Lawsuit Challenges MN “Cottage Foods” Restrictions

Posted November 25, 2013

A Minnesota business owner recently filed a lawsuit challenging the state’s “cottage foods” law, according to a KSTP News article available here.  KAAL TV also reported on the story here.

Under the law, Minn. Stat. § 28.A.15 (2013), Jane Astramecki may sell her baked goods at a farmers market or a community event with gross receipts of $5,000 or less per year without a license.

A “Cottage Food Production Operation” typically means that a person “uses his or her own kitchen facility to produce food items that are not potentially hazardous, including bakery products, jams, jellies, candy, dry mixes, spices and some sauces.”

The laws regulating “cottage foods” vary from state to state.  An interactive map of state “cottage foods” laws is available here.  A regulatory guidance for Best Practices for Cottage Foods is available here.

For more information on local food systems, please visit the National Agricultural Law Center’s website here.