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Minnesota Cottage 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 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 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: June 3, 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. , Acidified, home-canned and home-processed foods a. Never allowed under this exemption: b. Pickled c. Dairy d. Fermented e. f. Fish g. Ingredients 2. Baked Foods Meat 3. Beverages Poultry 4. and Confections 5. Dried, Dehydrated, and Roasted Seafood 6. Frozen Products 7. Icings, Frostings, Art, Toppings 8. Jams, Jellies, Preserves, Butters, 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 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  REQUIREMENTS AT-A-GLANCE Page 22-23  APPENDIX Page 24-25 Non-Potentially Hazardous Foods List DATE: June 3, 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 : Allowed, if to kill vegetative cells. cantaloupe, honeydew, final product meets the pH . criteria and are home-canned Examples, including but not • Final product pH > 4.6 or pasteurized (heat juice to limited to: • Elderberry juice or (no 160 degrees F for 6 seconds • approved methods), while stirring constantly). • Applesauce elderberries are a low acid • Home-canned acidified or • Apricots berry https://bit.ly/2F2S4N7 pickled bananas, figs, melons • Berries • Raw, un-canned and i.e. cantaloupe, honeydew, • Cherries unpasteurized juice or cider, watermelon using a • Cranberries fruit or vegetables, are not standardized recipe or lab • Cranberry allowed because it requires results verifying it meets final • Figs, acidified refrigeration for safety; thus product pH ≤ 4.6. • Fruit based chutneys requiring a license. Contact Fruits • Fruit ciders MDA at 651-201-6027 or • Fruit juices MDA.FoodLicensingLiaison • Fruit puree @state.mn.us with questions • Fruit salsas on obtaining licensure. • Grapefruit • Grapes • Mangoes, green • Mixed fruit cocktail • Nectarines • Oranges • Papaya • Peaches • Pears • Pineapple • Plums • Rhubarb

Non-Potentially Hazardous Foods List DATE: June 3, 2021 1. ACID, ACIDIFIED, HOME-CANNED AND HOME-PROCESSED Food Type Allowed Not-Allowed Exceptions

Pickled products that have an • Pickled , there are no equilibrium pH ≤ 4.6 and heat- tested recipes from reliable treated to kill vegetative cells. resources for 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 • Pickled seafood • Pickled chow chow • Refrigerator pickled products • Pickled corn relish • Final product pH > 4.6 • Pickled green, yellow beans () • Pickled green tomatoes Pickled Products • Pickled okra • Pickled relish • Pickled summer yellow squash • Pickled three-bean • Pickled watermelon rinds • Pickles, sweet or

Non-Potentially Hazardous Foods List DATE: June 3, 2021 1. ACID, ACIDIFIED, HOME-CANNED AND HOME-PROCESSED Food Type Allowed Not-Allowed Exceptions

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

Non-Potentially Hazardous Foods List DATE: June 3, 2021 1. ACID, ACIDIFIED, HOME-CANNED AND HOME-PROCESSED Food Type Allowed Not-Allowed Exceptions Fermented fruit, vegetables, • Black – production of pickles, , 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 • 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 • 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 with • Final product pH > 4.6 an equilibrium pH value of ≤4.6 • Oil based flavored Vinegar

Non-Potentially Hazardous Foods List DATE: June 3, 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 like your land or land you rent is or 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 with non-potentially • Catsup / • 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 sauces. stable bacon added to sauces is flavored There is not a 'standard' or allowed. The BBQ sauce must • , 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 • Ball preserving has tested https://extension.oregonstate.edu/sites article. recipes for a home canned /default/files/documents/8836/sp5079 https://fyi.uwex.edu/safepreserving/20 chocolate cranberry sauce and 3horseradish.pdf 13/11/18/safe-preserving-canned- a chocolate raspberry sauce • chocolate-sauce./. • Pepper sauce • Final product pH>4.6 safe for water bath canning. • Salsa, • Flavored with alcohol and See https://www.freshpreserving.com/. • Salsa, green tomato final alcohol content is more • Packaged sweet dessert sauces • Salsa, tomato than one-half of one percent (not home canned), like • Salsa Verde (tomatillos green by volume. caramel and chocolate, with a salsa) water activity ≤0.85 are • Taco sauce allowed. Refrigerate or freeze the product for quality.

Non-Potentially Hazardous Foods List DATE: June 3, 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 of 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: June 3, 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 • Packaged sweet dessert sauces pH value of ≤4.6 or water activity or flour added before canning (not home canned), like value of ≤0.85 and heat treated to • Mincemeat pie filling caramel and chocolate, with a kill vegetative cells. • Mole paste water activity ≤0.85 are • Pineapple, , raspberry, allowed. Refrigerate or freeze Examples, including but not rhubarb, etc. curd (only lemon the product for quality. limited to: or curd has a safe • A cold-fill-hold process may • Fruit toppings like peach, research tested home canning be used for some products as sweet cherry method) an alternative to the boiling • Pie filling (thickened with • Lemon or lime curd flavored water or steam canning ClearJel® or Thermflo®): with or like process. Products must have a , blueberry, cherry, thyme. pH or 3.3 or below or peach, green tomato • Final product pH > 4.6 or acidified with pH of 3.5 or Ingredients • Lemon or lime curd water activity > 0.85 3.8. Must include a pre-cook • Flavored with alcohol. Final • Flavored with alcohol and and a cooling step. Jarred/Packaged Pie, alcohol content must be less final alcohol content is more Instructions here: Fillings and than one-half of one percent than one-half of one percent https://foodsafety.wisc.edu/assets/cold Toppings by volume. by volume. fill2019.pdf

Non-Potentially Hazardous Foods List DATE: June 3, 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, & 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 i.e. pH of ≤ 4.6. fresh whipped and/or cut banana, , pumpkin, fruit zucchini, sweet cheddar Examples including, but not • may be a potentially hazardous limited to: • , 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 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 . pumpkin whoopie pies, fillings listed in Section 7: • Non-baked product containing pumpkin bread, pumpkin cake Icings, Fillings, Frosting, Sugar raw and/or bars. Art, & Toppings such as raw cookie dough, • NOT all recipes in the Come • Macaroons noodles, soft on pies and Bake It 2: Pumpkin • 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: June 3, 2021 2. BAKED FOODS Food Type Allowed Not-Allowed Exceptions • Flavored with alcohol. Final • Tres Leches Cakes or • , crepes, crepe cakes – alcohol content must be less Cupcakes allowed if commercially tested than one-half of one percent • Sesame Balls – rice flour by a lab and has a water by volume. dough wrapped over a filling activity of <0.85. of lotus paste or red bean paste, then deep fried & rolled • Test the items first by a in sesame seeds. commercial lab: • Recipes from Come and Bake • Artisan style breads baked It 1 & 2 editions tested as with olives or aged cheese to potentially hazardous verify non-potentially including: Sweet potato hazardous status. Ingredients cinnamon bread, pumpkin must be added before baking scones, carrot cake, pumpkin and cannot be added as a roll filling, , topping after baking. 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 yeast bread. • Home rendered lard, bacon grease or other animal unless they are part of a baked product: i.e. pie crust or cupcakes

Non-Potentially Hazardous Foods List DATE: June 3, 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 & hard- . • 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: June 3, 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 beverages like coffee, tea, including tomato: if final ≤0.85. are considered products meet the pH criteria foodservice requiring and are home-canned or Packaged items, i.e. jar and lid licensing pasteurized (heat juice to 160 examples, including but not • Coffee syrup, i.e. coffee degrees F for 6 seconds while limited to: concentrate, added sugar - for stirring constantly), they are a coffee syrup, is considered a an allowed cottage food • Fermented beverages (see low-acid food for canning. product. fermented product section) There are no approved • Raw, un-canned and • Soft , packaged research-tested canning unpasteurized juice is not • Teas, packaged recipes for canning/bottling allowed because it requires • Pasteurized or home-canned coffee syrup. refrigeration for safety high-acid juices • Fresh squeezed juice requiring a license. Contact • Lemonade and fruit flavored • Tri-Color (i.e. Nam MDA at ades, packaged Vam or Na Va) or Tri –Color MDA.FoodLicensingLiaison Teas, coffee, soft drinks Dessert (i.e. Ché Ba Máu). @state.mn.us or 651-201- • Tapioca Drink (i.e. 6027. Nab Vam). • A cold-fill-hold process may • Bubble Tea, Boba Tea be used for some beverages as • Cold brew coffee requires an alternative to the boiling refrigeration for food safety water or steam canning • Final product pH> 4.6 or process. Products must have a water activity > 0.85 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: June 3, 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. E.g., liquid filled chocolate with a 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 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 • • • Bombs – 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: June 3, 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 and extra product of the farm exclusion • Baking mixes precautions and food safety if no off-farm ingredients are • Beans 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 • Granola, cereals and trail foodservice and requires a Dried, Dehydrated, mixes license. • Herbs • Final product pH >4.6 or Roasted Products • Herb blends water activity >0.85 • Hot Pepper Chips / Hot Chili • Fresh or 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 to control for • Milled , flaxseed, etc. Salmonella • 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 and not roasted. Non-Potentially Hazardous Foods List DATE: June 3, 2021 5. DRIED, DEHYDRATED, ROASTED PRODUCTS Food Type Allowed Not-Allowed Exceptions

• Nut mixes • Onions • Pasta noodles without eggs • Popcorn & Popcorn Snacks • Potato chips • Seasoning • Seeds like pumpkin, sunflower • Soup mixes (dry) • Tea (dry) • Tomatoes • Tree nuts and legumes, coated or uncoated • Vegetable leathers like pumpkin or mixed vegetable Dried, Dehydrated, • Vegetable chips Roasted Products • Vegetables Cont. • Vegetarian-based soup mixes (dry)

Non-Potentially Hazardous Foods List DATE: June 3, 2021 6. FROZEN ITEMS Food Type Allowed Not-Allowed Exceptions

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

Non-Potentially Hazardous Foods List DATE: June 3, 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 buttercream, maple cinnamon • Fondant • Recipes from Come and Bake cream cheese frosting, • Fudge It 1 & 2: edition 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 Sugar Art items: Buttercream, Coconut-Pecan cream cheese frosting, faux • Cake toppers Frosting (2011, 2014), cream cheese frosting, • Cream cheese mints Pineapple curd, Brown Sugar chocolate , Swiss and • Cupcake toppers Swiss Meringue Buttercream, no-cook meringue • Modeling chocolate figurines Cooked flour buttercream buttercreams, fluffy boiled • Sugar flowers • Cut fresh fruits i.e. icing, lemon curd, Seven • Other decor items strawberries, melons minute frosting, French vanilla • Edible images printed on • Final product pH>4.6 or water buttercream, fluffy icing/wafer sheets activity >0.85 buttercream frosting, American buttercream, caramel fillings, Caramel coconut pecan frosting, maple cinnamon cream cheese frosting, pumpkin cream cheese filling, cooked flour frosting. Non-Potentially Hazardous Foods List DATE: June 3, 2021 7. ICINGS, FILLINGS, FROSTINGS, SUGAR ART, TOPPINGS Food Type Allowed Not-Allowed Exceptions

Toppings: • Stabilized commercial non- dairy whip cream products • Dried or freeze-dried fruit • Edible flowers • Herbs like culinary lavender, • Whole fruit • Fruit peels or zest • Bacon topping, cooked, 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: June 3, 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 by a commercial lab for pH Including but not limited to: • Bacon jam (bacon, onions, and water activity. (See list of • Conserves vinegar, ) labs in Appendix). • Fruit butters • Fruit syrup • Final product pH > 4.6 or • Sorghum syrup water activity >0.85 • Jam • Jelly • Flavored with alcohol and • Marmalades final alcohol content is more • Preserves than one-half of one percent • Fruit based refrigerator or by volume. freezer jam • Flavored with alcohol i.e. Fruit Butters, Jams, wine, beer jelly. Final alcohol Jellies, Preserves, Syrups content must be less than one- half of one percent by volume. • Research tested recipes for fig preserves, mint jelly, , . • See - National Center for Home https://nchfp.uga.edu/how/can7_jam_jelly.html.

Non-Potentially Hazardous Foods List DATE: June 3, 2021 9. HEMP IN COTTAGE FOOD Food Type Allowed Not-Allowed Exceptions

• Minnesota currently follows • While some hemp extracts federal regulations for the and cannabinoids are legal in manufacture and sale of hemp Minnesota (like CBD), it is not products. 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 seed oil. These three products allowed as food ingredients. all come from the seed of the This includes the flower of the hemp plant and can be sold as hemp plant. food or added as ingredients • Illegal ingredients may be to foods and sold in labeled or named as hemp Minnesota. 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: June 3, 2021 REQUIREMENTS AT-A-GLANCE FOOD PRODUCED UNDER MAY MUST SHOULD MAY NOT M.S. 28A.152 Produced in home kitchen X Acid and acidified home-canned products heat treated in a hot water bath or an X approved hot-fill-hold process Acidified or fermented foods: Home test pH of each batch X Register with MDA X Carry product liability insurance X Sell at a farmers’ market X Sell at a community event X Sell via the internet X Sell from the home, if allowed by local zoning ordinance X Sell to restaurants X Sell to grocery stores X Sell to other than ultimate consumer X Donate product to charity fundraiser event (effective August 1, 2017) X Donate product to a food shelf or another food access point X Label with name and address (street or post office box, city MN zip), date food X was prepared, all ingredients & allergens Package X

Non-Potentially Hazardous Foods List DATE: June 3, 2021 REQUIREMENTS AT-A-GLANCE FOOD PRODUCED UNDER MAY MUST SHOULD MAY NOT M.S. 28A.152 Place sign at point of sale stating: “Products are homemade and not subject X to inspection.” Display Minnesota Cottage Food X Registration card at point of sale Report income to IRS X Charge Sales Tax, if applicable. See MN Department of Revenue, https://www.revenue.state.mn.us/guide/sal X es-food Request an inspection X Sampling and food demo M.S. 28A.151 X Food product may not be shipped X

Non-Potentially Hazardous Foods List DATE: June 3, 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: June 3, 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-.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

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: June 3, 2021