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Minnesota cottage food law: Chili oil and oil-based products

Chili oil and oil-based products require refrigeration for food safety and therefore, cannot be sold as cottage foods, since cottage food products must not require refrigeration for food safety. 

Chili oil is a flavorful condiment made by infusing hot oil with chili flakes and spices such as garlic. It has roots in many culinary traditions, including Chinese, Mexican, and Italian cuisines. When prepared at home, chili oil garlic-in-oil and other oil-based products require strict time and temperature controls for safety.

Why are oil-based foods risky?

Oil creates a low-oxygen (anaerobic) environment and when low-acid foods such as garlic, herbs, or chili peppers are submerged in oil, the combination of low oxygen, low acidity  and room temperature storage creates the ideal condition for the foodborne illness-causing microorganism Clostridium botulinum to grow and produce a dangerous neurotoxin called botulinum toxin that causes botulism.

Spores of Clostridium botulinum are naturally present in the environment. They can be found in soil and on agricultural products such as garlic, herbs, and dried chili flakes. While the spores are harmless, when these spores are placed in a low-oxygen and low-acid environment, such as oil, they can germinate into active (vegetative) cells and produce botulinum toxin. When consumed, it can cause botulism, a serious and potentially life-threatening illness. 

Symptoms of botulism may include:

  • Blurred or double vision
  • Drooping eyelids
  • Slurred speech
  • Difficulty swallowing
    Muscle weakness
  • Difficulty breathing

Safely bottling hot sauces

For years, Tyler Baumann toyed with the idea of launching his own hot sauce brand. The barriers seemed too high until he discovered Minnesota’s cottage food law, making it possible to start his full-fledged hot sauce business from home. 

Read Tyler's story

Alternatives to chili oil

You can still offer your signature flavor by adapting your product to meet the Cottage Food requirements.

Dried chili spice blend

Create a dry chili seasoning mix that customers can use at home. It’s best practice to include clear instructions for safely preparing homemade chili oil, including the need for refrigerated storage once prepared.

Hot sauce

Consider making an acidified hot sauce with your spice blend. To ensure safety, these sauces must have a pH of 4.6 or less and receive adequate heat treatment.

Sauce preserving methods

Author: Autumn Stoll, Extension educator

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