Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

HF 3464

as introduced - 91st Legislature (2019 - 2020) Posted on 02/20/2020 04:00pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

Line numbers 1.1 1.2 1.3 1.4 1.5
1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11
2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21
2.22 2.23

A bill for an act
relating to agriculture; modifying certain requirements for cottage food producers;
amending Minnesota Statutes 2018, section 28A.152, subdivisions 1, 5; repealing
Minnesota Statutes 2018, section 28A.152, subdivision 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2018, section 28A.152, subdivision 1, is amended to read:


Subdivision 1.

Licensing provisions applicability.

(a) The licensing provisions of
sections 28A.01 to 28A.16 do not apply to the following:

(1) an individual who prepares and sells food that is not potentially hazardous food, as
defined in Minnesota Rules, part 4626.0020, subpart 62, if the following requirements are
met:

(i) the prepared food offered for sale under this clause is labeled to accurately reflect
the name and address of the individual preparing and selling the food, the date on which
the food was prepared, and the ingredients and any possible allergens; and

(ii) the individual displays at the point of sale a clearly legible sign or placard stating:
"These products are homemade and not subject to state inspection."; and

(2) an individual who prepares and sells home-processed and home-canned food products
if the following requirements are met:

(i) the products are pickles, vegetables, or fruits having an equilibrium pH value of 4.6
or lower;

(ii) the products are home-processed and home-canned in Minnesota;

(iii) the individual displays at the point of sale a clearly legible sign or placard stating:
"These canned goods are homemade and not subject to state inspection."; and

(iv) each container of the product sold or offered for sale under this clause is accurately
labeled to provide the name and new text begina home or post office box new text endaddress of the individual who
processed and canned the goods, the date on which the goods were processed and canned,
and ingredients and any possible allergens.

(b) An individual who qualifies for an exemption under paragraph (a), clause (2), is also
exempt from the provisions of sections 31.31 and 31.392.

new text begin (c) An individual who qualifies for an exemption under paragraph (a) may organize the
individual's cottage foods business as a sole proprietorship, a corporation, or a limited
liability company.
new text end

Sec. 2.

Minnesota Statutes 2018, section 28A.152, subdivision 5, is amended to read:


Subd. 5.

Training.

(a) An individual with gross receipts deleted text beginbetweendeleted text end new text beginof new text end$5,000 deleted text beginand $18,000deleted text end
new text begin or more new text endin a calendar year from the sale of exempt food under this section must complete
a safe food handling training course that is approved by the commissioner before registering
under subdivision 4. The training shall not exceed eight hours and must be completed every
three years while the individual is registered under subdivision 4.

(b) An individual with gross receipts of less than $5,000 in a calendar year from the sale
of exempt food under this section must satisfactorily complete an online course and exam
as approved by the commissioner before registering under subdivision 4. The commissioner
shall offer the online course and exam under this paragraph at no cost to the individual.

Sec. 3. new text beginREPEALER.
new text end

new text begin Minnesota Statutes 2018, section 28A.152, subdivision 3, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 20-6844

28A.152 COTTAGE FOODS EXEMPTION.

Subd. 3.

Limitation on sales.

An individual selling exempt foods under this section is limited to total sales with gross receipts of $18,000 or less in a calendar year.