Minnesota Legislature
HF 1954
as introduced - 94th Legislature (2025 - 2026) Posted on 03/06/2025 02:40pm
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| Introduction | Posted on 03/06/2025 |
Current Version - as introduced
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A bill for an act
relating to agriculture; amending cottage foods exemption; requiring reports;
amending Minnesota Statutes 2024, section 28A.152, subdivisions 1, 2, 3, 4, by
adding a subdivision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, 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) deleted text begin an individualdeleted text end new text begin a personnew text end 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 the registration number or address of the deleted text begin individualdeleted text end new text begin personnew text end preparing and
selling the food, the date on which the food was prepared, the ingredients and any possible
allergens, and the statement "These products are homemade and not subject to state
inspection."; and
(ii) the deleted text begin individualdeleted text end new text begin personnew text end 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) deleted text begin an individualdeleted text end new text begin a personnew text end 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 or a water activity value of .85 or less;
(ii) the products are home-processed and home-canned in Minnesota;
(iii) the deleted text begin individualdeleted text end new text begin personnew text end displays at the point of sale a clearly legible sign or placard
stating: "These products 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 the registration number or address of the deleted text begin individualdeleted text end new text begin personnew text end
who processed and canned the goods, the date on which the goods were processed and
canned, ingredients and any possible allergens, and the statement "These products are
homemade and not subject to state inspection."
(b) deleted text begin An individualdeleted text end new text begin A personnew text end who qualifies for an exemption under paragraph (a), clause
(2), is also exempt from the provisions of sections 31.31 and 31.392.
(c) deleted text begin An individualdeleted text end new text begin A personnew text end who qualifies for an exemption under paragraph (a) may
organize the individual's cottage food business as a business entity recognized by state law.
Sec. 2.
Minnesota Statutes 2024, section 28A.152, subdivision 2, is amended to read:
Subd. 2.
Direct sales to consumers.
(a) deleted text begin An individualdeleted text end new text begin A personnew text end qualifying for an
exemption under subdivision 1 may sell the exempt food:
(1) directly to the ultimate consumernew text begin , including but not limited tonew text end at a community event
or farmers' market;
(2) directly from the deleted text begin individual'sdeleted text end new text begin person'snew text end home to the ultimate consumer, to the extent
allowed by local ordinance; or
(3) through donation to a community event with the purpose of fundraising for an
individual, or fundraising for an educational, charitable, or religious organization.
(b) If an exempt food product will be delivered to the ultimate consumer upon sale of
the food product, the deleted text begin individualdeleted text end new text begin personnew text end who prepared the food product deleted text begin must be the person
who delivers the food product to the ultimate consumerdeleted text end new text begin may deliver the food or the food
product may be delivered by mail or commercial deliverynew text end .
(c) Food products exempt under subdivision 1, paragraph (a), clause (2), may not be
sold outside of Minnesota.
(d) Food products exempt under subdivision 1 may be sold over the Internet deleted text begin but must
be delivered directly to the ultimate consumer by the individual who prepared the food
productdeleted text end . The statement "These products are homemade and not subject to state inspection."
must be displayed on the website that offers the exempt foods for purchase.
Sec. 3.
Minnesota Statutes 2024, section 28A.152, subdivision 3, is amended to read:
Subd. 3.
Limitation on sales.
deleted text begin An individualdeleted text end new text begin A personnew text end selling exempt foods under this
section is limited to total sales with gross receipts of deleted text begin $78,000deleted text end new text begin $85,000new text end or less in a calendar
year.
Sec. 4.
Minnesota Statutes 2024, section 28A.152, subdivision 4, is amended to read:
Subd. 4.
Registration.
deleted text begin An individualdeleted text end new text begin A personnew text end who prepares and sells exempt food
under subdivision 1 must register annually with the commissioner. The commissioner shall
register deleted text begin an individualdeleted text end new text begin a personnew text end within 30 days of submitting a complete registration to the
commissioner. A registration shall be deemed accepted after 30 days following deleted text begin an individual'sdeleted text end new text begin
a person'snew text end complete registration to the commissioner. The annual registration fee is $50. deleted text begin An
individualdeleted text end new text begin A personnew text end with deleted text begin $5,000deleted text end new text begin $8,500new text end or less in annual gross receipts from the sale of
exempt food under this section is not required to pay the registration fee. deleted text begin By January 1,
2022, the commissioner shall adjust the gross receipts amount of this fee exemption based
on the consumer price index using 2002 as the index year for the $5,000 gross receipts
exemption.
deleted text end
Sec. 5.
Minnesota Statutes 2024, section 28A.152, is amended by adding a subdivision to
read:
new text begin Subd. 8. new text end
new text begin Report to legislature. new text end
new text begin
No later than January 10, 2026, and every two years
thereafter, the commissioner must provide a report to the chairs and ranking minority
members of the legislative committees having jurisdiction over agriculture. The report must
include the amounts in subdivisions 3 and 4, a history of when those amounts changed, and
a calculation of what those amounts would be if adjusted for inflation by the Consumer
Price Index.
new text end