Cottage Food Laws in North Dakota
Last verified against official sources on by Amrit. How we verify
Yes. North Dakota's Cottage Food Act lets you sell food you make in your home kitchen, and no state agency, county or city may require a license, permit, certification or inspection for it; the state health agency says there are no license or inspection fees. You must sell directly to the final customer, for home use, tell them the food is not licensed or inspected, and show a sign where you sell or a label saying it was made in a home kitchen that is not inspected. Uninspected meat is not allowed, and you cannot sell to stores, restaurants or other food businesses.[1][3]
At a glance
| Permit needed | No. No license, permit, certification or inspection from the state, county or city.[1] |
|---|---|
| Fee | None. There is no license or inspection fee.[3] |
| Customer notice | A sign where you sell, or a label on the food: "This product is made in a home kitchen that is not inspected by the state or local health department."[1] |
| Foods that need refrigeration | Allowed, but the label must give safe handling instructions and state that the product was transported and kept frozen[1] |
| Where you can sell | Directly to customers at a farm, ranch, farmers market, farm stand, your home, any other legal venue, or by delivery. Not to stores, restaurants or other food businesses.[1] |
| Agency | North Dakota Department of Health and Human Services (Food and Lodging)[1] |
Step by step
Do these in order. Each step links to the official form or page.
Check that your food is allowed
Baked goods, jams, jellies and other foods and drinks made in your home kitchen are covered. You cannot sell uninspected meat products. Uninspected poultry is allowed only if you raised the birds yourself, slaughter no more than 1,000 a year, do not buy or sell anyone else's poultry, and the product is not adulterated or misbranded. Poultry can never be sold across state lines.[1][3]
Label foods that need refrigeration
Foods that need to be kept cold, such as baked goods with cream, custard, meringue, cheesecake, pumpkin pie or cream cheese, must be labeled with safe handling instructions and a statement that the product was transported and kept frozen. The law sets this label, so the statement has to be true for what you sell.[1]
Put up the consumer advisory sign or label
Either display a sign where you sell, or put a label on each item, with this exact statement: "This product is made in a home kitchen that is not inspected by the state or local health department." The North Dakota Department of Health and Human Services has a printable notice you can use.[1][3][4]
Tell each customer the food is not inspected
Make sure the buyer knows the food is not certified, labeled, licensed, packaged, regulated or inspected. The law only covers sales to an "informed end consumer", meaning the last buyer, who has been told this.[1]
Sell directly to the customer, for home use
Sell straight to the final customer, for home use (eaten in a private home, or only by the buyer's family, employees or non-paying guests): at a farm, ranch, farmers market, farm stand, your home or any other legal venue, or by delivering it. You cannot sell to a restaurant, store or food plant, and they cannot use your food (whole, unprocessed fruits and vegetables are the exception).[1]
What you can and can't sell[1]
Allowed
- Baked goods, jams and jellies
- Other foods and drinks made in your home kitchen
- Foods that need refrigeration (such as cream pies or cheesecake), if labeled with safe handling instructions and as transported and kept frozen
- Poultry you raised yourself, up to 1,000 birds a year, if you do not buy or sell other people's poultry and it is not adulterated or misbranded, sold within North Dakota
Not allowed
- Uninspected meat and meat products
- Uninspected poultry you did not raise, or more than 1,000 birds a year, or if you also buy or sell other people's poultry
- Poultry sold across state lines
Local rules
These places add their own requirements on top of the state rules.
- All North Dakota cities and counties: Cities, counties and local health departments cannot require a license, permit, certification or inspection for cottage food sold under the Act. A local health authority can still investigate a complaint of illness or an environmental health complaint.[1]
What it costs
| Step | Fee |
|---|---|
| Check that your food is allowed | Free (no license or inspection fee) |
| Total if every fee applies to you | $0 |
Recent changes
- : House Bill 1433 created the North Dakota Cottage Foods Act, allowing home-made food to be sold directly to informed consumers without a license or inspection.[3][2]
Frequently asked questions
Do I need a license or kitchen inspection to sell baked goods from home in North Dakota?
No. State agencies, counties and cities cannot require a license, permit, certification or inspection for food sold under the Act. The law still lets an agency give help, advice or an inspection if you ask for one, but it is not required.[1]
Can I sell my baked goods to a coffee shop, restaurant or grocery store?
No. Cottage food cannot be sold to or used by any food establishment, food processing plant or food store. Only whole, unprocessed fruits and vegetables are exempt from this rule.[1]
Can I sell cheesecake or cream pies?
Yes. Foods that need refrigeration must be labeled with safe handling instructions and a statement that the product was transported and kept frozen, so that statement has to be true for what you sell.[1]
Can I deliver orders or sell online?
The law allows sales by delivery, as long as the sale is directly between you and the customer and the food is for home use. It does not mention shipping or online sales. Poultry may not be sold across state lines.[1]
Do I have to put a label on everything?
Not always. You need either a consumer advisory sign where you sell or a label with the required statement. Foods that need refrigeration must always be labeled with safe handling instructions and the frozen statement.[1]
Can I sell meat or chicken I raised?
Not uninspected meat. Poultry is allowed only if you raised the birds, slaughter no more than 1,000 a year, do not buy or sell other people's poultry, the product is not adulterated or misbranded, and the sale stays within North Dakota. Brand and animal health inspection rules still apply.[1]
What happens if someone gets sick?
The state Department of Health and Human Services or a local health authority can investigate a complaint of illness or an environmental health complaint.[1]
Sources
- North Dakota Century Code Chapter 23-09.5: Cottage Food Production and Sales, North Dakota Legislative Branch. Checked October 25, 2026.
- HB 1433 (2017), Overview, North Dakota Legislative Branch. Checked October 25, 2026.
- Cottage Food, North Dakota Department of Health and Human Services. Checked October 25, 2026.
- Consumer Advisory Notice, North Dakota Department of Health and Human Services. Checked October 25, 2026.
Related
- Cottage Food Laws in Minnesota
- Cottage Food Laws in Montana
- Cottage Food Laws in South Dakota
- Cottage Food Laws by State
This page is general information, not legal advice. Rules and fees change. Before you apply or start selling, confirm the details with North Dakota Department of Health and Human Services, Food and Lodging or your local health department. Spotted something wrong or out of date?Report it and we will check it.