State Guides4 min read
North Dakota Cottage Food Laws 2026: No License, No Cap
North Dakota cottage food law (NDCC ch. 23-09.5): no license, permit, inspection, or sales cap for cottage food products sold under this section.
At a glance
- No license, no permit, no inspection. A state agency or political subdivision may require licensure, permitting, certification, inspection, packaging, or labeling that pertains to the preparation or sale of cottage food products under this section (NDCC § 23-09.5-02(1)).
- No sales cap. The chapter does not state a gross-sales limit on cottage food operations.
- Direct sales only, for home consumption. Transactions must be directly between the cottage food operator and the informed end consumer, and only for home consumption (NDCC § 23-09.5-02(2)).
- Sell at a farm, ranch, farmers market, farm stand, home-based kitchen, or any other venue not otherwise prohibited by law, or through delivery (NDCC § 23-09.5-02(2)).
- No wholesale. Except for whole, unprocessed fruits and vegetables, food prepared by a cottage food operator may not be sold or used in any food establishment, food processing plant, or food store (NDCC § 23-09.5-02(4)).
What you can sell
The statute defines cottage food products broadly: "baked goods, jams, jellies, and other food and drink products produced by a cottage food operator" (NDCC § 23-09.5-01(2)). The statute's labeling provision covers products that require refrigeration, such as baked goods containing cream, custard, meringue, cheesecake, pumpkin pie, and cream cheese. You can sell bread, cookies, brownies, cakes, pies, candy, chocolates, popcorn, granola, trail mix, honey, jams and jellies, and more.
Transactions may not include the sale of uninspected products made from meat, except uninspected poultry products that meet the poultry conditions (NDCC § 23-09.5-02(3)(a)). You may sell uninspected poultry products only if you slaughter no more than one thousand poultry raised by you during the calendar year, you do not buy or sell poultry products except those produced from poultry you raised, and the poultry product is not adulterated or misbranded (NDCC § 23-09.5-02(3)(b)). Poultry products may not be sold if the transaction involves interstate commerce (NDCC § 23-09.5-02(3)(c)).
How and where you can sell
Transactions must be directly between the cottage food operator and the informed end consumer, and only for home consumption (NDCC § 23-09.5-02(2)). The statute defines home consumption as "food consumed within a private home or food from a private home consumed only by family members, employees, or nonpaying guests" (NDCC § 23-09.5-01(5)).
Sales may occur at a farm, ranch, farmers market, farm stand, home-based kitchen, any other venue not otherwise prohibited by law, or through delivery (NDCC § 23-09.5-02(2)). The statute defines delivery as "the transfer of a cottage food product resulting from a transaction between a cottage food operator and an informed end consumer" (NDCC § 23-09.5-01(3)).
Except for whole, unprocessed fruits and vegetables, food prepared by a cottage food operator may not be sold or used in any food establishment, food processing plant, or food store (NDCC § 23-09.5-02(4)). The statute does not address shipping out of state; ask the North Dakota Department of Health and Human Services about interstate sales.
Labels
State law bars any state agency or political subdivision from requiring labeling for cottage food products under this section. The statute itself requires refrigerated products to have safe handling instructions and a product disclosure statement, and requires a consumer advisory sign at the point of sale or a label with the required statement.
Label rules last verified Oct 3, 2026 against 2 official sources.
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Venues named in the statute: a farm, ranch, farmers market, farm stand, home-based kitchen, any other venue not otherwise prohibited by law, or delivery. The section excludes sales of uninspected meat products and (with stated exceptions) uninspected poultry products, and says that food prepared by a cottage food operator may not be sold or used in any food establishment, food processing plant, or food store, except whole, unprocessed fruits and vegetables. This is the only regime in the saved text of the chapter.Depends on your product or how you sell
This product is made in a home kitchen that is not inspected by the state or local health department.
Required unless a consumer advisory sign carrying the statement is displayed at the point of sale: the statute allows either the sign or a label on the product.- Storage or handling instructionsWhen: The cottage food product requires refrigeration (the statute's examples: baked goods containing cream, custard, meringue, cheesecake, pumpkin pie, and cream cheese).Safe handling instructions.
- Product disclosure statement for refrigerated products (transported and maintained frozen)When: The cottage food product requires refrigeration (the statute's examples: baked goods containing cream, custard, meringue, cheesecake, pumpkin pie, and cream cheese).A product disclosure statement indicating the product was transported and maintained frozen.
- Consumer advisory: home kitchen not inspectedWhen: Required unless a consumer advisory sign carrying the statement is displayed at the point of sale: the statute allows either the sign or a label on the product.The statement quoted in the statute (see the consumer-advisory statement).
- Handling statementWhen: The cottage food product requires refrigeration (the statute's examples: baked goods containing cream, custard, meringue, cheesecake, pumpkin pie, and cream cheese).Safe handling instructions.
- Required statementWhen: The cottage food product requires refrigeration (the statute's examples: baked goods containing cream, custard, meringue, cheesecake, pumpkin pie, and cream cheese).A product disclosure statement 'indicating the product was transported and maintained frozen'.
Also required, but not on the label
- Tell the buyerNot fixed.
General labeling law: The saved pages do not say whether FDA or other federal food-labeling law, or any other state law, applies on top of the Act.
Before your first sale
- To do: Confirm your products meet the statutory definition of cottage food products.
- To do: Verify that any poultry you sell was raised by you and meets the 1,000-bird limit.
- To do: Print the consumer advisory statement on each label, or prepare a sign for your point of sale.
- To do: Add safe handling instructions and a product disclosure statement to any product that requires refrigeration.
- To do: Check city, county, and zoning rules separately; the cottage food chapter does not cover them.
- To do: Review your first sales from home for pricing and planning advice.
Common questions
Do I need a license or permit to sell cottage food in North Dakota?
No. The statute says a state agency or political subdivision may not require licensure, permitting, certification, inspection, packaging, or labeling that pertains to the preparation or sale of cottage food products under this section (NDCC § 23-09.5-02(1)). The statute says a state agency or political subdivision may not require licensure or permitting for cottage food products sold under this section.
What are the kitchen requirements for a cottage food operation?
The statute defines a cottage food operator as an individual who produces or packages cottage food products in a kitchen designed and intended for use by the residents of a private home (NDCC § 23-09.5-01(1)). The statute does not require kitchen inspection or certification for cottage food operators.
Can I sell cottage food online or by delivery?
Yes. The statute allows transactions through delivery, defined as the transfer of a cottage food product resulting from a transaction between a cottage food operator and an informed end consumer (NDCC § 23-09.5-01(3)). The sale must still be directly between you and the informed end consumer, and only for home consumption.
Can I sell my products to a store or restaurant?
No. Except for whole, unprocessed fruits and vegetables, food prepared by a cottage food operator may not be sold or used in any food establishment, food processing plant, or food store (NDCC § 23-09.5-02(4)).
