COMMERCIAL

KITCHEN GUIDE

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 Acknowledgements
Authors: Sarah Leach, Minnesota Department of Health
John Hatzung, freshArc: architecture about food
Karen Korslund, University of Minnesota – Humphrey Linda Kingery, University of Minnesota – Northwest
School of Public Affairs Regional Sustainable Development Partnerships
Greg Schweser, University of Minnesota - Regional Michelle Leitinger, Aitkin County Environmental
Sustainable Development Partnerships Services.
Rachel Grewell, University of Minnesota - Center for Erin Meier, University of Minnesota – Southeast Regional
Urban and Regional Affairs, Summer 2013 Sustainable Development Partnerships
Ben Miller, Minnesota Department of Agriculture
Helene Murray, Minnesota Institute for Sustainable
Contributors: Agriculture
Megan O’Hara, Minnesota Institute for Sustainable
Editor: Agriculture
Brent Olson, Inadvertent Café
Jane Jewett, Minnesota Institute for Sustainable Colleen Paulus, Minnesota Department of Health
Agriculture (MISA) Linda Prail, Minnesota Department of Health
Pol Sorquist, Kindred Kitchen
Project Team: Noreen Thomas, organic farmer
Okechukwu Ukaga, University of Minnesota - Northeast
Kathryn Draeger, University of Minnesota - Regional Regional Sustainable Development Partnerships
Sustainable Development Partnerships Lisa Weiskopf, Harmony Food Coop.
David Fluegel, University of Minnesota - Regional Molly Zinns, University of Minnesota – Central Regional
Sustainable Development Partnerships Sustainable Development Partnerships
Rachel Grewell, University of Minnesota – Center for
Urban and Regional Affairs Design:
Karen Korslund, University of Minnesota – Humphrey
School of Public Affairs Brett Olson, Renewing the Countryside
Helene Murray, Minnesota Institute for Sustainable
Agriculture
Brent Olson, The Inadvertent Cafe, a subsidiary of Big Funding provided by:
Stone Products, LLC
Greg Schweser, University of Minnesota - Regional University of Minnesota
Sustainable Development Partnerships Southwest Regional Sustainable
Development Partnership
Reviewers:
Center for Urban and
Paul Hannenmann, freshArc: architecture about food Regional Affairs
Jane Jewett, Minnesota Institute for Sustainable
Agriculture Minnesota Institute for
Sarah Leach, Minnesota Department of Health Sustainable Agriculture
Helene Murray, Minnesota Institute for Sustainable
Agriculture
Megan O’Hara, Minnesota Institute for Sustainable Copy Right:
Agriculture Minnesota Institute for Sustainable Agriculture
James Topie, Minnesota Department of Health
Tim Jenkins, Minnesota Department of Health

Advisers:

Stephanie Anderson, Minnesota Department of

Agriculture M inneso ta Institute
Kathryn Draeger, University of Minnesota - Regional fo r S ustainable Ag riculture
Sustainable Development Partnerships 411 B o rlaug H all
David Fluegel, University of Minnesota – Southwest
1991 B ufo rd Circle
Regional Sustainable Development Partnerships
Valerie Gamble, Minnesota Department of Agriculture St. Paul M N 55108-1013
Paul Hannenmann, freshArc: architecture about food 612. 625. 8235
Tim Jenkins, Minnesota Department of Health misamail@umn. ed u
www. misa. umn. ed u

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 Table of Contents
For Kitchen Managers 4
How to Start a Commercial Kitchen 4
Wholesale or Retail 6
Important Considerations for Operating Your Kitchen 7
For Individual Processors and Kitchen Tenants 8
How to start your business in a community commercial kitchen 8
Determining what you want to sell 8
Creating a HACCP Plan 9
Beginning a Relationship with your Inspector 11
Licensing and Insurance 12
Plan Review 12
Labeling 13
Owner and Tenant Kitchen Checklist 14
Regulatory Grid 16
Glossary 17
Appendix
Appendix A: Example Community Kitchen 20
Appendix B: Kitchen Equipment 21
Appendix C: Regulation Matrix 23
Appendix D: Example Questions for Inspectors 29
Appendix E: Determining your Planning and Zoning Department Contact 30

Community Commercial Kitchens

Community commercial kitchens available for rent to members of the public are a
relatively new phenomenon. These kitchens are often used as incubation facilities
for beginning food entrepreneurs like caterers, product manufacturers, or food truck
operators. It may also be a means for local farmers to add value to raw product in order
to expand their marketing potential.

Community commercial kitchens are different from other community kitchens in that
they are licensed and regulated and may be used to create products for sale in wholesale
or retail markets. Some community kitchens may be available in churches, park
facilities, or through other local venues for various purposes but unless these kitchens
are licensed as commercial kitchens, they are not permitted to be used to produce
re
products for sale to the public.

This guide is intended to provide information on policies and regulations for those
looking to open or operate in a community commercial kitchen. Glossary terms will be
in bold. Tenants and owners have separate sections in this guide, but it is advantageous
for both owners and tenants to be familiar with the rules that apply to each.

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 For Kitchen Managers
How to start a community commercial kitchen:
This overview will focus only on the regulatory steps needed to open a community
commercial kitchen. The order of these steps is important BUT may vary from place
to place. Conducting a feasibility study and surveying prospective tenants in order to
determine the amount and type of demand for the kitchen is a good first step.1 After
that, discuss your plans with a health inspector, the building department, and the zoning
department early-on. When meeting with these officials, be sure to write down the date,
time, location of your meeting, and the person with whom you are meeting. This way you
will know who to contact if a problem or question should arise. It can also be helpful to
repeat instructions you receive back to the person with whom you’re meeting to be sure
that your understanding of their instructions is the same as their understanding.

Contact a health inspector to discuss your plans

It will be helpful to contact your food inspector right away to establish a relationship. 2
An early relationship can save you the hassle and
cost of having to fix unforeseen problems later on
in the process. Be sure to contact your inspector
Health Inspector:
· discuss preliminary plans
before spending money or a significant amount · identify potential issues
of time on your project. Consult your inspector
about insurance needs and then contact your insurance company.

Planning and Zoning

If a commercial community kitchen will be
the primary use of your business (i.e. it will not
be secondary to another business like a café or
Planning & Zoning
grocery store) it may be considered industrial use.
Although it may be tempting to rehabilitate a
Department:
· is a kitchen allowed in that part
kitchen facility of a previous business, you may
of town
run into trouble if the previous business was not
· do you need special permits
zoned for industrial use (Non-industrial businesses
· what inspections will you need
may include: restaurants, delis, churches, etc.).
Check with your local planning and zoning authorities to see if your commercial
kitchen plan is allowed in the location being considered. (See Appendix E for
determining your planning and zoning contact)

1. Resources on conducting feasibility studies: http://www.extension.umn.edu/rsdp/community-and-local-food/introduc-

tion/business-of-local-food-production/#marketing2
2. Map on locating your inspector: MDH http://www.health.state.mn.us/divs/eh/food/license/contactmap.html
MDA http://gis.mda.state.mn.us/territories/

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Be sure to consult with the department about
building codes. Failing to do so might force you to
tear down and reconstruct your project according
Building
to applicable state codes and guidelines. The MN
Department of Labor and Industry has directories
Department:
· needed permits and inspections
of licensed contractors. 3 Hiring an architect to
for plumbing, HVAC and
help with this process may be helpful but not
electrical work
a requirement. New building construction or
significant alterations to an existing building will
require inspections and permit(s). Electrical, plumbing, and HVAC (like installing
ventilation ducts or exhaust hoods) each typically require inspections to ensure that
additions are installed safely or by qualified professionals. Construction in small
municipalities that do not issue their own building permits will require a plumbing
inspection by the state plumbing inspector. 4

Create a kitchen plan Kitchen Plan:

· understand your equipment and
Having an idea of what products will be created infrastructure needs
in your kitchen and how many tenants will use · identify who your tenants will be
the kitchen will dictate the equipment and layout (wholesale and/or retail)
that you need. Consider how you can build your · design the workspace
kitchen for a wide variety of future tenants. If you
might have retail tenants in the future, you will need to provide specific, high-standard
equipment for retail tenants (i.e.: NSF equipment) since this is required for them. This
equipment is not required for wholesale operators, but they can use the same high-
standard equipment retail operators are required to use. Separate storage spaces for
tenant products should be maintained.

A kitchen plan must be submitted and approved by the regulating agency before
construction begins. (Work with your food inspector to determine the state or local
regulating agency you need to contact.) To ensure the approval process will happen as
quickly as possible, include all information your regulating agency has asked for. An
example kitchen map and list of potential equipment items are given in Appendix A
and Appendix B.

Your kitchen should be designed to have a logical flow, especially in regards to how
food or other processing items move from clean to dirty areas. Be prepared to discuss
with inspectors how the kitchen is set up to minimize cross-contamination. In the
example kitchen layout in Appendix A, the dirtiest equipment is located in one corner
of the kitchen (three-compartment sink, garbage, mop sink, and hand washing sink)
while the cleanest equipment areas are located in the opposite corner of the kitchen
(Slicer, scale, storage, grill, oven, etc.). Your hand washing sink should be placed in
a convenient place to minimize cross-contamination – often this is a place near the

3. MN Department of Labor and Industry directories for contractors: http://www.dli.mn.gov/ccld/licverify.asp

4. State Plumbing Inspector information: https://www.dli.mn.gov/CCLD/plumbinginspect.asp

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 door. It’s important to be able to discuss with your inspector the ways in which your
kitchen design discourages cross-contamination.

Your kitchen will need to use potable water. When constructing a commercial kitchen
on your farm, or in any area that utilizes well water, you will need to coordinate with
your MDA or MDH inspector. They will design a testing schedule with you to ensure
your water does not contain unsafe levels of coliforms, e-coli, nitrates, arsenic, or other
contaminates. If unacceptable levels of contamination are present, corrective action
will be required before you are allowed to operate out of your kitchen.

Wholesale or Retail?
Retail food preparers5 (licensed by MDH or a local MDH delegated agency) face
different regulatory standards than wholesale food manufacturers (licensed by MDA). If
your facilities are up to retail food preparer standards, then wholesale tenants will also
be able to use those facilities. It may be cheaper or easier to build wholesale facilities,
but then the variety of potential tenants may be limited. Potential retail tenants
include caterers, farmers’ market vendors, food truck operators,6 or others who prepare
ready-to-eat products directly for sale to the public.

Another potential interest for retail tenants is the sale of value-added products at
farmers’ markets. Value-added products have been processed - like jams or salsas.
Unprocessed products, like raw vegetables and berries, are exempt from licensing or
kitchen requirements. Two exemptions called the “Pickle Bill”7 and the “Not Potentially
Hazardous Foods”8 allow for limited sales of certain home baked and home canned foods
without licensing or certification. Since commercial kitchens are designed for wholesale or
retail preparers who wish to sell beyond the limitations of these exemptions, tenants must
meet licensing and certification requirements to operate in those kitchens.

Wholesale operations involve sales to other entities that are one or more steps away
from the direct consumer. Wholesale sales may be to grocery stores, farm-to-school,
farm-to-institution, and sales to aggregators or distribution companies.

Meat in Wholesale Products

Meat processing for wholesale markets is not recommended in community

commercial kitchens since additional regulations come into play. If you use more
than 3% raw or 2% cooked meat in wholesale products, then your facilities must
be under continuous inspection by a USDA Food Safety and Inspection Service
(FSIS) inspector or a Minnesota “Equal To” inspector. 9, 10
5. This is a term designed for this document and is not a term defined by MN statute and/or rule.
6. Minnesota Food Truck Association: http://www.mnfoodtruckassociation.org/
7. Pickle Bill: http://www.mda.state.mn.us/food/safety/minn-food-code-fact-sheets/pickle-bill.aspx
8. Not Potentially Hazardous Foods: https://www.mda.state.mn.us/food/business/~/media/Files/licensing/dairyfood/
fm-vendor-guide.ashx
9. Selling Poultry: http://www.mda.state.mn.us/food/safety/~/media/Files/food/foodsafety/poultrysales.ashx
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10. Approved Sources of Meat/Poultry: http://www.mda.state.mn.us/food/safety/~/media/Files/food/foodsafety/meatpoultry.ashx
Wholesale production of sandwiches or pizzas containing meat products may be
exempt under specific conditions from this requirement for continuous inspection,
but refer to footnote nine and ten for an MDA document describing approved
sources of meat and poultry.

Meat used by Food Preparers

“Food preparers”5 in the community commercial kitchen context are people who make
ready-to-eat food in the kitchen and then deliver it to a location where it is eaten.
Their sales are considered retail since the food is being sold directly to the consumer.
Since they are not selling wholesale, food preparers5 do not face the same restrictions
as above, but meat used must be an “approved source.” That means it must be processed
at a USDA-inspected or Minnesota “Equal To” plant and stamped with either the
USDA or State of Minnesota symbol indicating that it was inspected and passed.

Important Considerations for Operating

your Kitchen
Coordinator

There should be a coordinator (kitchen manager/owner) who can communicate

between all kitchen tenants and inspectors to make sure everyone is on the same
page, aware of each other’s processes, and know of important issues (storage, cross-
contamination threats, etc). Coordinators are especially important for managing
the kitchen schedule and being a go-to person for problems when a tenant is using
the kitchen.

Food Manager Certification and Person In Charge

Each tenant in a community commercial kitchen must be, or employ, a Certified Food
Manager 11, 12 (CFM). If the kitchen owner is preparing food in the kitchen space,
they need to be, or employ, a CFM as well. The CFM is responsible for ensuring the
safety of day-to-day operations and to make sure that the operation adheres to food
code. Depending on your local ordinances, a CFM or a Person In Charge (PIC) may
be required to be on site at all times that food is being prepared. If the CFM will not
be present during all hours food is being produced in the kitchen, they must train and
appoint a PIC (often another employee) who will be responsible for oversight on a
given shift and be responsible for food safety. It is recommended, but not required by
state law, that the commercial community kitchen owner, manager, or coordinator be a
CFM even if they are not making products in the kitchen.

11. Food Manager Certification and Training: http://www.health.state.mn.us/divs/eh/food/fmc/index.html

12. Food Manager Certification through U of M Extension: http://www.extension.umn.edu/food/food-safety/courses/

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 For Individual Processors and Kitchen Tenants:
How to start your business in a community
commercial kitchen:
If you are starting a new business, various resources are available to help you such as
“Starting a Food Business in Minnesota” (2008) - a MDA publication.13 Another
useful resource for those starting a business or adding to their current business plan
is AURI (Agricultural Utilization Research Institute),14 a free service for residents
of the state of Minnesota. AURI is able to help with questions involving product
development, product labeling, and marketing.

Determining what you want to sell

An important first step to producing value-added
Determine Foods &
products in a community commercial kitchen is
to clarify what type of food(s) you want to work End Products:
with and what you plan to do with your product. · ID potentially hazardous foods
Your food(s) and end use will determine the · any potential allergens
certifications and licensing you must meet. · what licenses will you need

What food(s) do you want to use?

Possibilities abound when making value-added food products. You will need to know
ahead of time what products you want to produce and what ingredients you will use in
those products. Inspection and licensing revolves around menu and flow of food (the
sequence of steps to turn raw materials into manufactured food products). Things to
prepare to talk about before contacting your inspector include potentially hazardous
foods,15 ingredients, and equipment you will use. This is because minimizing cross-
contamination is very important. Cross-contamination is a major contributor to the
spread of food-borne illness. If you want to make any changes to your ingredients,
menu, or processes; you will need to notify your inspector. For ideas on what processing
methods might be applicable to your particular produce, see Appendix C.

Allergens

When creating value-added products, it is important to be aware of any potential allergy-

related issues in your product. Many recalls of food products are related to misbranding

13. “Starting a Food Business in Minnesota” (2008): http://www.mda.state.mn.us/~/media/Files/food/business/starting-

foodbiz.ashx
14. AURI http://www.auri.org/wp-content/assets/legacy/research/Nutritional labeling brochure 02 05 web.pdf
15. MN Food Code on Potentially Hazardous Foods: https://www.revisor.leg.state.mn.us/rules/?id=4626.0020

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and undeclared allergens. Even if you are exempt from ingredient or nutrition labeling,
listing potential allergens is a service to people who suffer from food allergies.16

Exemptions

Depending on what you would like to sell and how much you would like to sell, you
may or may not need to operate out of a commercial kitchen. A piece of legislation
called the “Pickle Bill”17 allows for sales up to $5,000 of certain home processed and
home canned foods without licensing or certification.

A separate exemption for “Not Potentially Hazardous Foods”18 allows up to

$5,000 in sales of non-hazardous foods (ie: baked goods) without licensing or
certification. This means, a person could sell a maximum of $10,000 in exempt
goods each year without licensing and certification if no more than $5,000 of the
goods met Pickle Bill exemption status and no more than $5,000 of the goods met
“Not Potentially Hazardous Foods” exemption status. Commercial kitchens are
designed, however, for retail producers who wish to sell beyond the limitations
of these two exemptions, so tenants must meet licensing and certification
requirements to operate in a commercial kitchen.

Creating a HACCP Plan

Create a HACCP plan:
The Hazard Analysis and Critical Control · ID foods which need to be
Point (HACCP) system is a way to ensure food covered by the plan
products are produced safely. Businesses creating · develop list of ingredients,
food products create a HACCP plan to help materials, equipment, and recipes
them and their inspectors identify where and · develop a process flow diagram
how a food safety issue could occur. The plans · verify the process flow diagram
are proof that proper safety precautions are being with your inspector
used as well as a guide to what might be wrong if
an issue with the food product came to light. There are seven principles of HACCP: 1)
Conduct a hazard analysis 2) Identify critical control points 3) Establish critical limits
for control points 4) Establish monitoring procedures 5) Establish corrective actions 6)
Establish record keeping procedures 7) Verify procedures.

Key steps of the HACCP plan include 1) Identifying which foods need to be covered
by the plan 2) Developing a list of ingredients, materials, equipment, and recipes 3)
Developing a process flow diagram and 4) Verifying the process flow diagram. More
detailed information on HACCP and how to complete these key steps are available in
the MDA document listed in the footnote of this page.19

16. More information on food allergens: http://www.mda.state.mn.us/food/safety/food-ingredient-allergies.aspx

17. Pickle Bill: http://www.mda.state.mn.us/food/safety/minn-food-code-fact-sheets/pickle-bill.aspx
18. “Not Potentially Hazardous Foods”: https://www.mda.state.mn.us/food/business/~/media/Files/licensing/dairyfood/
fm-vendor-guide.ashx
19. MDA HACCP Plan Creation Guide: http://www.mda.state.mn.us/news/publications/food/haccpbook.pdf 9
 Five Classifications for Licenses:
Jurisdiction Classification Description Example:
A food entrepreneur who uses
Wholesale A person/entity who
apples from a local orchard to
Food processes raw food
make frozen, uncooked apple
Processor into food products
pies.
A local food hub that
aggregates local products
Person/entity who and puts together orders for
Wholesale
sells food product to wholesale buyers. For example,
Food Handler
others for resale it purchases cases of apple
pies to re-sell to area resorts,
MDA
restaurants, and others.
(Minnesota
Statute A CSA farmer wants to
28A.05 & diversify her weekly shares
Person/entity who
28A.06) with a variety of local
Retail Food sells food product
products, so she purchases
Handler directly to the
apple pies from the local food
ultimate consumer
hub and includes pies in her
weekly CSA boxes
A food entrepreneur who sells
Person selling from a apple pies from her permanent
Retail
mobile unit or a retail business wants to sell her
Mobile Food
food vehicle, portable apple pies from a trailer at
Handler20
structure, or cart the farmers’ market as well to
increase her customer base.
• A caterer who wants to
serve slices of ready-to-eat
Person/entity who
apple pies at the dessert
MDH makes prepared
Food table at a retirement party.
(Minnesota food that will be
Preparer21 • A farmers’ market vendor
statue 157) sold directly to end
who sells slices of pie for
purchasers of this food
customers to sit down &
eat at the market.

20. Your inspector will help you determine whether you qualify as a mobile food handler depending on your business.
21. This is a term designed for this document and is not a term defined by MN statute and/or rule.

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Beginning a Relationship with your Inspector
It is a good idea to begin a relationship with an
inspector from your licensing agency early in the
planning process. To find your inspector, see the
Contact Your
links in the footnote of this page.22 Before you
contact the inspector, have as complete of an idea
Inspector:
· have product details as specific
of the products you want to create as possible. This
as possible
will allow inspectors to have a better idea of what
· be prepared with specific
you intend to do and make it easier for them to help
questions
you. Inspectors want to help but are trained to think
in regulatory terms. General, vague, or wide-open
exploratory questions should be avoided. Instead, ask detailed questions and have specific
answers about what you want to do. See Appendix D for examples.

What do you plan to do with your product?

There are five main categories of licensing that an individual tenant may meet. Your
particular operation may meet multiple classifications in the previous table. If you make
your product in the community commercial kitchen and only sell your product from
that location, then you will need a license for the activity that is the majority of your
business. Your inspector will help you determine which license this should be. If you
are making or selling food from another permanent location besides the community
commercial kitchen, you will need an additional license for that other location. What
kind of license you need at the other location will depend on what you’re selling there.
If you plan to sell food at other locations from a mobile unit or a portable stand, you
will need a mobile license as well as your permanent location license.

Example: June’s Apple Pies

June is using apples from her orchard to make pies in a community commercial
kitchen. She mostly makes raw, frozen pies to sell at the local grocery store
(wholesale food processor). On Tuesdays, she sells baked slices of her pies
in the café at the front of the community commercial kitchen to try to make
more people aware of her product (food preparer) but this is a small portion
of the total income from her pies. June works with her inspector and obtains a
MDA wholesale food processor license since this is the majority of her sales.

June is thinking about selling her frozen pies from a trailer at a local farmers
market the first Saturday of every month (retail mobile food handler). After
discussing her goals with her inspector, she obtains a Retail Mobile Food
Handler license from MDA so that she can sell pies from her mobile unit.

22. MDA Inspector: http://gis.mda.state.mn.us/territories/

MDH or Local Inspector: http://www.health.state.mn.us/divs/eh/food/license/contactmap.html

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 Licensing and Insurance
Individual tenants must be licensed by the
Obtain License and
appropriate agency (MDA, MDH, or MDH
delegated authority). Tenants must either be
Insurance:
· obtain CFM
trained as Certified Food Manager23 (CFM) or
· train a PIC
employ a CFM. A kitchen owner must also meet
· contact your insurance agent
this requirement if the owner is using the kitchen
to create food. The CFM must train a Person In
Charge (PIC) if the CFM will not be present during all hours of operation. Course cost will
depend on the instructor who is offering the course. The cost to apply for state certification
or renew certification is currently $35. This cost should be included in your business plan
so it can figure into product pricing and the general cost of doing business. Other Food
Manager Certification programs like ServSafe24 are also acceptable.

In addition to licensure, both the community commercial kitchens and the individual
tenants must carry their own insurance policies. Contact your insurance agent prior to
operating out of a community commercial kitchen. General liability insurance will
protect the kitchen and tenants against liability claims from someone being injured on
the kitchen premises; product liability insurance will protect against liability claims
if the food you prepare makes people sick; property insurance will protect you if any
of your own equipment stored at the kitchen is stolen or damaged; and workers’ comp
insurance will protect you if your workers are injured at work.

Separate licensing and insurance requirements of both kitchen managers and tenants
is required in order to ensure that all consumable products created in the kitchen are
as safe as possible. Since these are necessary costs of doing business, it is important to
incorporate licensing and insurance costs into the business plan. Set the price for your
product after you have factored in all of the costs of running your business.

Plan Review
Have Production
Each user of a community commercial kitchen will
need to complete a plan review with a MDA, MDH,
or local inspector in order to use the kitchen. A
Plan Created:
· contact MDA or MDH, based on
plan review will enable the appropriate department your licensing classifications
to see if the products you intend to create are made
in a safe manner and in approved facilities. In most cases, food processors manufacture
their products in a facility that they own or operate. In the case of community commercial
kitchens, many different processors share a facility. This might be a new concept to some
inspectors so it will be useful to coordinate this process with the community commercial
kitchen owner/manager and their inspector too.

23. Certified Food Manager and Food Manager’s Certificate: http://www.health.state.mn.us/divs/eh/food/fmc/index.html

24. ServSafe Certification: http://www.hospitalitymn.org/displaycommon.cfm?an=1&subarticlenbr=293

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For those creating prepared, ready-to-eat foods, contact your state or local MDH
inspector25 to begin the plan review process.

If you are looking to create:

• Foods that are considered ingredients or components (a customer would
have to take further steps before the food is ready-to-eat) and/or,
• Food products that will be sold to consumers through a different food
business than your own
the Minnesota Department of Agriculture has jurisdiction over these foods.
Contact your inspector to check if MDA conducts a formal plan review for
your license activity.

Labeling
Prepackaged food products offered for customer self-service are required to have a label.
The process of designing a label and having it reviewed can take longer than it would
seem. Working with a group like AURI26 from
the beginning of your product development may
be a good idea. There are various companies you
Design Product
can hire to test your product to determine the
nutrition facts panel information if you send them Label:
a sample. FDA exemptions27 exist for labeling · consider obtaining outside help
if you do not make claims about your product and optional MDA review
and you produce fewer than 10,000 units of each · keep label as simple as possible· ·
product in a year and have fewer than 10 full · print only as needed until you
time employees. receive MDA suggestions

A key part of creating a label is meeting very specific guidelines28 for label design. It is
not required to submit your label to your inspector to be reviewed, but it may be a good
idea to ensure you won’t need to redo your labels or recall your product in the future.
You are allowed to sell products while you are waiting for MDA to review your product
label. The MDA label review process can take a long time, so it is best if you only
print labels as-needed or in small batches until you hear whether your label should be
changed in any way.

Be wary of too much creativity with the design of your label. Food labels have very
specific requirements. Any claims made on a label must be able to be verified. For
example, a product cannot say “Made with eggs high-in omega-3 fatty acids” just
because the chickens that produced the eggs were fed flax meal. This claim can only
be made if the eggs were formally tested and shown to be high in omega-3 fatty acid
compared to regular eggs.
25 Finding your local or state MDH contact: http://www.health.state.mn.us/divs/eh/food/license/contactmap.html
26 AURI: http://www.auri.org/wp-content/assets/legacy/research/Nutritional labeling brochure 02 05 web.pdf
27 FDA Exemptions: http://www.mda.state.mn.us/food/safety/basic-label-req.aspx
28 Lable Creation Guidelines: http://www.fda.gov/Food/GuidanceRegulation/GuidanceDocumentsRegulatoryInforma-
tion/LabelingNutrition/ucm064866.htm

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 Owner Checklist:
n Contact health inspector and discuss plans

n Discuss preliminary plans

n ID any potential issues
n Discuss insurance needs

n Contact your relevant planning and zoning department or local official (city/
township/county/etc.)

n Find out if kitchen is allowed on the location you want

n Discuss if you need any special permits
n Find out what inspections you will need

n Contact your building department or local official

n Consider hiring a contractor

n Consider hiring an architect
n Discuss which permits and inspections are needed (plumbing/HVAC/etc.)

n Create a kitchen plan

n Understand equipment options and infrastructure needs

n Identify who your tenants will be (wholesale/retail)
n Design the workspace

n Decide on a coordinator to communicate between kitchen tenants

n Receive CFM training if you plan to process food in the kitchen as well

n Investigate other licensing you will need by continuing to Kitchen

Tenant Checklist

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Kitchen Tenant Checklist:
n Determine what you want to sell

n ID potentially hazardous foods

n ID potential allergens
n Determine license(s) you need

n Create a HACCP Plan

n Identify foods which need to be covered by the plan

n List of ingredients, materials, equipment, and recipes
n Create a process flow diagram
n Verify the process flow diagram with your inspector

n Begin a relationship with your inspector

n Have product details as specific as possible

n Be prepared with specific questions for your inspector

n Obtain license(s) and insurance

n Complete CFM training or hire a CFM

n Train a PIC (or PICs) if CFM will not be present at all times
n Contact your insurance agent

n Have production plan complete

n Contact MDA, MDH, or both based on your licensing needs

n Design a product label

n Consider obtaining outside help and optional MDA review

n Keep label as simple as possible
n Print only as needed until you receive feedback on your label

15
 Regulatory Grid (Select Examples, Not all-inclusive):
Regulator Jurisdiction/Authority
Agency
• Enforces USDA regulations
MDA • Wholesale Food Processor or Manufacturer Licensing;
Wholesale or Retail Food Handler Licensing
• Enforces the Minnesota food code under the authority
granted in MN Statutes, section 157. The MN food code
MDH
is based on the 1995 FDA model food code.
• Retail Food and Beverage Service Licensing
• Food Safety Inspection Service (FSIS) ensures commer-
cial meats (excluding game meats like venison), poultry,
USDA
and egg products are safe, wholesome, and correctly
packaged/labeled.
• Ensures foods not under the USDA Food Safety Inspec-
FDA tion Service (FSIS) jurisdiction are safe, wholesome, and
correctly labeled.
• Local specifications may affect the type of processing
Local Planning and
Zoning
that can be conducted (wholesale or retail) and commu-
nity kitchen specifications.
MN Department of
Public Safety
• Alcohol licensing
• May provide inspectors for community kitchen projects
County or City and retail/wholesale operators within the kitchen, if the
Health Office county or city is a “delegated authority” under MDH or
MDA.29

29. Delegation Map: http://www.health.state.mn.us/divs/eh/food/license/delegation.html

16
Glossary
CFM: Certified Food Manager. This person is responsible for ensuring the safety of
day-to-day operations and to make sure that the operation adheres to food code. This
may be an owner, kitchen manager, and/or coordinator, but each tenant must have a
CFM or must themselves be a CFM. If the CFM will not be present at all times during
operations in the kitchen, the CFM must appoint and train a Person In Charge (PIC)
who is responsible for oversight on a given shift and responsible for food safety.

Chain of custody: the documentation that each supplier or handler was an “approved
source” of product and/or properly licensed for the activity they performed along the
entire supply chain back to the farm gate.

Critical control point: “Critical control point” means a point or procedure in a specific
food system where loss of control may result in an unacceptable health risk.

Cross-Contamination: the process by which bacteria or other microorganisms are

unintentionally transferred from one substance or object to another, with harmful
effect.

Farmers’ Market: an association of three or more people who sell their farm- or
garden-grown wares in public venues

FDA: the Food and Drug Administration is an agency of the U.S. Health and Human
Services that is responsible for protecting public health. One aspect of this mission is
food safety.

Food preparer:30 A person who plans to make prepared food that will be sold directly
to purchasers of this food (example: event caterer). This falls under the jurisdiction of
MDH.

FTE: Full time equivalent. Minnesota law does not define employees as full or part
time, rather Minnesota Rules 5200.017031 defines a workweek. A workweek is a fixed
and regularly recurring period of 168 hours, seven consecutive 24-hour periods. For the
purpose of overtime calculation Minnesota Statutes 177.2532 states hours worked in
excess of 48 hours in a workweek must be paid at one-and-one-half times the regular
rate of pay.

General liability insurance: Protect the kitchen and tenants against liability claims
from someone being injured on the kitchen premises.

HACCP Plan: “Hazard analysis critical control point (HACCP) plan” means a
written document that delineates the formal procedures for following the HACCP
principles developed by the National Advisory Committee on Microbiological Criteria
for Foods.
17
 MDA: Minnesota Department of Agriculture. In charge of Wholesale Manufacturer
Licensing, and Wholesale or Retail Food Handler Licensing.

MDH: Minnesota Department of Health. In charge of Retail Food and Beverage

Service licensing.

Not Potentially Hazardous Foods exemption: Applies if selling less than $5,000 per
year of baked goods such as fruit pies, cookies, or breads. Sellers must post a visible sign
saying “These products are homemade and not subject to state inspection.”

NSF Equipment: The National Sanitation Foundation (NSF) creates standards and

certification to be benchmarks for all commercial foodservice equipment that is used
for retail enterprises.

PIC: “Person in charge” means the individual present at a food establishment who is
responsible for the operation at the time of inspection. They are trained and appointed
by the CFM.

Pickle Bill Exemption: Allows for limited sales of certain home processed and home
canned foods without licensing or certification.33

Potable Water: Water safe enough to be consumed by humans or used with low risk of
immediate or long term harm.

Potentially Hazardous Foods: means a food that is natural or synthetic and is in a form
capable of supporting rapid and progressive growth of infectious/toxic microorganisms
such as Clostridium botulinum and Salmonella enteritidis.

Examples of potentially hazardous foods:

• Food from an animal origin that is raw or heat treated.
o Examples: Eggs, milk, meat, and poultry.
• Food from a plant origin that is heat treated.
o Examples: Cooked rice, cooked potatoes, and cooked noodles.
• Raw seed sprouts.
• Cut melons, including watermelon, cantaloupe, and honeydew.
• Garlic and oil mixtures.

Producer: A person who grows food products for consumption.

Product liability insurance: Protects against liability claims if the food you prepare
makes people sick.

30. This is a term designed for this document and is not a term defined by MN statute and/or rule.
31. MN Rules 5200.0170: https://www.revisor.mn.gov/rules/?id=5200.0170
32. MN Statutes 177.25: https://www.revisor.mn.gov/statutes/?id=177.25

18
Processor: A person who takes raw food products and alters them for consumption by
processing the food (ie: canning, chopping, freezing, etc.)

Property insurance: Protects you if any of your own equipment stored at the kitchen is
stolen or damaged

Preparer: A person who uses raw and/or processed food products to create ready-to-eat
foods that are served to individuals

Retail food handler: Person who sells food product directly to the ultimate consumer.
They are subject to MDA regulation.

USDA: United States Department of Agriculture. Authority over meat or poultry

product grading and authority when products containing meat cross state lines.

Value-added Products: A change in the physical state of a product that enhances the
value of a product as demonstrated through a business plan (ie: the milling of wheat
into flour or the making of apples into apple butter).

Wholesale food handlers: Person who sells food product to others for resale. They are
subject to MDA regulation.

Wholesale food processor: A person who processes raw food into food items or who
packages food for sale to others for resale.

Workers’ compensation insurance: Protects you if your workers are injured at work

33. Pickle Bill: http://www.mda.state.mn.us/food/safety/minn-food-code-fact-sheets/pickle-bill.aspx

19
 Appendix A Example Community Kitchen

20
Appendix B Kitchen Equipment
Basic Equipment:

Stainless steel Highly sanitary work table made of stainless steel which
table provides easy washdown. Curved edges recommended for
safety.
Reach-in Fridge Refrigerator built for commercial food service use that has
more even cooling capacity and maximizes storage space
compared to a residential refrigerator.
Walk-in Cooler An enclosed storage space refrigerated to recommended
and Walk-in refrigeration/freezer temperatures, which can be walked into,
Freezer and has a total chilled storage area of less than 3,000 square
feet.
Commercial Freezer designed to freeze food and prevent bacterial growth
Freezer that is more powerful and operates at a more consistent
temperature than a residential freezer.
Ice Machine Machine designed to produce and store high-quality ice.
Consider the type of ice most relevant for use. (ie: full cube,
half cube, flake, or nugget)
Food prep sink A one or two compartment sink for washing produce, filling
pots/pans/steam kettles or other cooking reservoirs, and
providing water needed in recipes.
Handwashing sink Sink(s) should be placed in or immediately adjacent to any
restroom(s). Sinks should be easily accessible for persons
renting out the kitchen. Check local code for specifics they
might have on placement of handwashing sinks.
Warewashing: Recommended in case commercial dishwasher breaks. The
Three sink should have three compartments and must be able to fully
compartment sink submerge the largest kitchen utensil or pot.
Mop sink One-compartment sink for rinsing mops. Kitchen must also
accommodate place to hang mops and have curbed floor drain.
Range & Oven A unit with cooking, grilling, and broiling capacities.
Restaurant ranges are more versatile due to multiple range
arrangement options and take-up less space than heavy-duty
ranges.
Grill Feature which can be bought separately but is often included in
commercial range and oven models.
Ventilation A device with a mechanical fan that hangs above the cooktop
exhaust hood in the kitchen. It removes airborne grease, fumes, smoke, odors,
heat, and steam from the air. “Type I” indicates fire-suppression
while “Type II” indicates no fire-suppression.
21
 Other specialized equipment:
Mixer A machine for stirring, whisking, or beating ingredients. Stand
mixers good for large quantities that commercial kitchen users
may be making.
Food processer Designed to slice, shred, chop, julienne or complete any other
slicing task very quickly.
Scale Unit for measuring ingredients by weight. Variety of choices
including small, handheld units for measuring grams all the
way up to heavy-duty scales that can weigh in pounds. 
Slicer Designed to slice deli meat, slicers have adjustable cut
thicknesses. Some models designed for slicing no more than
two hours a day. Commercial kitchens requiring more slicing
capacity will find heavy-duty models that can operate all day
long.
Deep fryer Method for cooking food in hot oil. Think about pot design
and oil type with kitchen users before purchasing - both affect
the quality and flavor of fried foods. Commercial fryers come
with three different fry pot designs: tube-type, open-pot and
flat-bottom. 
Grinding mill Method for milling grains into flours.
Important Pans Sauté pan, sauce pan, stock pot, soup pot, baking pans in
and Pots various sizes, baking sheets. Kitchen users can be expected to
bring in less utilized pan types if needed for product.
Tongs, spatulas, Tongs, spatulas, knives, etc. Kitchen users can be expected to
knives, etc bring in other, less utilized utensils if needed for product.
Flash/blast freezer Freezer capable of quickly freezing food items by holding them
at temperatures well below water’s freezing point.

22
Appendix C Regulation Matrix
MN Crops Equipment
Processing
(non-exhaustive Needed (see
Methods MDA and Federal Processing
list) based on commercial
(non-exhaustive Regulations/Recommendations
the MN Grown kitchen map
list)
Directory for key)
Blanching, Boiling, Apples, Beans, Heat treated foods: Range, Oven,
Roasting, Steaming Asparagus, Beets, Potentially hazardous foods (see Food prep
before serving or Broccoli, Cabbage, Glossary) must be cooled from sink, Reach-in
further processing Carrots, Garlic, 140°F to 70°F within two hours. An Fridge, Freezer
through freezing, Greens, Hazelnuts, additional four hours is allowed to & Ice Maker
saucing, etc… Kohlrabi, completely cool the food product to
Mushrooms, 41°F. The faster foods pass through
Onions, Pears, the “temperature danger zone” as
Peppers, Potatoes, they are cooled, the better.
Pumpkins,
Rhubarb, Squash, Blanched or cooked vegetables
Sweet peas, should be cooled and/or frozen
Tomatoes quickly. If product is sold in frozen
form, it must be kept below 0
degrees F.

Quick cooling methods:

SHALLOW PANS (for soups, sauces,
gravies, etc.)
1. Put a 2 inch layer of food in a
shallow, stainless steel pan.
2. Do not cover.
3. Put the pan in a cooler where
cold air can blow across it.
4. Cover the food after it has cooled.

ICE BATH
1. Put the food container into an ice
bath.
2. Stir the food every 30 minutes - -
more often if possible.

23
 MN Crops Equipment
Processing
(non-exhaustive Needed (see
Methods MDA and Federal Processing
list) based on commercial
(non-exhaustive Regulations/Recommendations
the MN Grown kitchen map
list)
Directory for key)

Fruit Butter, Nut Apples, Berries, Fruit butter standard of identity: Range, Oven,
Butter, Chutneys Carrots, Cherries, the required soluble solids contents Food prep
Currants, Garlic, for fruit butter is not less than 43% sink, Reach-in
(Requires approved Hazelnuts, Herbs, Fridge, Freezer
HACCP Plan) Pears, Plums, Canned fruit standards of identity: & Ice Maker
Pumpkins, The required soluble solids content
Rhubarb, Squash, for fruit butter is not less than 43%.
Tomatoes For chutney4, the total soluble solids
content shall be not less than 50%

pH:
Products (chutneys, nut butters,
other) must have a pH below 4.6
in order to be considered a non-
potentially-hazardous food product.
Jams, Jellies, Apples, Berries, Jam, jelly, and preserve standards Electronic pH
Fruit Syrup, and Cherries, Currants, of identity: The required soluble meter, Range,
Spreadable Fruits Grapes, Melons, solids contents for jelly, jams and Food prep sink
(Requires approved Pears, Peppers, preserves, not less than 65%
HACCP Plan) Plums, Pumpkins,
Rhubarb,
Tomatoes

Pickling Apples, Relevant (MDA) pickling Electronic pH

Asparagus, regulations: meter, Range,
(Requires approved Beets, Berries, • When pickled food item, use a pH Food prep sink
HACCP Plan) Broccoli, Cabbage, meter, calibrate it each day of use,
Carrots, Cherries, and measure the pH of each batch
Cucumbers, processed pH must be below 4.6.
Currants, Garlic, • Keep a record of measurements
Grapes, Green and calibrations.
Beans, Melons, • pH may change as the acids are
Onions, Pears, absorbed throughout the canned
Peppers, Plums, foods. Check each batch two or
Pumpkins, three weeks after production
Radishes, • Store canned goods in a cool, dry,
Rhubarb, dark environment
Rutabagas,
Squash, Tomatoes,
Turnips, Wax
Beans.

24
 MN Crops Equipment
Processing
(non-exhaustive Needed (see
Methods MDA and Federal Processing
list) based on commercial
(non-exhaustive Regulations/Recommendations
the MN Grown kitchen map
list)
Directory for key)
Juice and Cider Apples, Juices should be heat treated to Electronic pH
Asparagus, kill any bacteria. A general heat kill meter, Range,
(Requires approved Beets, Berries, recommendation is 3 seconds at Food prep sink
HACCP Plan) Broccoli, Cabbage, 160°F for juices with a pH of 3.6 to
Carrots, Cherries, 4.0.5 Contact the MDA for specifics
Cucumbers, on your product. Dairy and Food
Currants, Garlic, Inspection Division, MDA: 651-201-
Grapes, Melons, 6027
Onions, Pears,
Pumpkins, Note on Apples: Apple juice is one
Rhubarb, Squash, source of exposure to arsenic from
Tomatoes. food. Arsenic levels cannot exceed
10 µg/kg or 10 ppb total arsenic.

Rotten or bruised apples may also

contain high levels of a toxin called
patulin. Damaged apples or parts of
apples should be thrown-out before
producing juice or cider.

Freezing/ Apples, Beans, Temperature: Food prep

Flash Freezing Asparagus, The freezer must operate at 0°F or sink, Reach-in
Beets, Berries, lower at all times. Fridge, Freezer
Broccoli, Carrots,
Cherries, Currants, Blanching:
Elderberries, Some vegetables should be
Grapes, Hazelnuts, blanched before freezing to improve
Herbs, Kohlrabi, quality. When correctly done, the
Non-Wild product will not be fully cooked
Mushrooms, by blanching, but the blanching
Pears, Peppers, denatures proteins responsible for
Plums, Pumpkins, further ripening.6
Rhubarb,
Soybeans, Squash, Fruits should not be blanched. Best
Sweet peas methods for preparing fruit for
freezing vary by fruit.7

Freezing:
Fresh fruit and blanched vegetables
can go into freezer- type, food-grade
plastic bags or containers. Additional
rules and regulations8 apply, if
produce will be vacuum packed.

25
 MN Crops Equipment
Processing
(non-exhaustive Needed (see
Methods MDA and Federal Processing
list) based on commercial
(non-exhaustive Regulations/Recommendations
the MN Grown kitchen map
list)
Directory for key)
Dehydrating/ Apples, Beans, Pre-treat fruit: with ascorbic acid, Range, Oven,
drying Berries, Cherries, honey, or fruit-juice dip for best Food prep
Currants, Garlic, color and flavor. sink, Reach-
Grapes, Herbs, in Fridge,
Mushrooms, Blanch or steam vegetables to Commercial
Onions, Pears, preserve color, texture, and taste. Dehydrator,
Peppers, Plums, Other
Sweet peas, Follow drying times exactly, dehydrator if
Tomatoes removing about 20% of moisture. approved by
Test for dryness: Cut pieces in half. It inspector.
shouldn’t look moist and shouldn’t
be sticky. You should not be able to
squeeze any moisture from the fruit.

After drying, conditioning fruit is the

process used to equalize moisture
and reduce the risk of mold growth.

To condition fruit: Pack loosely in

covered jars. Let stand for seven to
10 days. Excess moisture is absorbed
by the drier pieces.
Shake jars daily to separate the
pieces and check for moisture
condensation.  If you see moisture,
remove food and re-dry at 140 to
160 degrees Fahrenheit. If food is
moldy, discard it, throw away the
plastic freezer bag or sterilize the jar.

Store in airtight containers so

moisture doesn’t rehydrate the
product allowing microbes to grow.

Dried foods last longer in cooler

temperatures. Store up to one year
at 60°F or for six months at 80°F.

(The above information is quoted

directly from the drying instructions
in a MDA handout. To see this
handout: http://www.mda.state.
mn.us/food/safety/~/media/Files/
food/foodsafety/fs-freezedried.ashx)

26
 MN Crops Equipment
Processing
(non-exhaustive Needed (see
Methods MDA and Federal Processing
list) based on commercial
(non-exhaustive Regulations/Recommendations
the MN Grown kitchen map
list)
Directory for key)
Canned Goods Apples, Beans, Canned fruit standards of identity: Electronic pH
Asparagus, Fruit can be canned at different meter, Range,
(Requires approved Beets, Berries, syrup heaviness levels. Specific Food prep sink
HACCP Plan) Broccoli, Carrots, directions and ratios of sugar to
Cherries, Currants, water for making the syrup can be
Elderberries, found in this USDA document on
Grapes, Hazelnuts, canning fruit.9
Herbs, Kohlrabi,
Non-Wild Other canned goods:
Mushrooms, Low acid foods - such as most
Pears, Peppers, vegetables - can be canned with
Plums, Pumpkins, a hot water-bath process if they
Rhubarb, are pickled to reach a pH of 4.6
Soybeans, Squash, or lower. Vegetables on the list
Sweet peas MUST be pickled. Non-pickled low-
acid vegetables must be pressure
canned. To pressure can, the
operator must be certified and
use approved pressure canning
equipment.

Fermentation Apples, Beans, Firm, fresh fruits or vegetables Electronic pH

Beets, Carrots, should be used that have not meter, Food
(Requires approved Cabbage, spoiled. Weigh or measure prep sink
HACCP Plan) Cucumbers, ingredients carefully since the
Onions, Radishes, proportion of fresh product to
Sweet Corn other ingredients can affect safety.
Fermented products are subject
to spoilage from microorganisms
like yeasts or molds. Standard
canning jars and self-sealing lids are
important in preventing spoilage.
pH needs to be 4.6 or less for
fermented products.10

27
 MN Crops Equipment
Processing
(non-exhaustive Needed (see
Methods MDA and Federal Processing
list) based on commercial
(non-exhaustive Regulations/Recommendations
the MN Grown kitchen map
list)
Directory for key)
Baked (multi- Apples, Beans, Heat treated foods: Range, Oven,
ingredients) Asparagus, Food prep
Beets, Berries, Potentially hazardous foods (see sink, Reach-in
Broccoli, Cabbage, Glossary) must be cooled from Fridge
Carrots, Cherries, 140°F to 70°F within two hours. An
Cucumbers, additional four hours is allowed to
Currants, Garlic, completely cool the food product to
Grapes, Greens, 41°F. The faster foods pass through
Hazelnuts, the “temperature danger zone” as
Herbs, Honey, they are cooled, the better.
Kohlrabi, Melons,
Mushrooms, Non-potentially hazardous baked
Onions, Pears, goods made from fruits (like apple
Peppers, Plums, pies or muffins) do not need to be
Potatoes, held at 41°F
Pumpkins,
Radishes,
Rhubarb,
Squash, Sweet
peas, Tomatoes,
Buckwheat, Corn,
Flax, 
Sunflower, Wheat,
Wild Rice

Be aware you may need a Hazard Analysis Critical Control Point plan if you cure or smoke
food, use food additives as a method to preserve food, or use a reduced oxygen method for
packaging food. See MDA HACCP guidelines11 for more information.

28
Appendix D Example Questions for Inspectors

DON’T SAY: I am thinking about making pies, what do I need to do?

DO SAY: I want to make savory pies out of the eggs my chickens produce. I will also
use a variety of garden vegetables I grow as ingredients, as well as store-bought crusts
and store-bought dairy products. How can I get licensed for my process?

DON’T SAY: Can I make dried fruit strips?

DO SAY: I want to make fruit leathers from apples, plums, and apricots that I grow on
my farm. There won’t be any additional ingredients. I plan to use a Weston 74-1001
food dehydrator. Is there anything I might need to consider that I am not thinking of?

DON’T SAY: What do I need to do to make jam?

DO SAY: I want to make blueberry, strawberry, and blackberry jam with fruit from my
farm. I also want to make apple butter with apples I buy from a neighbor. How can I be
licensed to produce these jams?

29
 Appendix E Determining your Planning and Zoning Department Contact

30
31
 M i nneso ta Institute
for S ustainable Ag riculture
4 1 1 B o rlaug H all
1 9 91 B ufo rd Circle
St. Paul M N 55108-1013
6 1 2. 625. 8235
mi s amail@umn. ed u
w w w. misa. umn. ed u

32