Minnesota 2025-2026 Regular Session

Minnesota House Bill HF1954 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to agriculture; amending cottage foods exemption; requiring reports;
3	3	1.3 amending Minnesota Statutes 2024, section 28A.152, subdivisions 1, 2, 3, 4, by
4	4	1.4 adding a subdivision.
5	5	1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
6	6	1.6 Section 1. Minnesota Statutes 2024, section 28A.152, subdivision 1, is amended to read:
7	7	1.7 Subdivision 1.Licensing provisions applicability.(a) The licensing provisions of
8	8	1.8sections 28A.01 to 28A.16 do not apply to the following:
9	9	1.9 (1) an individual a person who prepares and sells food that is not potentially hazardous
10	10	1.10food, as defined in Minnesota Rules, part 4626.0020, subpart 62, if the following
11	11	1.11requirements are met:
12	12	1.12 (i) the prepared food offered for sale under this clause is labeled to accurately reflect
13	13	1.13the name and the registration number or address of the individual person preparing and
14	14	1.14selling the food, the date on which the food was prepared, the ingredients and any possible
15	15	1.15allergens, and the statement "These products are homemade and not subject to state
16	16	1.16inspection."; and
17	17	1.17 (ii) the individual person displays at the point of sale a clearly legible sign or placard
18	18	1.18stating: "These products are homemade and not subject to state inspection."; and
19	19	1.19 (2) an individual a person who prepares and sells home-processed and home-canned
20	20	1.20food products if the following requirements are met:
21	21	1.21 (i) the products are pickles, vegetables, or fruits having an equilibrium pH value of 4.6
22	22	1.22or lower or a water activity value of .85 or less;
23	23	1Section 1.
24	24	REVISOR BD/VJ 25-0353202/07/25
25	25	State of Minnesota
26	26	This Document can be made available
27	27	in alternative formats upon request
28	28	HOUSE OF REPRESENTATIVES
29	29	H. F. No. 1954
30	30	NINETY-FOURTH SESSION
31	31	Authored by Roach03/06/2025
32	32	The bill was read for the first time and referred to the Committee on Agriculture Finance and Policy 2.1 (ii) the products are home-processed and home-canned in Minnesota;
33	33	2.2 (iii) the individual person displays at the point of sale a clearly legible sign or placard
34	34	2.3stating: "These products are homemade and not subject to state inspection."; and
35	35	2.4 (iv) each container of the product sold or offered for sale under this clause is accurately
36	36	2.5labeled to provide the name and the registration number or address of the individual person
37	37	2.6who processed and canned the goods, the date on which the goods were processed and
38	38	2.7canned, ingredients and any possible allergens, and the statement "These products are
39	39	2.8homemade and not subject to state inspection."
40	40	2.9 (b) An individual A person who qualifies for an exemption under paragraph (a), clause
41	41	2.10(2), is also exempt from the provisions of sections 31.31 and 31.392.
42	42	2.11 (c) An individual A person who qualifies for an exemption under paragraph (a) may
43	43	2.12organize the individual's cottage food business as a business entity recognized by state law.
44	44	2.13 Sec. 2. Minnesota Statutes 2024, section 28A.152, subdivision 2, is amended to read:
45	45	2.14 Subd. 2.Direct sales to consumers.(a) An individual A person qualifying for an
46	46	2.15exemption under subdivision 1 may sell the exempt food:
47	47	2.16 (1) directly to the ultimate consumer, including but not limited to at a community event
48	48	2.17or farmers' market;
49	49	2.18 (2) directly from the individual's person's home to the ultimate consumer, to the extent
50	50	2.19allowed by local ordinance; or
51	51	2.20 (3) through donation to a community event with the purpose of fundraising for an
52	52	2.21individual, or fundraising for an educational, charitable, or religious organization.
53	53	2.22 (b) If an exempt food product will be delivered to the ultimate consumer upon sale of
54	54	2.23the food product, the individual person who prepared the food product must be the person
55	55	2.24who delivers the food product to the ultimate consumer may deliver the food or the food
56	56	2.25product may be delivered by mail or commercial delivery.
57	57	2.26 (c) Food products exempt under subdivision 1, paragraph (a), clause (2), may not be
58	58	2.27sold outside of Minnesota.
59	59	2.28 (d) Food products exempt under subdivision 1 may be sold over the Internet but must
60	60	2.29be delivered directly to the ultimate consumer by the individual who prepared the food
61	61	2.30product. The statement "These products are homemade and not subject to state inspection."
62	62	2.31must be displayed on the website that offers the exempt foods for purchase.
63	63	2Sec. 2.
64	64	REVISOR BD/VJ 25-0353202/07/25 3.1 Sec. 3. Minnesota Statutes 2024, section 28A.152, subdivision 3, is amended to read:
65	65	3.2 Subd. 3.Limitation on sales.An individual A person selling exempt foods under this
66	66	3.3section is limited to total sales with gross receipts of $78,000 $85,000 or less in a calendar
67	67	3.4year.
68	68	3.5 Sec. 4. Minnesota Statutes 2024, section 28A.152, subdivision 4, is amended to read:
69	69	3.6 Subd. 4.Registration.An individual A person who prepares and sells exempt food
70	70	3.7under subdivision 1 must register annually with the commissioner. The commissioner shall
71	71	3.8register an individual a person within 30 days of submitting a complete registration to the
72	72	3.9commissioner. A registration shall be deemed accepted after 30 days following an individual's
73	73	3.10a person's complete registration to the commissioner. The annual registration fee is $50. An
74	74	3.11individual A person with $5,000 $8,500 or less in annual gross receipts from the sale of
75	75	3.12exempt food under this section is not required to pay the registration fee. By January 1,
76	76	3.132022, the commissioner shall adjust the gross receipts amount of this fee exemption based
77	77	3.14on the consumer price index using 2002 as the index year for the $5,000 gross receipts
78	78	3.15exemption.
79	79	3.16 Sec. 5. Minnesota Statutes 2024, section 28A.152, is amended by adding a subdivision to
80	80	3.17read:
81	81	3.18 Subd. 8.Report to legislature.No later than January 10, 2026, and every two years
82	82	3.19thereafter, the commissioner must provide a report to the chairs and ranking minority
83	83	3.20members of the legislative committees having jurisdiction over agriculture. The report must
84	84	3.21include the amounts in subdivisions 3 and 4, a history of when those amounts changed, and
85	85	3.22a calculation of what those amounts would be if adjusted for inflation by the Consumer
86	86	3.23Price Index.
87	87	3Sec. 5.
88	88	REVISOR BD/VJ 25-0353202/07/25