1.1 	A bill for an act
1.2 	relating to agriculture; modifying certain requirements for cottage food producers;
1.3 	amending Minnesota Statutes 2020, section 28A.152, subdivisions 1, 5; repealing 
1.4 	Minnesota Statutes 2020, section 28A.152, subdivision 3.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2020, section 28A.152, subdivision 1, is amended to read:
1.7 		Subdivision 1.Licensing provisions applicability. (a) The licensing provisions of 
1.8 	sections 28A.01 to 28A.16 do not apply to the following:
1.9 	(1) an individual who prepares and sells food that is not potentially hazardous food, as 
1.10 	defined in Minnesota Rules, part 4626.0020, subpart 62, if the following requirements are 
1.11 	met:
1.12 	(i) the prepared food offered for sale under this clause is labeled to accurately reflect 
1.13 	the name and address of the individual preparing and selling the food, the date on which 
1.14 	the food was prepared, and the ingredients and any possible allergens; and
1.15 	(ii) the individual displays at the point of sale a clearly legible sign or placard stating: 
1.16 	"These products are homemade and not subject to state inspection."; and
1.17 	(2) an individual who prepares and sells home-processed and home-canned food products 
1.18 	if the following requirements are met:
1.19 	(i) the products are pickles, vegetables, or fruits having an equilibrium pH value of 4.6 
1.20 	or lower;
1.21 	(ii) the products are home-processed and home-canned in Minnesota;
2.1 	(iii) the individual displays at the point of sale a clearly legible sign or placard stating: 
2.2 	"These canned goods are homemade and not subject to state inspection."; and
2.3 	(iv) each container of the product sold or offered for sale under this clause is accurately 
2.4 	labeled to provide the name and a home or post office box address of the individual who 
2.5 	processed and canned the goods, the date on which the goods were processed and canned, 
2.6 	and ingredients and any possible allergens.
2.7 	(b) An individual who qualifies for an exemption under paragraph (a), clause (2), is also 
2.8 	exempt from the provisions of sections 31.31 and 31.392.
2.9 	(c) An individual who qualifies for an exemption under paragraph (a) may organize the 
2.10 	individual's cottage foods business as a sole proprietorship, a corporation, or a limited 
2.11 	liability company.

2.12 	Sec. 2. Minnesota Statutes 2020, section 28A.152, subdivision 5, is amended to read:
2.13 		Subd. 5.Training. (a) An individual with gross receipts ~~between~~of $5,000 ~~and $18,000~~
2.14 	or more in a calendar year from the sale of exempt food under this section must complete 
2.15 	a safe food handling training course that is approved by the commissioner before registering 
2.16 	under subdivision 4. The training shall not exceed eight hours and must be completed every 
2.17 	three years while the individual is registered under subdivision 4.
2.18 	(b) An individual with gross receipts of less than $5,000 in a calendar year from the sale 
2.19 	of exempt food under this section must satisfactorily complete an online course and exam 
2.20 	as approved by the commissioner before registering under subdivision 4. The commissioner 
2.21 	shall offer the online course and exam under this paragraph at no cost to the individual.

2.22 	Sec. 3. REPEALER.
 2.23 	Minnesota Statutes 2020, section 28A.152, subdivision 3, is repealed.

APPENDIX 

Repealed Minnesota Statutes: 21-02985 

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.