- Home occupation permit required:
- Conditional
- Details:
- ND statute (§23-09.5-02(1)) expressly prohibits state agencies and political subdivisions from requiring licensure, permitting, or certification for cottage food. Benson County is a rural county with Spirit Lake Nation tribal land. General zoning home occupation rules may apply broadly, but cottage food is preempted from local permitting.
- Home kitchen:
- No sales cap, no registration, no inspection, no licensing required. Direct sales to informed end consumer only. Products must include consumer advisory: 'This product is made in a home kitchen that is not inspected by the state or local health department.' Sales to food establishments, processing plants, or food stores prohibited.
Last verified 2026-05-06. Not legal advice.
