North Dakota Cottage Food Law (2026): No License, Notice and Where to Sell
At a glance
- License or permit
- None; the law bars state and local licensing, permitting, certification and inspection requirements for cottage food
- Annual sales limit
- None in the statute
- Allowed foods
- Baked goods, jams, jellies and other food and drink made in a home kitchen; no uninspected meat and limited poultry
- Where you can sell
- Directly to the buyer at a farm, ranch, farmers market, farm stand or home kitchen, at any other lawful venue, or by delivery
- Not allowed
- Sales to restaurants, food processing plants and food stores (except whole, unprocessed fruits and vegetables); uninspected meat
- Training required
- None in the statute
Who and what the law covers
A “cottage food operator” is an individual who produces or packages cottage food in a kitchen designed and intended for the residents of a private home. A “cottage food product” means baked goods, jams, jellies and other food and drink products produced by that operator. The statute does not list approved foods, so there is no recipe whitelist, and it is not limited to shelf-stable foods. Foods that need refrigeration are allowed, with an extra label (see below). The transaction must be directly between you and the “informed end consumer,” the last person to buy the product, who has been told that it is not licensed, regulated or inspected, and the food must be for home consumption. Home consumption means food eaten in a private home by family members, employees or nonpaying guests.
| Food | Allowed? |
|---|---|
| Breads, cookies, cakes and other baked goods | Yes |
| Jams, jellies and other food and drink | Yes |
| Foods that need refrigeration, such as cream or custard baked goods, cheesecake and pumpkin pie | Yes, with a label safe handling instructions and a disclosure statement are required |
| Poultry products | Limited only if you slaughtered no more than 1,000 birds that year, raised them yourself, buy and sell no other poultry, and the product is not interstate commerce |
| Uninspected meat products | No |
| Whole, unprocessed fruits and vegetables to a store or restaurant | Yes the one exception to the ban on selling to food establishments |
| Any other cottage food to a restaurant, food processing plant or food store | No |
Your duties as a seller
| Topic | What the law says | Where it comes from |
|---|---|---|
| Tell the buyer | Inform the end consumer that the food is not certified, labeled, licensed, packaged, regulated or inspected. | NDCC 23-09.5-02(5) |
| Sign or label | Display a consumer advisory sign at the point of sale, or put a label on the product, with this statement: “This product is made in a home kitchen that is not inspected by the state or local health department.” | NDCC 23-09.5-02(8) |
| Foods that need refrigeration | Label foods such as cream, custard, meringue, cheesecake, pumpkin pie and cream cheese baked goods with safe handling instructions and a product disclosure statement saying the product was transported and maintained frozen. | NDCC 23-09.5-02(7) |
| Brand and animal health | The law does not change brand inspection or animal health inspection requirements. | NDCC 23-09.5-02(6) |
| Sick household members | A cottage food operator or household member with symptoms of a contagious or infectious disease may not knowingly handle or prepare cottage food or work in the production area. | N.D. Admin. Code 33-33-10-05 |
100 Example Road, Fargo, ND
Where you can sell
- Directly to the consumer. The law lists a farm, ranch, farmers market, farm stand, home-based kitchen, or any other venue not otherwise prohibited by law, or through delivery.
- Not to businesses. Except for whole, unprocessed fruits and vegetables, cottage food may not be sold or used in a food establishment, food processing plant or food store.
- Online and by mail. A 2025 bill, Senate Bill 2386, struck from the statute the earlier ban on sales over the internet or phone, through the mail or by consignment, and the ban on interstate commerce except for poultry. The current Century Code text we read no longer contains those bans. Federal rules and the destination state’s rules still apply to anything you ship across state lines.
Inspections and complaints
No agency may require inspection of cottage food, but the Department of Health and Human Services or a local regulating authority may investigate a complaint of illness or an environmental health problem. Under the department’s rules it can enter the cottage food production area, point of sale or venue, and you may ask to see credentials. If the investigation links a hazard to your operation and you did not take reasonable measures against contamination or misbranding, the department can act under the state food, drug and cosmetic law and require a plan of correction. An agency may also give help or consultation, or inspect, if you ask.
Insurance and local rules
The law does not remove your liability if someone gets sick. Product liability coverage is worth considering. See our guide to liability, risk and insurance. The Cottage Food Act limits what a political subdivision can require for cottage food, but zoning, home occupation, your HOA covenants and your lease can still matter. For background, see our planning and zoning guide.
Frequently asked questions
Do I need a license to sell homemade food in North Dakota?
No. A state agency or political subdivision may not require licensure, permitting, certification, inspection, packaging or labeling for cottage food sold under the Cottage Food Act.
Is there a sales limit in North Dakota?
The statute sets no sales limit.
What does the sign or label have to say?
“This product is made in a home kitchen that is not inspected by the state or local health department.” You must also tell the buyer the food is not certified, licensed, regulated or inspected.
Can I sell food that needs refrigeration?
Yes, with safe handling instructions and a disclosure statement on the label.
Can I sell online or ship cottage food?
The 2025 change removed the earlier ban on internet, phone and mail sales and on interstate commerce, except for poultry. Check federal and destination-state rules before shipping, and ask the Department of Health and Human Services.
Can I sell to restaurants or grocery stores?
No, except for whole, unprocessed fruits and vegetables.
Can I sell meat or poultry?
Not uninspected meat. Poultry only if you raised and slaughtered no more than 1,000 birds that year, buy and sell no other poultry, and the sale is not interstate.
Can the state inspect my kitchen?
Only to investigate a complaint of illness or an environmental health problem, or at your request.
Note on conflicting sources
We read the text of North Dakota Century Code chapter 23-09.5 as published on the Legislative Branch website in June 2025, the Department of Health and Human Services rule chapter 33-33-10, and the committee file for Senate Bill 2386 (2025). The department’s own Cottage Food Act page blocked our automated requests, so we did not read it. Older guides, written before 2025, list a ban on internet, phone and mail sales and on interstate commerce. Rules 33-33-10-01 to 33-33-10-03 were repealed effective October 1, 2021, and the rules that remain cover only complaints and illness. TODO verify: the department’s current guidance and its Consumer Advisory Notice, how it treats shipped sales, and any change since June 2025.
Official sources
- North Dakota Century Code, chapter 23-09.5, Cottage Food Production and Sales (sections 23-09.5-01 and 23-09.5-02)
- North Dakota Administrative Code, chapter 33-33-10, Preparation of Cottage Food Products for Sale
- North Dakota Legislative Assembly, Senate Bill 2386 (2025), relating to cottage food transactions
- North Dakota Department of Health and Human Services, Food and Lodging, Cottage Food Act
- Not checked for this page: the department’s Cottage Food Act page and consumer advisory notice