North Dakota Cottage Food Law
Tier: Freedom. Sell almost anything direct to consumer with no sales cap. Often called a 'food freedom' law — local zoning is the main remaining constraint.
None
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.
Registration: No. Food handler cert: No.
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 →
North Dakota Cottage Food Law — Full PDF report
A comprehensive report covering the North Dakota statute, every county we've researched, and authoritative source URLs.
Download PDFNorth Dakota Cottage Food Law — Official Guidance Summary
Official agency guidance changes without notice. The text below is reproduced for reference only — always confirm current rules on the agency website before relying on it.
- North Dakota Department of Healthhttps://ndlegis.gov/cencode/t23c09-5.pdf
North Dakota's cottage food rules are set by N.D. Cent. Code §23-09.5-01 through §23-09.5-02. The summary below is drawn from Crosodo's verified statute research and official agency guidance. Always confirm current requirements on the state agency website before you sell.
Program basics
- North Dakota Century Code Chapter 23-09.5, Cottage Food Production and Sales
- None
- No
- No
- No
Allowed products and sales channels
- 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.
- Transactions must be directly between the cottage food operator and the 'informed end consumer' and solely for home consumption. Products may not be sold or used in any food establishment, food processing plant, or food store. No wholesale channel is permitted.
Labeling
- 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.'
Statute excerpt
- CHAPTER 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.
Official sources
- State agency cottage food page: https://www.ndhealth.gov/foodlodging/cottagefood/
- Statute: https://ndlegis.gov/cencode/t23c09-5.pdf
Summarized from official North Dakota cottage food statute research and agency guidance. Agency rules change — verify on the official site before relying on this information.
North Dakota Counties
53 counties tracked. Pick yours for the local zoning + health department links.
View all 53 counties →City zoning rules in North Dakota
City zoning rules apply on top of the state cottage food law — home occupation, customer pickup, signage, and employees.
The Cottage Baker's Field Guide (PDF)
A 6-page reference covering all 51 jurisdictions with methodology and tier explainers — same data as this directory, ready to print and tape to your wall.
Download the PDFWas this page helpful?
North Dakota cottage food law — FAQ
Do I need a license or permit to sell homemade food in North Dakota?
Yes — No. Food handler certification: No.
What foods can I sell under the North Dakota cottage food law?
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.
Is there a sales cap for cottage food in North Dakota?
None
How good is North Dakota's cottage food law?
North Dakota is a Freedom-tier cottage food state by Crosodo's rating criteria. Sell almost anything direct to consumer with no sales cap. Often called a 'food freedom' law — local zoning is the main remaining constraint.
Cottage food laws are amended every year. This is a starting reference, not legal advice. Verify with North Dakota Department of Health and your local health department before relying on this data.