Legislative Update –
Shipping of all Cottage Food Prodcuts was Removed from the Omnibus Bill by Amendment A37
The Agriculture, Broadband and Rural Development conference committee met on Saturday, May 6th at 2 pm. During this conference hearing, an amendment (A37) was offered and replaced the shipping language in SF 1955 allowing cottage food producers to ship all of their non-perishable, shelf-stable food. Amendment A37 only allows for the delivery/shipping of pet treats. At first glance, we thought our lawmakers had the fortitude to include the amendment so there was no misinterpretation when the law took effect. We were wrong. Cottage food producers will only be able to ship/deliver pet treats when this omnibus bill becomes law. There was no discussion during the conference committee as to why amendment A37 was introduced nor was there any opportunity for MNCFPA or cottage food producers to submit any testimony.
We have sent an email to Senator Aric Putnam asking what the driving force was behind amendment A37. We will let you know what we hear from Senator Aric Putnam.
Here is the link to the conference committee if you are interested in listening: https://www.house.mn.gov/hjvid/93/896941 The cottage food discussion starts at the 48.58 minutes.
Call to Action – SF 1955 / HF 2278 – Agriculture, Broadband, and Rural Development Conference Committee is Meeting – Monday, May 1 at 8:30 am
We need cottage food producers and those who support cottage foods to contact their Senator or Representative if your lawmaker is on the conference committee (listed below). You can send an email or call. Please leave a message if no one answers the phone.
In your message (email or call): Indicate that you are a constituent, include your address, and “ask that they support leaving the amended language in senate file 1955 for MN Statue 28A.152 allowing cottage foods to be shipped and please include it in the final Agriculture, Broadband, and Rural Development Omnibus Bill.” Also, remember to thank them.
Here is a link for you to check to see if one of the committee members represents you: Who is my MN State Senator or MN Representative?
Here are the members of this committee:
Senators- Chair Senator Aric Putnam (14), Senator Robert Kupec (4), Senator Torrey Westrom (12)
Representatives: Chair Samantha Vang (38B), Representative Kristi Pursell (58A), Representative Paul H. Anderson (12A)
Please contact jcarriveau@mncfpa.org with any questions.
Here is a booklet of a few of the emails and letters that we received from cfps and are giving to lawmakers highlighting how shipping will benefit them:
Legislative Update – Part of the Bill Language is Included in SF 1955 (Omnibus Bill)
While there will not be an increase in the gross revenue cap based on inflation, the shipping language has been included in SF 1955 (Agriculture Omnibus Bill). This is great news for our industry and the ability to reach the full potential of our business. We will be announcing a call to action soon. Please keep your eyes peeled for an email or social media post.
Here is the language that is included in SF 1955 (Agriculture Omnibus Bill). This is going to allow for shipping and clear up MDA’s working definition of “community event”. This is HUGE for cottage food producers. While we know that cottage food producers are allowed to sell directly to the consumer…this should end MDA’s arbitrary position on whether the person organizing a “community event” is profiting from the event.
“Direct sales to consumers.
(a) An individual qualifying for an exemption under
subdivision 1 may sell the exempt food:
(1) directly to the ultimate consumer, including but not limited to at a community event
or farmers’ market;
(2) directly from the individual’s home to the ultimate consumer, to the extent allowed
by local ordinance; or
(3) through donation to a community event with the purpose of fundraising for an
individual, or fundraising for an educational, charitable, or religious organization.
(b) If an exempt food product will be delivered to the ultimate consumer upon sale of
the food product, the individual who prepared the food product must be the person who
delivers the food product to the ultimate consumer may deliver the food, and the food product
may be delivered by mail or commercial delivery.
(c) Food products exempt under subdivision 1, paragraph (a), clause (2), may not be
sold outside of Minnesota.
(d) Food products exempt under subdivision 1 may be sold over the Internet but must
be delivered directly to the ultimate consumer by the individual who prepared the food
product. The statement “These products are homemade and not subject to state inspection.”
must be displayed on the website that offers the exempt foods for purchase.”
Please listen to the audio file below. It is the Finance Committee hearing of SF 1955. It was during this hearing that the shipping language for cottage foods was added to the agriculture omnibus bill (SF 1955). You will hear that MNCFPA initially supported Senator Putnam’s decision to not include the cottage food bill in the ag omnibus bill. We heard Senator Putnam and left well enough alone as we it is important to maintain good relationships. It was obvious that he was not going to include it in the ag omnibus bill, so we decided that we would talk with Senator Putnam over the interim for another run at it next year. We want Senator Putnam to support cottage foods as he is the Chair of the Broadband, Agriculture, and Rural Development Committee for the next four years. On April 11, 2023, Senator Westrom decided to offer the A32 amendment to SF 1955 during this committee hearing, bringing life back to part of the original bill – the shipping language addition including the community event clarification that the MDA seems to need.
We will be talking more about this Thursday, April 20th via Zoom at 7pm. Please email jcarriveau@mncfpa.org for login information.
Legislative Call to Action – You Are Needed
We need all cottage food producers to contact their Minnesota State Representative and ask for their support of HF 2377. At this time, Representative Lucy Rehm has authored the bill that increases the gross revenue cap for cottage foods. This bill is the same as the bill in the Minnesota Senate (SF 1563, Lieske). The difference is that HF 2377 has not been introduced to the Committee and we need to ask our Representatives to support and co-author our bill, so it gets introduced.
At the House Agriculture Finance and Policy Committee meeting is where we will get the amendments read in, just like SF1563. The amendments include the addition of allowing cottage foods to be shipped and technical changes to the law that will not allow the MDA to continue with the arbitrary “community event” policy that interferes with the operation of our cottage food businesses. Below there is a link for you to reach out and ask for your state Representative’s support. You will need only your name, address, and email to use this form. This platform will populate and send your state Representative an email asking for their support. After entering your information, you will be able to click on the letter and personalize it if you choose to. Together we can make this change, please send your letter today…. the deadline is just around the corner. Here is the link:
It is especially important for the constituents of a Representative that serves on the Agriculture Finance and Policy Committee to reach out and ask for their support. Lawmakers want to know what is important to their constituents. If they hear from enough of their constituents, it will encourage them to become a co-author and even ask for this bill to be heard by the committee. Here is the list of the members of the committee that will hear our bill: https://www.house.mn.gov/Committees/members/93001
Thank you to Meagan Forbes with the Institute for Justice for making this available to MNCFPA and all the assistance with this bill. Please contact: jcarriveau@mncfpa.org or serickson@mncfpa.org
We are Back at the Capitol to Advocate for Cottage Foods in 2023…
Pictured: Shelley, Jennifer, Meagan, and Tom
March 6, 2023
At the end of February, MNCFPA along with Meagan with IJ traveled to Saint Paul to meet with lawmakers to discuss SF1563 (thank you Brenda for letting us know that your Senator is the author). The bill originally was to increase the gross revenue cap for both tiers to account for inflation. As of Monday, February 27th it now includes the increased revenue caps, additional language on direct sales to the consumers to better clarify what the intention of the law is, and to allow for shipping. Yes folks, shipping! So stayed tuned, as this bill moves forward. At different times, we will need all cottage food producers to reach out to their lawmakers to let them know exactly how important the cottage food industry is to Minnesota and you. If you have any questions or comments, please reach out to Shelley serickson@mncfpa.org or Jennifer jcarriveau@mncfpa.org
Sesame Seeds are Required to be Listed as an Allergen on Product Labels…
Effective January 1, 2023
All prepared food and/or processed and canned goods offered for sale under the Minnesota Cottage Food Law (MN 28A.152 MN Cottage Food Law) must accurately reflect the name and the address or registration number of the individual preparing and selling the food, the date on which the food was prepared, the ingredients and any possible allergens, and the statement, “These products are homemade and not subject to state inspection.”
For Humans:
Allergens: There are nine major allergens that have been identified by the FDA. The nine major allergens are: milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, soybean, and sesame seeds. Major allergens must be clearly listed on the product. Please note that on January 1, 2023, sesame seeds are now required to be listed on labels and has become the ninth major allergen.
For Cats and Dogs:
There is not an allergen list for pet treats; however, you MUST know what ingredients are unsafe for dogs and cats and not use them in your pet treats. You can make a cat or dog critically ill and worse yet even kill a cat or dog if they are feed the wrong foods.
Information of the foods allowed and not allowed for both humans and pets can be on the MNCFPA Non-Potentially Hazardous Foods Guidance page (on this website).
Minnesota Cottage Food Law has Changed….
updated 08/16/2021
The 2021 legislative session brought with it some new and improved changes to the cottage food law. These changes became law on August 1, 2021. Please take the time to read the new law and see how it applies to you. You can find the updated law here: MN Statute Sec. 28A.152 **Please note that at the top of the section for 28A.152 that there is a link for the 2021 changes. You will need to select this link to see the changes**
The changes include:
- Increased income potential
- Allows for you to structure your business as an LLC
- Cat and dog pet treats are allowed
- New labeling requirements
For guidance on the cottage food registration process: MN Department of Agriculture – Cottage Food Guidance
updated 06/01/2021
The new and improved Minnesota Cottage Food Law is effective August 1, 2021. There will be more information to come…stay tuned.
updated 05/25/2021
Minnesota Cottage Food Producers Governor Walz Signed SF958
Governor Walz approved & signed SF 958 which will revise Chapter 28 and improve the law for all cottage food producers in Minnesota. These changes to the law will take effect this summer in July or August…watch our website for more information.
updated 05/18/2021
Congratulations Minnesota Cottage Food Producers… We did it!!!
Now, all we need is the Governor’s signature. Fingers crossed this will happen soon! On a side note, if you happen to see that your representative voted against this it wasn’t because of cottage foods. There were other things that weren’t agreed on. That’s one of the downfalls of an omnibus bill. Here is the final language: SF 958 – You will need to scroll through the bill to find the cottage food and pet treat language. Happy Reading!
The 2020-2021 legislative session is in full swing and most of our bills have numbers! On the MN Senate side SF1254 and SF1610 & on the MN House of Representatives side HF1430 and (TBA). Please keep an eye on these bills, as the language can change as the session moves along. You can also follow these bills at: Senate Bills and House Bills
Additionally, please make sure you reach out to your legislators and ask them to support these bills by voting yes and signing onto the bill as an author. You can click on the following link to find out who represents you at the Minnesota State Capitol: Who represents me?
Note: The next committee hearings are:
MN House of Representatives – Agriculture Finance and Policy — Monday, March 8th at 1pm
MN Senate – Agriculture and Rural Development Finance and Policy — Wednesday, March 10th at 3pm
Calling All Minnesota Cottage Food Producers: Legislation to increase revenue, allow business structures, add pet treats, & codify labels…
updated 01/25/2021
The 2020-2021 legislative session is upon us and in order to reform the current Minnesota cottage food law we are asking Minnesota cottage food producers to review the proposed legislation and think of how changing the current law will benefit your business. Additionally, it is important that cottage food producers know who represents them at the state level. If you are unsure, you can locate this information by using the following link: My Local State Representatives
In the weeks to come, MNCFPA will be contacting all Minnesota cottage food producers via email and phone requesting a call to action. The call to action will consist of having cottage food producers contact their district Senator, Representative, and committee members asking for their support on the proposed legislation. Please stay tuned for more information to be posted on the call to action which will include sample letters, the legislation bill numbers in both the Senate and House, and other information.
Please familiarize yourself with the proposed legislation while we wait to receive the bills back from the Revisor’s Office and reach out with any questions that you may have. The following link will open a document with information on the changes: Reform MN Cottage Food Law
Moving Into the 2020-2021 Legislative Session – Your Voice Matters:
updated 12/04/2020
With 2020 coming to a close and 2021 quickly approaching it is time to gear up in-order to make positive changes to the Minnesota cottage food laws. MNCFPA, Institute for Justice, MFMA along with others have been hard at work all year getting ready for the upcoming session. We are needing and asking for cottage food producers to get involved. You are a stakeholder and your voice matters!
Our objective for this session is to change the current cottage food law to allow CFP’s to earn a livable wage by increasing the revenue cap, expand the cottage food exemption to include non-potentially hazardous pet treats, and convince MDA to change their policy disallowing CFP’s from forming as an LLC. In order to make sure our voices are heard, MNCFPA will be hosting coalition meetings between the hours of 4-7 on Wednesday, December 9th and from 9-11 am on Thursday, December 10th. These meetings will be held via Zoom (there will be an option to call in too). These informational meetings will be about 30 minutes and will not commit you to anything. If you are interested in attending a meeting please email: jcarriveau@mncfpa.org
Check out the following link for more information on getting involved: Getting Involved in the Legislative Process
The Coalition to Reform MN Cottage Food Law is working for CFPs, and we need your help to make positive changes for everyone…
updated 11/08/2020
The election is behind us and the 2020-2021 legislative session will be here before we know it. If you are interested in strengthening the cottage food law here in MN please contact one of the board members. Additionally, keep an eye on this page for updates.
updated 08/27/2020
The Minnesota Cottage Food Association is working on legislation that will help cottage food producers earn more income to grow their businesses, allow the sale of pet treats, and change MDA’s policy of disallowing CFPs from filing their business as an LLC with the MN Secretary of State’s Office. In order to accomplish this, we need your help! We will be hosting meetings for cottage food producers to discuss the legislation and provide input. Each meeting will provide an overview of the bills, information about how you can get involved in our legislative effort, and updates as to where we are in the process. We know that everyone is busy and want to stress that this is not a full time job. We encourage anyone with any interest at all to join and decide how involved you want to be. There are links below to join the coalition or to ask for more information. We look forward to any questions, comments, or suggestions you may have and hope you decide to support reforming the current MN cottage food laws to strengthen the cottage food industry in Minnesota.
Minnesota’s Cottage Food Laws to Increase Income Potential in 2020-2021
Update: 08/15/2020
Unfortunately, the legislative session was interrupted by the COVID-19 and we were unable finish our work at the Capitol. That being said, we are not giving up and are in the process of organizing our efforts for 2020-2021. Our focus will continue to be on adding pet treats (cat and dog) to the cottage food law, increasing the revenue cap, and allowing for individuals to structure their business as an LLC. The legislation from last year can be found at the bottom of this page.
If you would like to become involved please contact us https://www.mncfpa.org/215-2/ Also, please visit our events calendar (located on our home page) as we will be updating and adding events for you to become involved.
2019-2020 Minnesota Legislative Session
We are currently working on amending the current cottage law. We are focusing on adding pet treats (cat and dog) to the cottage food law, increasing the revenue cap, and allowing for individuals to structure their business as an LLC. Here are the links to the current proposed legislation: