)
✕Raw meat pet treats
✕Treats requiring refrigeration
✓ Pet treats can be shipped by mail or commercial carrier right now — including out of state, as long as you comply with the destination state's laws. This is one exception to the general no-shipping rule for human cottage foods.
Prohibited Foods — Never Allowed Under Cottage Food
These require a licensed food establishment — you cannot make or sell them from your home kitchen under the cottage food exemption
✕ Prohibited
✕Raw meat, poultry, or fish products
✕Cooked meat dishes requiring refrigeration
✕Cheesecakes, cream pies, custards
✕Cream-filled baked goods (éclairs, cream puffs)
✕Foods with fresh dairy fillings (fresh whipped cream, ricotta)
✕Ice cream, gelato, frozen desserts
✕Low-acid canned vegetables (plain corn, green beans)
✕Canned meats, fish, or stews
✕Unacidified salsa or hot sauce (above pH 4.6)
✕Refrigerated dips, hummus, or spreads
✕Hemp-derived edible cannabinoid products
✕Alcoholic beverages
🔬 Product Testing
When & How to Test Your Products
For baked goods with clearly low water activity (standard cookies, bread, dry crackers), you generally don't need to lab test — they obviously meet the standard. For acidified, fermented, or pH-sensitive products, testing is required.
| Product Type | Testing Needed? | Method | When to Test |
|---|---|---|---|
| Standard baked goods (bread, cookies, muffins) | Usually No | Use research-tested recipe | N/A — standard recipes are well within aw ≤ 0.85 |
| Jams, jellies (standardized recipe) | Usually No | USDA/NCHFP tested recipe | Only if modifying the recipe |
| Modified jam/preserve recipe | Yes | Calibrated pH meter or lab test | 24 hours after processing |
| Fermented foods (sauerkraut, pickles) | Yes | Calibrated pH meter | Upon completion of fermentation |
| Salsa or hot sauce | Yes | Lab test or certified pH meter | Per batch; document all results |
| Kombucha | Yes | pH meter + verify aw or lab | End of each fermentation cycle |
| Unusual or untested products | Yes — Lab | Food testing laboratory (MN) | Before selling; retain lab results |
🔬 Search "food testing laboratories Minnesota" to find certified labs. The MDA accepts lab results as documentation. For self-testing, use a calibrated pH meter — pH strips are not accurate enough for values near 4.6. Keep records of all batch tests, dates, and quantities.
⭐ Special Rules
Special Exemptions & Edge Cases
Honey & Maple Syrup — Separate Exemption
Pure honey and maple syrup from your own hives or trees are NOT subject to cottage food registration at all
Farm Exempt
Pure honey from hives you own or rent, and pure maple syrup from trees you own or rent, are considered "products of the farm or garden" under Minnesota law. They may be sold from home, at farmers markets, online, shipped, and even wholesaled — without any cottage food registration — as long as:
✓Product comes exclusively from your own hives or trees
✓No purchased or "off-land" ingredients are added
✕Adding cinnamon, vanilla, or other purchased flavorings → requires cottage food registration
✕Supplementing with honey or syrup from other producers → requires registration
📌 Labeling requirements still apply even for farm-exempt honey and maple syrup. See the Labeling guide for details.