Minnesota Cottage Foods Law Minnesota Statute 28A.152 Cottage Foods Exemption

Non-Potentially Hazardous Foods

As of July 1, 2015, individuals can sell non-potentially hazardous (NPH) foods made in their home kitchens, without a license (Minnesota Statute 28A.152). Non-potentially hazardous (NPH) foods are foods that do not support the rapid growth of bacteria that would make people sick when held outside of refrigerated temperatures. These are the types of foods the Minnesota Cottage Foods Law exempts from licensing. MNCFPA and MFMA have worked with the Minnesota Department of Agriculture, the Minnesota Department of Health, and the University of Minnesota Extension Food Safety Team to compile this list.

This list is offered by MNCFPA and MFMA as a guideline. Cottage food producers are responsible for ensuring their products meet the legal requirements of the law. Final legal determination for cottage food products rests with MDA. If a food item is not on this list, contact your local Minnesota Department of Agriculture Food Inspector: (651) 201-6027 or [email protected].

LIST UPDATES This list will be reviewed periodically and updated as needed. This list was last updated: August 18, 2021. For additional updates, see Cottage Food Questions and Answer Blog, University of Minnesota Extension, http://blog-cottage-food.extension.umn.edu/.

USING THIS LIST For ease of use, this list is divided into Food Type categories. Each category lists three options: Allowed Foods, Not Allowed Foods, and Exceptions. All foods listed in the “Exceptions” column need extra information and we strongly recommend you contact the MDA to discuss the potential risks associated with the “Exceptions” foods. 1. Acid, Acidified, home-canned and home-processed foods a. Fruits Never allowed under this exemption: b. Pickled c. Vegetables Dairy d. Fermented Eggs e. Vinegar f. Condiments Fish g. Ingredients 2. Baked Foods Meat 3. Beverages Poultry 4. Candy and Confections 5. Dried, Dehydrated, and Roasted Seafood 6. Frozen Products 7. Icings, Frostings, Sugar Art, Toppings 8. Jams, Jellies, Preserves, Fruit Butters, Syrups pH REQUIREMENT You have to test the pH of acidified and fermented foods. In order to do that, you will need a pH meter and calibration solutions. There are numerous kits available on the market. See Buying and Purchasing and Using a pH Meter, University of Wisconsin, https://foodsafety.wisc.edu/assets/pdf_Files/What_is_pH.pdf.

For home-canned acidified products, test pH 24 hours after processing. For fermented products, test pH upon completion of the fermentation process. Record the pH value in your records, along with the recipe source, date and quantity of the batch. Download the University of Minnesota Extension’s pH Testing Record. https://extension.umn.edu/food-safety/food-entrepreneurs. On the label, write the date you produced the product.

LAB-TESTED RECIPES FOR ACID, ACIDIFIED, FERMENTED FOODS There are hundreds of research-tested recipes available for the canned and fermented products in this list. If you use a non-standardized recipe or if altering a standardized recipe, you must have the product tested by a lab to validate NPH status pH (≤4.6) or water activity (≤0.85). Keep lab results as documentation. See the Appendix at the end of this sheet for resources and testing labs.

Index: ❑ 1. ACID, ACIDIFIED, HOME-CANNED AND HOME-PROCESSED ▪ Fruits Page 3 ▪ Pickled Products Page 4 ▪ Vegetables Page 5 ▪ Fermented Foods & Vinegar Page 6 ▪ Condiments Page 7-8 ▪ Ingredients Page 9 ❑ 2. BAKED FOODS Page 10-12 ❑ 3. BEVERAGES Page 13 ❑ 4. CANDY AND CONFECTIONS Page 14 ❑ 5. DRIED, DEHYDRATED, ROASTED PRODUCTS Page 15-16 ❑ 6. FROZEN ITEMS Page 17 ❑ 7. ICINGS, FILLINGS, FROSTINGS, SUGAR ART, & TOPPINGS Page 18-19 ❑ 8. JAMS, JELLIES, PRESERVES, FRUIT BUTTERS, & SYRUPS Page 20 ❑ 9. HEMP IN COTTAGE FOOD ______Page 21 ❖ APPENDIX Page 22-23

Non-Potentially Hazardous Foods List DATE: August 18, 2021 1. ACID, ACIDIFIED, HOME-CANNED AND HOME-PROCESSED Food Type Allowed Not-Allowed Exceptions Fruits that have an equilibrium • Non-acidified home-canned • Fruit ciders, fruit juices, pH value of ≤ 4.6 and heat-treated bananas, figs, melons i.e. including tomato: Allowed, if to kill vegetative cells. cantaloupe, honeydew, and final product meets the pH watermelon. criteria and are home-canned Examples, including but not • White-fleshed peaches or or pasteurized (heat juice to limited to: white-fleshed nectarines. (The 160 degrees F for 6 seconds • Apples natural pH of some white while stirring constantly). • Applesauce peaches or nectarines can • Home-canned acidified or • Apricots exceed 4.6 pH, making them a pickled bananas, figs, melons • Berries low-acid food for canning i.e. cantaloupe, honeydew, • Cherries purposes. (Currently, there is watermelon using a • Cranberries no low-acid pressure process standardized recipe or lab • Cranberry sauce available for white-flesh results verifying it meets final • Figs, acidified peaches or nectarines, or an product pH ≤ 4.6. • Fruit based chutneys acidification procedure for Fruits • Fruit ciders safe water bath canning. • Fruit juices • Final product pH > 4.6 • Fruit puree • Elderberry juice or syrup (no • Fruit salsas approved methods), • Grapefruit elderberries are a low acid • Grapes berry https://bit.ly/2F2S4N7 • Mangoes, green • Raw, un-canned and • Mixed fruit cocktail unpasteurized juice or cider, • Nectarines fruit or vegetables, are not • Oranges allowed because it requires • Papaya refrigeration for safety; thus • Peaches requiring a license. Contact • Pears MDA at 651-201-6027 or • Pineapple MDA.FoodLicensingLiaison • Plums @state.mn.us with questions • Rhubarb on obtaining licensure.

Non-Potentially Hazardous Foods List DATE: August 18, 2021 1. ACID, ACIDIFIED, HOME-CANNED AND HOME-PROCESSED Food Type Allowed Not-Allowed Exceptions

Pickled products that have an • Pickled radishes, there are no equilibrium pH ≤ 4.6 and heat- tested recipes from reliable treated to kill vegetative cells. resources for canning pickled radishes with water bath Examples, including but not canning or pressure canning. limited to: • Pickled bison • Pickled asparagus • Pickled eggs • Pickled beets • Pickled fish • Pickled cantaloupe • Pickled meats • Pickled carrots • Pickled seafood • Pickled chow chow relish • Refrigerator pickled products • Pickled corn relish • Final product pH > 4.6 • Pickled green, yellow beans (Dilly Beans) • Pickled green tomatoes Pickled Products • Pickled okra • Pickled relish • Pickled summer yellow squash • Pickled three-bean salad • Pickled watermelon rinds • Pickles, sweet or dill

Non-Potentially Hazardous Foods List DATE: August 18, 2021 1. ACID, ACIDIFIED, HOME-CANNED AND HOME-PROCESSED Food Type Allowed Not-Allowed Exceptions

Vegetables acidified and have an • Fresh vegetable juice that has A high acid level (pH ≤ 4.6) equilibrium pH ≤ 4.6 and heat- not been heat treated prevents the growth of treated to kill vegetative cells. • Frozen vegetables Clostridium botulinum bacteria, • Pesto which causes botulism. Because Examples, including but not • Hummus many factors affect the acidity limited to: • Home-canned low-acid foods: level of tomatoes, USDA • Bloody Mary Mix fish, meat, poultry, vegetables, recommends adding acid to all • Minnesota Tomato Mixture soups, stews, and home-canned tomatoes and • Tomatoes, acidified with legumes/pulses, i.e. tomato products. See UMN bottled lemon juice, citric acid Chickpeas, lentils, dry peas Extension’s article: or vinegar. and beans https://extension.umn.edu/preserving-and- • Tomatillos, acidified • Final product pH > 4.6 preparing/canning-tomato-products- safety-guidelines. • Tomato juice, acidified • Tomato paste with citric acid • Tomato sauce, acidified Vegetables • Vegetable juice blend, acidified

Non-Potentially Hazardous Foods List DATE: August 18, 2021 1. ACID, ACIDIFIED, HOME-CANNED AND HOME-PROCESSED Food Type Allowed Not-Allowed Exceptions Fermented fruit, vegetables, • Black garlic – production of pickles, sauerkraut, which have black garlic is an oxidation & an equilibrium pH value of ≤ 4.6. crystallization process, not a fermentation process. No Examples, including but not research-tested methods to limited to: safely make black garlic at • Kimchi home. More information on • Pickles black garlic can be seen here: • Sauerkraut https://bit.ly/3vDbqgK • Water Kefir soda • Fermented eggs, fish, meats, Fermented Foods • Kombucha with alcohol poultry & seafood. content not more than one-half • Fermented products requiring of one percent by volume. refrigeration for food safety • Sourdough starter culture • Fermented products with fermented to ≤ 4.6 verified by alcohol content greater than home pH testing. one-half of one percent by volume. • Final product pH > 4.6

1. ACID, ACIDIFIED, HOME-CANNED AND HOME-PROCESSED Food Type Allowed Not-Allowed Exceptions

Vinegar and infused vinegars with • Final product pH > 4.6 an equilibrium pH value of ≤ 4.6 • Oil based flavored vinaigrettes Vinegar

Non-Potentially Hazardous Foods List DATE: August 18, 2021 1. ACID, ACIDIFIED, HOME-CANNED AND HOME-PROCESSED Food Type Allowed Not-Allowed Exceptions Condiments, which have an • Fruit based chutneys with nuts • Honey: Plain honey or equilibrium pH value of ≤ 4.6 and • Pesto creamed honey harvested from heat treated to kill vegetative cells • Freshly prepared sauces like your land or land you rent is guacamole or salsa requiring considered product of the farm Examples, including but not refrigeration. and is excluded from any limited to: • Corn & Bean Salsa licensing. However, if you • Barbeque sauce • Salsa canned in Quart jars flavor with non-potentially • Catsup / Ketchup • Oils such as sunflower, hazardous ingredients like • Chili sauce flaxseed, canola, rapeseed cinnamon or ground vanilla, it • Chutneys • Infused oils would be a cottage food. • Fruit salsas • Oil based flavored vinaigrettes • Bacon as an ingredient: • Syrups – Simple Syrups (i.e. • Home-canned caramel and Commercially prepared shelf 1:1 water/sugar ratio) just chocolate dessert sauces. stable bacon added to sauces is flavored There is not a 'standard' or allowed. The BBQ sauce must • Horseradish, has a pH > 5.4, USDA/Extension tested consist of less than 2% by therefore it must be acidified canning recipes for sauces due weight of cooked bacon. Final Condiments to be a cottage food product. to the milk and oils from the product pH must have an See this research tested relish chocolate sauce. See equilibrium of ≤4.6. recipe University of Wisconsin https://extension.oregonstate.edu/sites article. /default/files/documents/8836/sp5079 https://fyi.uwex.edu/safepreserving/20 3horseradish.pdf 13/11/18/safe-preserving-canned- • Mustard chocolate-sauce./. • Pepper sauce • Mayonnaise • Salsa, chile • Final product pH >4.6 • Salsa, green tomato • Flavored with alcohol and • Salsa, tomato final alcohol content is more • Salsa Verde (tomatillos green than one-half of one percent salsa) by volume. • Taco sauce

Non-Potentially Hazardous Foods List DATE: August 18, 2021 1. ACID, ACIDIFIED, HOME-CANNED AND HOME-PROCESSED Food Type Allowed Not-Allowed Exceptions • Flavored with alcohol. Final • Coffee Syrups – low acid • A hot-fill-hold process may be alcohol content must be less food. No approved research- used instead of boiling water than one-half of one percent tested canning recipes for or steam canning for some by volume. canning/bottling coffee syrup acidified products like salsa exist. and sauces that have a pH < 4.1 or lower, a smooth consistency and a pre-cook step. Monitoring time, temperature and pH is critical to assure the destruction of E. coli, Salmonella and Listeria. These resources provide instruction and processing time/temperatures for the hot- fill-hold thermal process Condiments method. Cont. • Choosing a Hot-Fill-Hold Process for Acidified Foods, University of Wisconsin. • Use of Linear Models for Thermal Processing of Acidified Food with a pH of 4.1 or below. Food Protection Trends. 2010 Vol. 30, No. 5. P. 268-272.

Non-Potentially Hazardous Foods List DATE: August 17, 2021 1. ACID, ACIDIFIED, HOME-CANNED AND HOME-PROCESSED Food Type Allowed Not-Allowed Exceptions

Final product has an equilibrium • Pie fillings with tapioca, starch • Ball preserving has tested pH value of ≤ 4.6 or water or flour added before canning recipes for a home canned activity value of ≤ 0.85 and heat • Mincemeat pie filling chocolate cranberry sauce and treated to kill vegetative cells. • Mole paste a chocolate raspberry sauce • Pineapple, orange, raspberry, safe for water bath canning. Examples, including but not rhubarb, etc. curd (only lemon See: limited to: or lime curd has a safe https://www.freshpreserving.com/. • Fruit toppings like peach, research tested home canning • Packaged sweet dessert sauces sweet cherry method) (not home canned), like • Pie filling (thickened with • Lemon or lime curd flavored caramel and chocolate, with a ClearJel® or Thermflo®): with ginger or herbs like water activity ≤ 0.85 are apple, blueberry, cherry, thyme. allowed. Refrigerate or freeze peach, green tomato • Final product pH > 4.6 or the product for quality. Ingredients • Lemon or lime curd water activity > 0.85 • A cold-fill-hold process may • Flavored with alcohol. Final • Flavored with alcohol and be used for some products as Jarred/Packaged Pie, alcohol content must be less final alcohol content is more an alternative to the boiling Cake Fillings and than one-half of one percent than one-half of one percent water or steam canning Toppings by volume. by volume. process. Products must have a pH or 3.3 or below or acidified with pH of 3.5 or 3.8. Must include a pre-cook and a cooling step. Instructions here: https://foodsafety.wisc.edu/assets/cold fill2019.pdf

Non-Potentially Hazardous Foods List DATE: August 18, 2021 2. BAKED FOODS

Food Type Allowed Not-Allowed Exceptions Baked foods that do not require • Cake, brownies, bread baked in • Sweet or quick breads, cakes & refrigeration and have a final a jar pies made with fresh fruit, water activity value of ≤ 0.85 or • Cakes/Cupcakes topped with vegetables or cheese i.e. pH of ≤ 4.6. fresh whipped cream and/or cut banana, carrot, pumpkin, fruit zucchini, sweet potato cheddar Examples including, but not • Cheesecake may be a potentially hazardous limited to: • Custard, pudding, cakes or food. Test these products for • Bars cupcakes with custard filling both water activity and pH to • Biscuits, fruit-filled • Pies: banana cream, verify non-potentially • Biscotti meringue pies, pumpkin, hazardous status by a • Breads squash pie, etc. commercial lab. • Cakes • Fillings with: Meat, Bison, • Recipes from Come and Bake • Cake pops Poultry, Fish, Seafood, It 1 (2015) & 2 (2018) testing • Cookies Vegetables as non-potentially hazardous • Cupcakes • Non-baked dairy (butter, including: Mom’s zucchini • Donuts / Doughnuts cheese, cream cheese, yogurt), bread, pumpkin roll cake, Bakery type products • Macarons with allowable example: no-bake cheesecakes. pumpkin whoopie pies, fillings listed in Section 7: • Non-baked product containing pumpkin bread, pumpkin cake Icings, Fillings, Frosting, Sugar raw and/or pasteurized eggs bars. Art, & Toppings such as raw cookie dough, egg • NOT all recipes in the Come • Macaroons noodles, soft meringues on pies and Bake It 2: Pumpkin Spice • Meringue Cookies • Final product decorated or Edition (2018) are legal in • Pastries garnished with cut fresh fruits, Minnesota, since Minnesota • Pies, fruit-filled vegetable or meat has a different standard for • Pineapple upside down cake • Pizza “non-potentially hazardous” • Pecan pie – using approved • Flavored with alcohol and final foods. In Minnesota, for recipe in Come and Bake It 1. alcohol content is more than cottage food products, we use • Pretzels one-half of one percent by two parameters: pH ≤ 4.6 or • Quick breads (See exceptions) volume. water activity ≤0 .85. • Frozen doughs

Non-Potentially Hazardous Foods List DATE: August 18, 2021 2. BAKED FOODS Food Type Allowed Not-Allowed Exceptions • Flavored with alcohol. Final • Tres Leches Cakes or • Lefse, crepes, crepe cakes – alcohol content must be less Cupcakes allowed if commercially tested than one-half of one percent • Sesame Balls (rice flour dough by a lab and has a water by volume. wrapped over a filling of lotus activity of < 0.85. paste or red bean paste, then • Artisan style breads baked deep fried & rolled in sesame with olives or aged cheese – seeds). allowed if commercially tested • Recipes from Come and Bake by a lab and has a water It 1 & 2 editions tested as activity content of < 0.85 potentially hazardous Ingredients must be added including: Sweet potato before baking and cannot be cinnamon bread, pumpkin added as a topping after scones, carrot cake, pumpkin baking. roll filling, pumpkin pie, lemon zucchini bread, Bakery type products applesauce nut bread, Cont. pumpkin cake, orange pumpkin muffins, pumpkin whoopie pies, pumpkin layer cake, pumpkin blondies, cake mix pumpkin cake, cream cheese kolaches, banana bread, savory cheddar cheese quick bread, cheddar cheese herb yeast bread. • Home rendered lard, bacon grease or other animal fats unless they are part of a baked product: i.e. pie crust or cupcakes.

Non-Potentially Hazardous Foods List DATE: August 18, 2021 2. BAKED FOODS Food Type Allowed Not-Allowed Exceptions

• Steamed Buns i.e. Kas Las Paus or Kalapao – yeasted or baking powder bun filled with beef or pork sausage & hard- boiled egg. • Steam Rolls or Steam Rice Roll Cakes i.e. Fawn Kauv or Banh Cuon – steamed rice roll cake with mushrooms, pork stir fry, noodles or meat fillings. • Cakes topped with bottles of alcohol / liquor. • Final product pH > 4.6 or Bakery type products water activity > 0.85. Cont.

Non-Potentially Hazardous Foods List DATE: August 18, 2021 3. BEVERAGES Food Type Allowed Not-Allowed Exceptions Final product pH ≤ 4.6 or water • Prepared, ready-to-serve • Fruit ciders, fruit juices, activity < 0.85. beverages like coffee, tea, including tomato: if final lemonade are considered products meet the pH criteria Packaged items, i.e. jar and lid foodservice requiring and are home-canned or examples, including but not licensing pasteurized (heat juice to 160° limited to: • Coffee syrup, i.e. coffee degrees F for 6 seconds while concentrate, added sugar - for stirring constantly), they are • Fermented beverages (see a coffee syrup, is considered a an allowed cottage food fermented product section) low-acid food for canning. product. • Soft drinks, packaged There are no approved • Raw, un-canned and • Teas, packaged research-tested canning unpasteurized juice is not • Pasteurized or home-canned recipes for canning/bottling allowed because it requires high-acid juices coffee syrup. refrigeration for safety • Lemonade and fruit flavored • Fresh squeezed juice requiring a license. Contact ades, packaged • Tri-Color Drink (i.e. Nam MDA at • Shrubs (vinegar based non- Vam or Na Va) or Tri –Color MDA.FoodLicensingLiaison Teas, coffee, soft drinks alcoholic concentrated syrup Dessert (i.e. Ché Ba Máu). @state.mn.us or 651-201- that combines fruit juice, sugar • Tapioca Coconut Drink (i.e. 6027. & vinegar). Nab Vam). • A cold-fill-hold process may • Switchels (vinegar-based • Bubble Tea, Boba Tea be used for some beverages as blend of water, flavorings & • Cold brew coffee & tea an alternative to the boiling apple cider). requires refrigeration for food water or steam canning • Tinctures with vinegar as base safety. process. Products must have a liquid. • Tinctures (having an alcohol pH or 3.3 or below or base). acidified with pH of 3.5 or • Final product pH > 4.6 or 3.8. Must include a pre-cook water activity > 0.85. and a cooling step. Instructions here: https://foodsafety.wisc.edu/assets/cold fill2019.pdf

Non-Potentially Hazardous Foods List DATE: August 18, 2021 4. CANDY AND CONFECTIONS Food Type Allowed Not-Allowed Exceptions Final product does not require • Flavored with alcohol and refrigeration for food safety and final alcohol content is more has a final water activity value of than one-half of one percent ≤ 0.85. by volume. i.e. liquid filled chocolate with a liqueur filling Including but not limited to: • Chocolate-covered fresh fruit,. • Bon bons i.e. berries, pineapple, melon • Brittle • Anything containing raw eggs • Caramel Apples • Cream based filling • Caramels • Tapioca Desserts i.e. Nab • Chocolate Vam, Tri Color Dessert, Ché • Chocolate, ground Ba Máu • Chocolate-covered, non- • Meat, fish, seafood, poultry, perishable foods, such as nuts, vegetable filling dried fruits, marshmallows, & • Final product pH > 4.6 or Candy and Confections pretzels water activity > 0.85. • Cotton candy • Fudge • Hard candy • Hot Chocolate Bombs or Cocoa Bombs • Popcorn balls • Flavored with alcohol. Final alcohol content must be less than one-half of one percent by volume.

Non-Potentially Hazardous Foods List DATE: August 18, 2021 5. DRIED, DEHYDRATED, ROASTED PRODUCTS Food Type Allowed Not-Allowed Exceptions Final product water activity value • Cooked tapioca • Milling of corn and other of ≤ 0.85. • Jerky: fish, meat, poultry, products and drying herbs for seafood specialized process example also falls under the Including but not limited to: requiring a license including product of the farm exclusion • Baking mixes extra precautions and food if no off-farm ingredients are • Beans safety controls. added. Check with the • Coconut • Roasted vegetables or fruits, Minnesota Department of • Coffee beans i.e. peppers, carrots, tomatoes, Agriculture for facility • Culinary lavender etc. requirements, as a home • Dates • Dried noodles with eggs kitchen cannot be used under • Fruit • Fresh, frozen or cooked pasta the product of farm exclusion. • Fruit leathers • Popcorn, kettle corn made • Grains onsite at a farmers’ market or • Garlic community event. This is Dried, Dehydrated, • Granola, cereals and trail foodservice and requires a mixes license. Roasted Products • Herbs • Final product pH > 4.6 or • Herb blends water activity > 0.85. • Hot Pepper Chips / Hot Chili • Fresh or Fried Egg or Spring Snacks (i.e. Kao Soi, Guizhou, Rolls Yunnan-style) as long as other • Freeze Dried cheesecake, ingredients added don’t dairy, eggs, ice cream, meat, change the final product from fish, seafood & poultry. a shelf-stable food to one that • Noodle Soup, i.e. Kaopia, isn’t. Khao Piak Sen • Freeze dried fruit, vegetables • Nut Butters – requires a and herbs specialized process to control • Milled cornmeal, flaxseed, etc. for Salmonella.

Non-Potentially Hazardous Foods List DATE: August 18, 2021 5. DRIED, DEHYDRATED, ROASTED PRODUCTS Food Type Allowed Not-Allowed Exceptions

• Mushrooms, mushroom jerky, • Steamed Rolls (i.e. spring roll etc. – Only use mushrooms filled with vegetables and/or from a commercial source. meat. Must be dried, dehydrated only not roasted. • Nut mixes • Onions • Pasta noodles without eggs • Popcorn & Popcorn Snacks • Potato chips • Seasoning salt • Seeds like pumpkin, sunflower • Soup mixes (dry) • Tea (dry) Dried, Dehydrated, • Tomatoes Roasted Products • Tree nuts and legumes, coated Cont. or uncoated • Vegetable leathers like pumpkin or mixed vegetable • Vegetable chips • Vegetables • Vegetarian-based soup mixes (dry).

Non-Potentially Hazardous Foods List DATE: August 18, 2021 6. FROZEN ITEMS Food Type Allowed Not-Allowed Exceptions

Final product pH ≤ 4.6 or water • Non-dairy soft serve activity < 0.85. • Frozen fruit and vegetables • Frozen uncooked or partially Including but not limited to: cooked bread doughs, batters, • Fruit-based frozen treats, i.e. pies, etc. popsicles, sorbet, ice snow • Ice milk, ice cream, or ice cones, etc. pops made with dairy • Fruit-based freezer jams • Freeze-dried dairy • Fruit-based frozen treats using Note: Imported frozen berries fresh-cut fruits were identified as the source of several viral outbreaks. Outbreaks • Final product pH > 4.6 or of both Norovirus and Hepatitis water activity > 0.85. A have been associated with frozen berries worldwide. Boiling Frozen Items berries for one minute to make juice prior to re-freezing is best practice to eliminate pathogens.

Non-Potentially Hazardous Foods List DATE: August 18, 2021 7. ICINGS, FILLINGS, FROSTINGS, SUGAR ART, TOPPINGS Food Type Allowed Not-Allowed Exceptions Final product pH ≤ 4.6 or water • Eggs, cream, milk or cream • Dairy and cream cheese-based activity ≤ 0.85. cheese based; unless final frostings lab tested and meet product using these the Minnesota non potentially Including but not limited to: ingredients is documented as a hazardous parameters: pH ≤ Icings, fillings, frosting non-potentially hazardous 4.6 or water activity ≤ 0 .85. • Buttercream food. • Cookie dough frosting; must • Flavored with alcohol and • Recipes from Come and Bake use commercially heat-treated final alcohol content is more It 1 & 2 tested as non- flour. than one-half of one percent potentially hazardous are • Gumpaste by volume. allowed: cream cheese • Flat • Fresh whipped cream buttercream, maple cinnamon • Fondant • Recipes from Come and Bake cream cheese frosting, • Fudge It 1 & 2 editions that tested as marshmallow cream cheese • Glaze potentially hazardous frosting, cream cheese sour • Royal icing with meringue including: Italian meringue cream frosting, orange cream Icings, Fillings, Frostings, powder buttercream, Chocolate French cheese frosting, traditional Sugar Art, Toppings Buttercream, Pineapple curd, cream cheese frosting, faux Sugar Art items: Brown Sugar Swiss Meringue cream cheese frosting, • Cake toppers Buttercream, and cooked flour chocolate ganache, Swiss and • Cream cheese mints buttercream. no-cook meringue • Cupcake toppers • Cut fresh fruits i.e. buttercreams, fluffy boiled • Modeling chocolate figurines strawberries, melons icing, lemon curd, Seven • Sugar flowers • Final product pH > 4.6 or minute frosting, French vanilla • Other decor items water activity > 0.85 buttercream, fluffy • Edible images printed on buttercream frosting, icing/wafer sheets. American buttercream, caramel fillings, caramel coconut pecan frosting; continued on pg. 19.

Non-Potentially Hazardous Foods List DATE: August 18, 2021 7. ICINGS, FILLINGS, FROSTINGS, SUGAR ART, TOPPINGS Food Type Allowed Not-Allowed Exceptions

Toppings: • Recipes from Come and Bake • Stabilized commercial non- It 1 & 2 tested as non- dairy whip cream products potentially hazardous as • Dried or freeze-dried fruit allowed continued from pg. • Edible flowers 18: • Herbs like culinary lavender, • coconut-pecan frosting, maple mint cinnamon cream cheese • Whole fruit frosting, pumpkin cream • Fruit peels or zest cheese filling, cooked flour • Bacon topping, cooked, frosting. commercially sources and final products consist of less than 2% by weight of cooked bacon Icings, Fillings, Frostings, • Flavored with alcohol. Final Sugar Art, Toppings alcohol content must be less Cont. than one-half of one percent by volume.

Non-Potentially Hazardous Foods List DATE: August 18, 2021 8. JAMS, JELLIES, PRESERVES, FRUIT BUTTERS, SYRUPS Food Type Allowed Not-Allowed Exceptions

Final product pH ≤ 4.6 or water • Pumpkin, squash, sweet potato • Non-tested recipes using low- activity ≤ 0.85. butters acid ingredients require testing • Bacon jam (bacon, onions, by a commercial lab for pH Including but not limited to: vinegar, spices) and water activity. (See list of • Conserves • Final product pH > 4.6 or labs in Appendix). • Fruit butters water activity > 0.85 • Fruit syrup • Flavored with alcohol and • Sorghum syrup final alcohol content is more • Jam than one-half of one percent • Jelly by volume. • Marmalades • Preserves • Fruit based refrigerator or freezer jam • Flavored with alcohol i.e. Fruit Butters, Jams, wine or beer jelly. Final Jellies, Preserves, Syrups alcohol content must be less than one-half of one percent by volume. • Research tested recipes for fig preserves, mint jelly, pepper jelly, tomato jam. • See - National Center for Home Food Preservation https://nchfp.uga.edu/how/can 7_jam_jelly.html.

Non-Potentially Hazardous Foods List DATE: August 18, 2021 9. HEMP IN COTTAGE FOOD Food Type Allowed Not-Allowed Exceptions

• Minnesota currently follows • While some hemp extracts and federal regulations for the cannabinoids are legal in manufacture and sale of hemp Minnesota (like CBD), it is products. not legal to add them to food • 3 products are designated as products or dietary Generally Recognized as Safe supplements. (GRAS) they are (1) hulled • Hemp ingredients that come hemp seeds, (2) hemp seed from hemp plant parts other protein powder, and (3) hemp than the seeds are not allowed seed oil. These three products as food ingredients. This all come from the seed of the includes the flower of the hemp plant and can be sold as hemp plant. food or added as ingredients to • Illegal ingredients may be foods and sold in Minnesota. labeled or named as hemp extract, full spectrum CBD oil, Hemp PCR extracts, or CBD oil. • More information about hemp in food products can be found on the MDA Website - Hemp in Food FAQs.

Non-Potentially Hazardous Foods List DATE: August 18, 2021 APPENDIX

TESTED RECIPES RESOURCES

• University of Minnesota Extension Cottage Food Resource Hub. Find links and recommended resources to assist or grow your cottage food business. https://extension.umn.edu/food-entrepreneurs/cottage-foods-resource-hub • Come and Bake It. Volumes I and II. Tested recipes for icings and frostings. NOTE: Only some of the recipes are legal in Minnesota, we

use two parameters: pH ≤ 4.6 or aw ≤ 0 .85 https://texascottagefoodlaw.com/recipes/. • Minnesota Tomato Mixture: https://extension.umn.edu/preserving-and-preparing/canning-minnesota-tomato-mixture • So Easy to Preserve. Tested recipes from the University of Georgia. National Center for Home Food Preservation. https://setp.uga.edu/. • National Center for Home Food Preservation. http://nchfp.uga.edu/. • University of Minnesota Extension. Food Preservation website. https://extension.umn.edu/food-safety/preserving-and-preparing • Fresh Preserving | Ball® Kerr® Jars & Home Canning. Freshpreserving.com

TESTING LABS You may choose a commercial testing lab that fits your needs. Pricing varies but averages $15/pH test, $30/water activity and $100/alcohol content test/per product.

• Market Fresh Food Testing Laboratory, (612)331-4050, Minneapolis, http://www.marketfreshlabs.com/

• Minnesota Valley Testing Lab, (507) 354-8517, New Ulm, http://www.mvtl.com/ • Medallion Labs, 1-800-245-5615 or (763)764-4453, Minneapolis, https://www.medallionlabs.com/

• Mocon, Minneapolis, (763) 493-6370, https://www.mocon.com/

Non-Potentially Hazardous Foods List DATE: August 18, 2021 REFERENCES • Approximate pH of Foods and Food Products. April 2007. US FDA/CFSAN; US FDA/CFSAN. Retrieved from https://www.healthycanning.com/wp-content/uploads/pH-FDAapproximatepHoffoodslacf-phs.pdf • Local Food Resources. Minnesota Institute for Sustainable Agriculture (MISA). https://www.misa.umn.edu/resources/local-food-sales-resources. • National Center for Home Food Preservation. http://nchfp.uga.edu/. • Why Add Lemon Juice to Tomatoes and Salsa Before Canning? June 2012. North Dakota State University https://www.ag.ndsu.edu/publications/food-nutrition/why-add-lemon-juice-to-tomatoes-and-salsa-before-canning • Canning tomatoes information: https://extension.umn.edu/preserving-and-preparing/canning-minnesota-tomato-mixture

RESOURCES • Minnesota Cottage Foods Producers Association, [email protected] and https://www.mncfpa.org/ • Minnesota Department of Agriculture Cottage Foods Producers Guidance and Registration, https://www.mda.state.mn.us/food- feed/cottage-food-producer-registration • Minnesota Farmers’ Market Association, [email protected], www.mfma.org • MN Registered Cottage Food Producers Facebook Group – https://www.facebook.com/groups/610571982425738 • University of Minnesota Extension Food Safety Team, https://extension.umn.edu/courses-and-events/cottage-food-producer-food-safety- training

Non-Potentially Hazardous Foods List DATE: August 18, 2021