Big Lake resident Shelley Erickson will be celebrating with the organization she helped to form, the Minnesota Cottage Food Producers’ Association (MNCFPA), on their recent legislative victory. Erickson, and the MNCFPA, have been advocating for fewer restrictions on cottage food producers in Minnesota. 

What are Cottage Foods?

Cottage foods are foods produced in a residential home and are not subject to state inspection. This would include homemade bakery items, as well as other non-potentially hazardous food items. 

Erickson stated that there are many people who create and sell these home goods, whether as a hobby to make petty cash, as a means to supplement a family income (stay-at-home parents, for example), or as a job onto itself (individuals with disabilities who are unable to work a regular job, for example). 

States that have cottage food laws have the opportunity to set limitations and qualifications for those who wish to produce and sell foods from their home, rather than having individuals do so illegally and without regulation. 

Minnesota’s Lack of Cottage Food Law

Shelley Erickson is a long-time Sherburne County resident. Her parents were from Minnesota, though they were a military family, so Erickson was born in Colorado and lived all over the world, including places such as Germany and Israel. She and her husband, Boaz, have been living in Sherburne county for the last 18 years.

Ten years ago, Erickson was working as a supervisor at the K-Mart in Monticello. She noticed a “for rent” sign in a small office space across from the store. She had been making goods such as wedding cakes and other treats from her home for friends, and thought about renting the office space in order to expand her home business. So, she started looking into what it would take to rent the space and sell her goods. 

To her shock, she discovered her little home business was completely illegal. Erickson was very upset. She didn’t want to give up her hobby or the extra cash it generated for her family, but she also didn’t want to break the law.

“I am not a very political person,” Erickson said. “But my husband is.”

After Erickson confided in her husband how upset she was to learn that producing cottage foods was illegal in Minnesota, he gave her the advice to try to change the law. And so Erickson began her decade-long journey lobbying to change cottage food law in Minnesota.

2013 Vote

At the time, Erickson’s husband was actively involved with Jim Newberger’s first campaign for the Minnesota House of Representatives. Erickson explained the issue she was facing, and Newberger agreed to help her get a bill in front of the house. 

After winning the election for district 15B in 2012, Newberger took a cottage food bill to vote on the floor in 2013. The vote was split almost perfectly along party lines, with the Republicans voting in favor and the Democrats voting against. The controlling Democrat party controlled the outcome. 

Soldiering On

Erickson was discouraged by the lack of progress she had made, but Newberger encouraged her to continue to lobby. He helped her set up a plan for meetings with the legislators and testimonies from individuals.

All this time, Erickson had continued to keep a blog on the importance of cottage food. Through the blog, and through in-person advocating, Erickson did her best to educate people about what cottage food was and why it was so important to make it legal in Minnesota. 

Erickson also spoke with individuals from Harvard, in the food law department, to gain enlightenment on how to proceed. 

Erickson said a big help and influence in the lobbying efforts came when the Minnesota Farmers’ Market Association became involved and lended their support for the bill. 

2015 Vote

The issue was once again brought before the house in 2015. This time, the bill passed, though there were still a lot of restrictions on cottage food producers. Their income was capped at $18,000, and cottage food producers could not be registered as an LLC. 

But it was a definite win. Cottage food producers were now able to work legally, and there was now a way to make sure that they were making food in a way that was safe for the consumers. The state mandated that ingredients be listed for food products sold, to avoid creating a dangerous situation for consumers with allergies and food safety training. 

Fighting Restrictions

After the success of 2015, Erickson wanted to continue to fight to lift some of the restrictions placed on those who create cottage foods, especially the income restriction. She also made it her goal to educate people on what cottage foods are and why it is important to have a law and have people follow that law.

Erickson said it was tricky to get people to care about the issue: many people have been illegally selling homemade foods for years, and without much active enforcement against the practice, they saw no issue in continuing to ignore the law. However, some restrictions are important. It is important that those creating foods for consumers be trained in food safety practices, and it’s important that the consumers are educated on what cottage foods are and how they are much less regulated than foods they would purchase at a grocery store, for example. 

Erickson started picking up helpers for the cause. She mentioned Kathy Zeman from the Minnesota Farmers’ Market Association as being helpful. Zeman had been pursuing her own lobbying goals regarding homemade pet treats, which fall under different restrictions from homemade food intended for human consumption. Megan Forbes from the Institute of Justice has also been a big help in advocating. Jennifer Carriveau of Mankato helped Erickson start the MNCFPA. The association the two started gained members who were cottage food producers from around the state. The members have helped by advocating in person at the capital whenever Erickson could not be there personally, and by raising awareness of the issue in their own communities. 

2021 Vote

Recently, the law has been changed again and will go into effect August 1st, 2021. After years of advocating, cottage food producers are now able to make up to $78,000 and are allowed to classify their business as an LLC if they so choose. 

“COVID really highlighted how important cottage foods are,” Erickson said, reflecting on the year that led up to this most recent vote. “When the grocery stores ran out of bread, the cottage food bakers were able to sell their products.”

Erickson and the MNCFPA will be holding a celebration at Gregory Park in Brainerd, July 17. The celebration will feature the chance to speak with Minnesota lawmakers, win prizes, and learn about Minnesota Cottage Food Law. Registrations are being accepted now at MNCFPA.org.