Two Minnesota home bakers have dropped a lawsuit challenging a state law that limits the sale of cake, cookies and jams to $5,000 annually after Gov. Mark Dayton last month signed a bill into law that more than triples the limit and adds minor regulations.
"It seemed like an outdated, unjust law," said Mara Heck of St. Paul, who works in the insurance industry. "That I [couldn't] sell more than $5,000 worth of products unless I was at a farmers market. I love to bake, and it's something I might want to do full time from my home at some point. I just didn't want this outdated law to ever stop me.
"I think the legislation is a good compromise. I want my buyers and the state to know my ingredients and what I am making is healthy and safe to consume. I cook mostly organic. Just did a first birthday party with cookies and cupcakes. Everything had strawberries in them."
A "cottage foods exemption" amendment to an agricultural bill liberalized the former law that governed the sale of home-baked and canned goods. It permits direct sales to consumers, including community events and farmers markets, of up to $18,000 annually. The regulations include that each product be accurately labeled to provide the name and address of the food maker, the date on which contents were prepared or canned, and ingredients. A food entrepreneur with more than $5,000 in sales must pay a $50 registration fee to the commissioner of agriculture. And anyone who prepares and sells homemade food of more than $5,000 in sales also must take an education course of several hours.
Heck and co-plaintiff Jane Astramecki were represented by the Washington-based Institute of Justice in a suit filed in November 2013 that challenged the "arbitrary rules" governing their ability to sell more than $5,000 annually.
A Minnesota trial court dismissed the lawsuit last year. However, the Minnesota Court of Appeals reversed that decision and reinstated the claim in May. The court said it was "particularly concerned with the lack of evidence in the record … that shows how the venue and sale-cap restrictions are genuine or relevant" to public health concerns by state regulators.
Momoh will be a first with Hennepin bar association
Adine Momoh, an accomplished daughter of immigrants from Sierra Leone, is on course to be the youngest and the first black woman to be president of the Hennepin County Bar Association.