A: Garden produce for sale falls under the product of the farm exclusion from licensing that is established by Minnesota's Constitution (Article 13, Section 7); and Minnesota Statute 28A.15, Subdivision 2.
A food product is excluded from licensing requirements if it is sold by the farmer or gardener who produced it on their own or leased property. The product of the farm exclusion does not allow for the addition of any off-farm ingredients. As soon as any purchased or acquired ingredient, even a grain of salt, is added - that takes the product outside of the product of the farm exclusion. Whole, raw garden produce comes under the product of the farm exclusion and there is no need for the grower to get a license or a cottage food registration in order to sell it.
If a whole food is processed, like honey, you cannot process that product in your home kitchen using the farm exclusion. You must use a facility that would meet the good manufacturing practices (GMPs) to process these items under the product of the farm exemption. Alternatively, you can chose to use the cottage food exemption to process the honey in your home kitchen. See the post Can I use the cottage food exemption to process my honey and boil my maple syrup in my home kitchen?
Source: Jane Jewett, Associate Director, Minnesota Institute for Sustainable Agriculture.
