North Dakota Cottage Food Laws

Income Limit

None

Online Sales

Yes

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 โ‰ค1,000 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

๐Ÿ“‹Registration

Required
No

๐ŸŽ“Training

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

  • โœ“Perishable products need safe handling instructions
  • โœ“Products must not be adulterated or misbranded
  • โœ“No ingredient list required
  • โœ“No allergen warnings required
  • โœ“No nutritional information required
  • โœ“No producer contact information required

Allowed Sales Venues

๐Ÿ 
Home Sales
Allowed
๐Ÿงบ
Farmers Markets
Allowed
๐Ÿ›’
Roadside Stands
Allowed
๐ŸŽช
Events
Allowed
๐Ÿช
Retail Stores
Not Allowed
๐Ÿฝ๏ธ
Restaurants
Not Allowed
๐ŸŒ
Online
Allowed

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

๐Ÿฐ
Baked Goods
Allowed
๐Ÿฌ
Candy & Confections
Allowed
๐Ÿ“
Jams & Jellies
Allowed
๐Ÿฅ’
Acidified Foods
Allowed
๐Ÿฅซ
Canned Goods
Allowed
๐ŸŒพ
Dried Goods
Allowed
๐Ÿง€
Perishables
Limited
๐Ÿฅฉ
Meat Products
Not Allowed
๐Ÿฅ›
Dairy Products
Limited

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 โ‰ค1,000 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

Active

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

Active

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

Active

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

  • โš ๏ธEffective date was March 21, 2025 (via emergency clause), NOT August 1, 2025
  • โš ๏ธOne of ~5 states allowing interstate cottage food sales (Oklahoma, Pennsylvania, Arkansas, Alabama, North Dakota), NOT first state
  • โš ๏ธTop 5 food freedom state nationally (Wyoming ranks #1 overall with Grade A)
  • โš ๏ธPoultry products (1,000 bird exemption) CANNOT cross state lines - in-state only
  • โš ๏ธEven though ND allows interstate sales, receiving state must also permit cottage food from out-of-state producers
  • โš ๏ธFederal food safety regulations technically prohibit cottage foods crossing state lines (creates gray area)
  • โš ๏ธCannot sell through retail stores or restaurants (direct-to-consumer only)
  • โš ๏ธMust use only pasteurized dairy products as ingredients (no raw/unpasteurized milk/dairy)
  • โš ๏ธReady-to-eat baked products cannot contain raw uncooked egg products
  • โš ๏ธPerishable baked goods with cream/custard/meringue/cheesecake/pumpkin pie/cream cheese must be properly labeled with handling instructions and maintained frozen if applicable
  • โš ๏ธLabel statement can be on product OR displayed at point-of-sale
  • โš ๏ธContact ND Department of Health: 701-328-2372

Research Sources

This information was compiled from the following sources (Last updated: 2025-10-06):

  • โ€ขNorth Dakota Health & Human Services - Cottage Food
  • โ€ขNorth Dakota Century Code 23-09.5
  • โ€ขSenate Bill 2386 (69th Legislative Assembly)
  • โ€ขThe Dickinson Press - March 2025
  • โ€ขKFYR TV - March 21, 2025
  • โ€ขDVIDS - April 2025 (military spouse advocacy)
  • โ€ขMinot Daily News - April 2025
  • โ€ขForrager.com - North Dakota
  • โ€ขInstitute for Justice - North Dakota
  • โ€ขInstitute 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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