North Dakota Cottage Food Laws

North Dakota's law even reaches some potentially hazardous foods, which is rare. Labeling and consumer disclosure carry the compliance weight instead.

Fast facts

Permit
No permit required
Annual sales cap
No limit
Online sales
Limited
Shipping
Not allowed

What makes North Dakota different

  • North Dakota's food freedom law covers a very wide range of homemade foods
  • No permit, inspection, licensing or sales cap
  • Sales must be direct to the informed end consumer in state

Where you can sell in North Dakota

  • Direct to consumer
  • Farmers markets
  • Home pickup
  • Events

What you can and can't make

North Dakota follows the standard cottage food logic: shelf-stable items are in, anything needing refrigeration is out. Check the North Dakota Department of Health & Human Services product list for state-specific exceptions.

Generally allowed

  • Breads, rolls, biscuits and buns
  • Cakes, cupcakes and brownies (without cream-cheese or custard fillings)
  • Cookies, bars and biscotti
  • Fruit pies and fruit-filled pastries
  • Candy, brittle, fudge and chocolate-covered items
  • Dry mixes, granola, popcorn and roasted nuts
  • Jams, jellies and preserves made from high-acid fruit

Generally prohibited

  • Cheesecake and cream-cheese frostings or fillings
  • Custard, meringue, pudding and Bavarian-cream pies
  • Anything containing meat, poultry or seafood
  • Fresh-dairy items, ice cream and buttercream that requires refrigeration
  • Canned vegetables, salsas and other low-acid canned goods
  • Garlic-in-oil, pickled goods and fermented foods (in most states)
  • Kombucha, juices and other beverages requiring a process authority

North Dakota labeling requirements

  1. The name and physical address of your home kitchen business
  2. The common name of the product
  3. A full ingredient list in descending order by weight
  4. Allergen declaration for the major allergens (milk, eggs, wheat, soy, peanuts, tree nuts, fish, shellfish, sesame)
  5. Net weight or volume
  6. A cottage food disclosure such as "Made in a home kitchen that is not subject to routine state inspection"

Official source for North Dakota

North Dakota Department of Health & Human Services administers cottage food rules in North Dakota.

Last verified:

Visit North Dakota Department of Health & Human Services

Not legal advice. This summary is for general education. Confirm with North Dakota Department of Health & Human Services before you start selling.

Cottage food laws in other states