North Dakota Cottage Food Law Report
Complete reference for North Dakota's cottage food law — statute citation, sales cap, allowed products, registration requirements, and a county-by-county directory with health department, planning department, and zoning code links.
North Dakota Century Code Chapter 23-09.5, Cottage Food Production and Sales
Verbatim ExcerptCHAPTER 23-09.5 COTTAGE FOOD PRODUCTION AND SALES 23-09.5-01. Definitions. As used in this chapter: 1. "Cottage food operator" means an individual who produces or packages cottage food products in a kitchen designed and intended for use by the residents of a private home. 2. "Cottage food product" means baked goods, jams, jellies, and other food and drink products produced by a cottage food operator. 3. "Delivery" means the transfer of a cottage food product resulting from a transaction between a cottage food operator and an informed end consumer. 4. "Farmers market" means a market or group of booths where farmers and other cottage food operators sell cottage food products directly to consumers. 5. "Home consumption" means food consumed within a private home or food from a private home consumed only by family members, employees, or nonpaying guests. 6. "Informed end consumer" means an individual who is the last individual to purchase a cottage food product and has been informed the cottage food product is not licensed, regulated, or inspected. 23-09.5-02. Direct producer to consumer sales of cottage food products. 1. Notwithstanding any other provision of law, a state agency or political subdivision may not require licensure, permitting, certification, inspection, packaging, or labeling that pertains to the preparation or sale of cottage food products under this section.
Source: ndlegis.gov/cencode/t23c09-5.pdf →
Baked goods, jams, jellies, and 'other food and drink products' are broadly allowed — the definition of cottage food product is intentionally open-ended. Sales may occur at farms, ranches, farmers markets, farm stands, home-based kitchens, any other non-prohibited venue, or through delivery.
Uninspected meat products are prohibited (with a limited exception for home-slaughtered poultry under 1,000 birds per year). Cottage food products may not be sold or used in any food establishment, food processing plant, or food store (except whole unprocessed fruits and vegetables). Interstate sales of poultry products are prohibited.
No formal labeling is required for non-refrigerated products, but the operator must inform the consumer verbally or in writing that the product is not certified, labeled, licensed, packaged, regulated, or inspected. Refrigerated items (cream-filled baked goods, cheesecake, pumpkin pie, cream cheese items) must carry safe handling instructions and a statement that the product was transported and maintained frozen. All products must have either a sign at point of sale or a label stating: 'This product is made in a home kitchen that is not inspected by the state or local health department.'
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Freedom (IJ Grade A-)
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North Dakota Counties (4)
Cottage food registration usually happens at the county level. Click any county for local zoning, health department, and planning department links.
Where to verify North Dakota's rules
Data compiled from primary sources. Cottage food laws change — verify with your state agency before relying on this information.
Cottage food laws are amended every year. This is a starting reference, not legal advice. Verify with North Dakota Department of Healthand your local health department before relying on this data.