Current Law Details
TOP 5 Food Freedom state. SB 2386 (signed March 21, 2025 with EMERGENCY CLAUSE - effective IMMEDIATELY, NOT August 1) added online/phone sales, mail delivery, consignment, and INTERSTATE SALES (one of only ~5 states allowing this). No sales cap. No registration/licensing/inspection required. Almost any food except meat allowed (poultry OK if raise/slaughter โค1,000 birds/year). Poultry products CANNOT cross state lines. Non-perishables can be shipped nationwide. No permit fees. HB 1433 (2017) original food freedom law. 2020: Legal victory restored broad interpretation.
Registration & Training
๐Registration
- Required
- No
๐Training
- Required
- No
Labeling Requirements
Required Statement
"This product is made in a home kitchen that is not inspected by the state or local health department (on product label OR point-of-sale sign)"
Additional Label Elements
- โPerishable products need safe handling instructions
- โProducts must not be adulterated or misbranded
- โNo ingredient list required
- โNo allergen warnings required
- โNo nutritional information required
- โNo producer contact information required
Allowed Sales Venues
Direct-to-consumer sales. ALLOWED: direct sales, farmers markets, home sales, online sales (as of 2025), phone orders (as of 2025), roadside stands, consignment (as of 2025), mail delivery/shipping (as of 2025), interstate sales (as of 2025, except poultry). PROHIBITED: sales through restaurants, sales through retail stores (grocery stores, etc.), wholesale.
Shipping & Delivery
Shipping Options
- In-State
- Allowed
- Out-of-State
- Allowed
Delivery Methods
- Commercial Carriers
- Allowed
- Third-Party Delivery
- Allowed
INTERSTATE SALES ALLOWED (unique): Non-perishable products can be shipped within North Dakota and to other states where it is legal to mail cottage foods (one of only ~5 states: Oklahoma, Pennsylvania, Arkansas, Alabama, North Dakota). POULTRY RESTRICTION: Poultry products (1,000 bird exemption) CANNOT be sold across state lines - must transfer person-to-person within North Dakota, cannot ship poultry via mail, cannot sell poultry out-of-state. All sales/deliveries must remain within North Dakota for poultry.
Allowed Foods
Almost any food or drink product as long as it does not contain meat (poultry exception). EXTENSIVE ALLOWANCE: baked goods (breads, cakes, cookies, pastries, etc.), baked goods with fillings (cream, custard, meringue), cheesecake, pumpkin pie, items with cream cheese icings/fillings, frozen baked goods, uncooked dough products, preserves/jams/jellies, candies/chocolates, condiments, dry goods, frozen produce, refrigerated products, canned products, drinks, items with dairy (must use pasteurized dairy). Food states: fresh, cooked, refrigerated, frozen, dried, canned. POULTRY EXCEPTION: Producers who raise and slaughter โค1,000 birds per year can sell their own poultry meat and products made with their own poultry. REQUIREMENTS: raise/process/sell no more than 1,000 of your own birds each year, cannot buy additional poultry to resell, must ensure not adulterated/misbranded, CANNOT sell poultry products across state lines (interstate restriction), must transfer person-to-person within ND, cannot ship poultry via mail, cannot sell poultry out-of-state. PROHIBITED: meat products (except poultry under 1,000 bird exemption), products with unpasteurized dairy/milk, baked products considered ready-to-eat containing raw uncooked egg products.
Recent Legislative Updates
SB 2386
Effective: March 21, 2025
MAJOR EXPANSION (signed March 21, 2025 by Governor Kelly Armstrong with EMERGENCY CLAUSE for immediate effectiveness): Added interstate commerce capability, added online/phone/mail sales, added consignment sales, maintained consumer protection standards. BEFORE: prohibited internet/telephone/mail orders, prohibited mail delivery/shipment, prohibited interstate commerce, point of sale had to occur in ND, transaction in person. AFTER: online/phone orders permitted, mail delivery permitted, interstate sales permitted (non-poultry), consignment permitted, shipping nationwide permitted (non-poultry). Driven by military spouse advocates (Brekka Kramer at Minot Air Force Base). Benefits military spouses with flexible business models.
Legal Victory
Effective: 2020
ND Health Department attempted restrictions beyond legislative intent. Institute for Justice represented cottage food producers in lawsuit. Victory restored original food freedom provisions. Confirmed broad interpretation of allowed foods.
HB 1433 (Original Food Freedom Law)
Effective: 2017
Passed first food freedom bill. Allowed sale of uninspected, homemade cottage food products. Direct producer-to-consumer sales. Targeted small, start-up, home-based food businesses. No license or inspection fees required.
Important Warnings & Notes
- โ ๏ธEffective date was March 21, 2025 (via emergency clause), NOT August 1, 2025
- โ ๏ธOne of ~5 states allowing interstate cottage food sales (Oklahoma, Pennsylvania, Arkansas, Alabama, North Dakota), NOT first state
- โ ๏ธTop 5 food freedom state nationally (Wyoming ranks #1 overall with Grade A)
- โ ๏ธPoultry products (1,000 bird exemption) CANNOT cross state lines - in-state only
- โ ๏ธEven though ND allows interstate sales, receiving state must also permit cottage food from out-of-state producers
- โ ๏ธFederal food safety regulations technically prohibit cottage foods crossing state lines (creates gray area)
- โ ๏ธCannot sell through retail stores or restaurants (direct-to-consumer only)
- โ ๏ธMust use only pasteurized dairy products as ingredients (no raw/unpasteurized milk/dairy)
- โ ๏ธReady-to-eat baked products cannot contain raw uncooked egg products
- โ ๏ธPerishable baked goods with cream/custard/meringue/cheesecake/pumpkin pie/cream cheese must be properly labeled with handling instructions and maintained frozen if applicable
- โ ๏ธLabel statement can be on product OR displayed at point-of-sale
- โ ๏ธContact ND Department of Health: 701-328-2372
Research Sources
This information was compiled from the following sources (Last updated: 2025-10-06):
- โขNorth Dakota Health & Human Services - Cottage Food
- โขNorth Dakota Century Code 23-09.5
- โขSenate Bill 2386 (69th Legislative Assembly)
- โขThe Dickinson Press - March 2025
- โขKFYR TV - March 21, 2025
- โขDVIDS - April 2025 (military spouse advocacy)
- โขMinot Daily News - April 2025
- โขForrager.com - North Dakota
- โขInstitute for Justice - North Dakota
- โขInstitute for Justice - 'Baking Bad' Report (top 5 rankings)
Important Legal Disclaimer
This information is for educational purposes only and should not be considered legal advice. Cottage food laws change frequently and vary by local jurisdiction. Always verify current regulations with your state and local health departments before starting your business.
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