Registration
- Required
- No
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Built by a cottage bakerReview sales limits, online sales, registration, labeling, venues, shipping, foods, and source notes for this jurisdiction.
Sales limit
None
Online sales
Yes
Registration
Not required
Training
Not required
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 ≤1,000 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.
Setup requirements
These are the common operating requirements sellers check before launching or changing sales channels.
"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)"
Sales channels
Confirm how customers are allowed to buy, receive, or pick up products before opening a sales channel.
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.
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.
Product categories
Allowed and limited categories are only a planning aid. Check official guidance before selling a specific recipe.
Allowed
Allowed
Allowed
Allowed
Allowed
Allowed
Limited
Not allowed
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 ≤1,000 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.
Updates and cautions
Recent updates and warnings are included to help you spot issues that may need extra verification.
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.
Research sources
Last updated: 2026-05-07. Use these sources as a starting point for current verification.
This information is for educational purposes only and should not be considered legal advice. Cottage food rules change frequently and vary by local jurisdiction. Always verify current regulations with your state and local health departments before starting your business.
Use Cottage CMS to publish products, pickup windows, forms, disclosures, and order workflows after you verify the current local requirements.