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County · Seat: Elk River · Last verified

Cottage food laws in Sherburne County, MN

Can I sell cottage food from home in Sherburne County, Minnesota?
Yes — Minnesota allows cottage food sales under a Great-tier law (cap: 78000). Locally: home kitchens are allowed; no health inspection required. Last verified May 5, 2026. Confirm with Minnesota Department of Agriculture and the Sherburne County health department before you sell.

Sherburne County is a county in Minnesota (pop. 97,820). Under Minnesota's Great-tier cottage food law (sales cap: 78000), home bakers must still clear local zoning and health rules in this county. Registration path: Yes. Start with Minnesota Department of Agriculture (state cottage food page linked below), then confirm Sherburne County health and planning requirements. Local notes for Sherburne County: home kitchen allowed; inspection not required; home occupation permit not required. No Sherburne County-specific cottage food rules found. Sherburne County is a fast-growing exurb of the Twin Cities (Elk River). Minnesota cottage food law was updated in 2025 (c 34 art 5) to raise the cap to $78,000 and index it for inflation. Download the free PDF reports below for a portable summary, and always re-check official sources before you sell.

Free downloads

Sherburne County cottage food reports

Cover of Sherburne County county cottage food report
Sherburne County county report

Zoning, permits, health department rules, and local sources for Sherburne County.

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Cover of Minnesota cottage food law PDF report
Minnesota state report

Full statute, all counties in Minnesota, and official source links.

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State law applies

Tier: Great

Minnesota's cottage food law is permissive (Great tier) — high or no sales cap, broad product list, and multiple sales channels allowed. The state baseline is workable for full-time operations; the county still controls zoning and inspection.

View state law →
County registration

Health department

Many states delegate cottage food registration and inspection to the county health department. Contact theirs for the local process.

Local zoning

Home occupation rules

The county or city zoning code governs whether you can run a home-based food business — customer visits, signage, employees, floor area.

County rules

Home kitchen, inspection, and zoning rules for Sherburne County

State baseline: Minn. Stat. §28A.152

Home kitchen
Home kitchen allowed
Yes
Restrictions
Minnesota cottage food law (§28A.152, 2025 amendment): $78,000 annual sales cap (CPI-indexed, 2025 amendment). Two tiers: Tier 1 (~$7,665/year, free online registration training only); Tier 2 (up to $78,000, $50 training course renewed every 3 years, $30 annual registration fee). Allowed: non-PHF foods including baked goods, condiments, dry goods, fermented foods, preserves, snacks, juices, home-canned goods (pH ≤4.6 or aw ≤0.85). No indirect sales (direct to consumer only). No inspection.
Separate dedicated kitchen
No
Pet restrictions
No specific restriction under Minnesota cottage food law.
Water supply
No specific requirement.
Handwashing
No specific statutory requirement; training course covers food safety practices.
Food storage
Non-PHF shelf-stable foods only; home-canned goods with specific pH/water activity requirements.
Inspection & permitting
Inspection required
No
Inspection trigger
No inspection authority for MN Cottage Food Producer registrations.
Home occupation permit
Varies
Permit details
Sherburne County (Elk River) municipalities may have home occupation zoning requirements. Minnesota does not expressly preempt local zoning for cottage food operations. Operators should verify with Sherburne County planning or local township.
Local business license
Varies
Customer-facing
On-site customer pickup
Yes
On-site signage
Conditional
Delivery / pickup
Direct to consumer only; no retail/wholesale. Sales at home, farmers markets, events permitted. Home-canned goods cannot be shipped out of state.
Max employees in home
No employee limit specified in Minnesota cottage food law.
Zoning code
Relevant code section
No Sherburne County-specific cottage food code identified.
Local notes

No Sherburne County-specific cottage food rules found. Sherburne County is a fast-growing exurb of the Twin Cities (Elk River). Minnesota cottage food law was updated in 2025 (c 34 art 5) to raise the cap to $78,000 and index it for inflation.

Minnesota statute (state law)

Minnesota Statutes §28A.152 - Cottage Foods Exemption

Citation: Minn. Stat. §28A.152
Verbatim excerpt

28A.152 COTTAGE FOODS EXEMPTION. Subdivision 1. Licensing provisions applicability. (a) Except as provided in paragraph (d), the licensing provisions of sections 28A.01 to 28A.16 do not apply to the following: (1) a person who prepares and sells food that is not potentially hazardous food, as defined in Minnesota Rules, part 4626.0020, subpart 62, if the following requirements are met: the prepared food offered for sale under this clause is labeled to accurately reflect the name and the registration number or address of the person 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."; and (2) a person who prepares and sells home-processed and home-canned food products if the following requirements are met: (i) the products are pickles, vegetables, or fruits having an equilibrium pH value of 4.6 or lower or a water activity value of .85 or less; (iii) the person displays at the point of sale a clearly legible sign or placard stating: "These products are homemade and not subject to state inspection."; and (iv) each container of the product sold or offered for sale under this clause is accurately labeled to provide the name and the registration number or address of the person who processed and canned the goods, the date on which the goods were processed and canned, ingredients and any possible allergens, and the statement "These products are homemade and not subject to state inspection." Subd. 2. Direct sales to consumers. (a) A person qualifying for an exemption under subdivision 1 may sell the exempt food: (1) directly to the ultimate consumer at a community event or farmers' market; (2) directly from the person's home to the ultimate consumer; or (3) through donation to a community event with the purpose of fundraising. (d) Food products exempt under subdivision 1 may be sold over the Internet. Subd. 3. Limitation on sales. A person selling exempt foods under this section is limited to total sales with gross receipts of $78,000 or less in a calendar year. Subd. 4. Registration. A person who prepares and sells exempt food under subdivision 1 must register annually with the commissioner. The annual registration fee is $30. Subd. 5. Training. A person who sells exempt food under this section and is required to pay the registration fee in subdivision 4 must complete a safe food handling training course that is approved by the commissioner before registering under subdivision 4.

Source: revisor.mn.gov/statutes/cite/28A.152
Full Minnesota state report (with PDF download) →
Common questions

Sherburne County cottage food — FAQ

Do I need a permit to sell cottage food in Sherburne County, Minnesota?

Home occupation permit: Varies. Sherburne County (Elk River) municipalities may have home occupation zoning requirements. Minnesota does not expressly preempt local zoning for cottage food operations. Operators should verify with Sherburne County planning or local township. State cottage food registration may also apply — check the Minnesota guide at https://crosodo.com/states/minnesota.

Is a health inspection required for home bakers in Sherburne County?

Inspection: No. Trigger: No inspection authority for MN Cottage Food Producer registrations.. Non-TCS baked goods are often exempt from kitchen inspection under state cottage food law, but local rules can differ.

What foods can I sell under Minnesota cottage food law in Sherburne County?

Non-potentially hazardous foods (those not requiring refrigeration) including baked goods, candies, condiments (honey, pickles, mustards, nut butters, salsas, sauces), dry goods (coffee, cereals, dried fruit/vegetables, herbs, pasta, spices, tea), pastries, preserves (jams, jellies, fruit butters, applesauce), snacks (granola, popcorn, chocolate-covered items), fermented foods, and juices. Home-processed and home-canned products with pH 4.6 or lower or water activity 0.85 or less (the original 'Pickle Bill' category) are also permitted. County zoning does not expand the state product list — if a food is banned by Minnesota, it stays banned. Verify with the state agency before selling.

What is the sales cap for cottage food in Minnesota?

Minnesota state law lists cottage food sales at 78000. There is typically no separate county sales cap, but local permits or zoning can still limit operations.

Do I need a home occupation permit in Sherburne County?

Home occupation permit: Varies. Sherburne County (Elk River) municipalities may have home occupation zoning requirements. Minnesota does not expressly preempt local zoning for cottage food operations. Operators should verify with Sherburne County planning or local township.

Quick comparison

Sherburne County vs. bordering counties

RegulationSherburne County
This county
Wright CountyStearns County
Home kitchen allowedYesYesConditional
Separate dedicated kitchenNoNoNo
Pets allowedNo specific restriction under Minnesota cottage food law.Not explicitly prohibited by state statute; kitchen must maintain sanitary conditions.No specific state prohibition; standard food safety practices apply.
Inspection requiredNoNoNo
On-site customer pickupYesYesConditional
On-site signageConditionalConditionalConditional
Delivery / pickupDirect to consumer only; no retail/wholesale. Sales at home, farmers markets, events permitted. Home-canned goods cannot be shipped out of …Direct sales permitted. Home-canned products may not be sold outside of Minnesota. Other cottage food products can be sold at any venue inc…Sales at farmers markets, roadside stands, on-farm, direct, online (in-state only), and certain retail channels. Home-canned products may n…
Home occupation permitVariesVariesVaries
Local business licenseVariesVariesVaries
RestrictionsMinnesota cottage food law (§28A.152, 2025 amendment): $78,000 annual sales cap (CPI-indexed, 2025 amendment). Two tiers: Tier 1 (~$7,665/y…Annual sales capped at $78,000 (2025 amendment, CPI-indexed with July 2025 base). Two-tier system: Tier 1 (up to ~$7,665/year) requires fre…Minnesota two-tier system: Tier 1 (up to ~$7,665/year) requires free Cottage Food Producer Registration Training. Tier 2 (up to $78,000/yea…
Food storageNon-PHF shelf-stable foods only; home-canned goods with specific pH/water activity requirements.Non-TCS (non-refrigerated) finished products required. Home-canned products must have pH 4.6 or lower or water activity 0.85 or less. Store…Non-PHF products only; proper storage to prevent contamination required.
Population97,820142,543158,622
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