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Q: Can I sell kombucha, kefir sodas and herbal tinctures under this law?

A: Because of the fermentation process, Kombucha, kefir sodas and herbal tinctures do produce alcohol. The Minnesota Department of Agriculture sought clarification from the Department of Public Safety (May 2016). If the intent is not to produce an alcoholic beverage and the final product alcohol content is not more than one-half of one percent by volume, these products would be an allowed non-potentially hazardous cottage food. A commercial lab can test your product for alcohol content. The cost for lab testing is around $100. See related post on product testing.

These fermented beverages must be packaged in a container and properly labeled to sell as a cottage food. Selling this products by the glass or cup is considered food service and requires a food license. 

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