Home Kitchen Laws in North Dakota

Home kitchen laws in North Dakota

The plain-English guide to selling food from home in North Dakota.

Which laws apply

Cottage food law
Food freedom act

Allowed foods

Allowed: baked goods, jams, jellies, and other food and drink products made in the home kitchen, plus whole unprocessed fruits and vegetables (the only cottage-food item allowed into food establishments, processing plants, or food stores). Time/temperature-control foods (e.g. cream, custard, meringue, cheesecake, pumpkin pie, cream cheese baked goods) are allowed but must be labeled with safe handling instructions and a disclosure that they were transported and maintained frozen. Home-raised poultry (up to 1,000 birds/year, not adulterated or misbranded) is allowed. Not allowed: uninspected meat products; wild game, fish, seafood; poultry products sold in interstate commerce; any food sold in or used by a licensed food establishment, processing plant, or food store (except whole unprocessed produce). Note: the former admin-code allowed-foods list (N.D. Admin. Code 33-33-10-02) was repealed effective 10/1/2021; the statute now governs.

Cottage track — shelf-stable foods in North Dakota

🥧 Cottage Food — Shelf-Stable Cottage food law — the shelf-stable track in North Dakota: foods are made at home and sold by preorder / pickup, not as restaurant-style reservations.

✅ No permit required in North Dakota for Cottage food law production, per the state's published permit steps. Makers here are not “permitted” — they operate under the cottage food rules, and claims on this site are verified by rule-compliance proof, not a permit.

Allowed foods: Allowed: baked goods, jams, jellies, and other food and drink products made in the home kitchen, plus whole unprocessed fruits and vegetables (the only cottage-food item allowed into food establishments, processing plants, or food stores). Time/temperature-control foods (e.g. cream, custard, meringue, cheesecake, pumpkin pie, cream cheese baked goods) are allowed but must be labeled with safe handling instructions and a disclosure that they were transported and maintained frozen. Home-raised poultry (up to 1,000 birds/year, not adulterated or misbranded) is allowed.

Prohibited foods: uninspected meat products; wild game, fish, seafood; poultry products sold in interstate commerce; any food sold in or used by a licensed food establishment, processing plant, or food store (except whole unprocessed produce). Note: the former admin-code allowed-foods list (N.D. Admin. Code 33-33-10-02) was repealed effective 10/1/2021; the statute now governs.

Sales cap (cottage track): No sales cap. NDCC 23-09.5 sets no limit on cottage food sales volume or revenue, and no scheduled cap change exists.

Labeling rules (from the published permit steps):

Plan labels and signage: refrigerated-requiring items need safe handling instructions and a 'transported and maintained frozen' disclosure

Street track — sidewalk & mobile vendors in North Dakota

🌮 Street Food — Sidewalk & Mobile

Street and mobile vendors do not cook from home kitchens — they sell in public places under different permits, and on this site they are walk-up only (no bookings).

Sales caps

No sales cap. NDCC 23-09.5 sets no limit on cottage food sales volume or revenue, and no scheduled cap change exists.

Permit steps

No permit, license, registration, certification, or fee is required - NDCC 23-09.5-02(1) prohibits any state agency or political subdivision from requiring them for cottage food preparation or sale.
No inspection is required to operate (inspections available only on request); agencies may investigate on complaint of illness or environmental health hazards.
No mandatory food-safety training, but ND HHS directs producers to NDSU Extension and national best-practice resources (NEHA, AFDO) on a voluntary basis.

How to start in North Dakota

1. Decide what you'll sell, keeping within NDCC 23-09.5's allowed scope (baked goods, jams, jellies, and other home-produced foods; no uninspected meat; no poultry sales across state lines). 2. No state license, permit, registration, fee, inspection, or food-safety training is legally required to start - you can begin selling immediately. 3. Prepare or review voluntary food-safety best practices (ND HHS points to NDSU Extension and AFDO/NEHA guidance) so your products are safe and high quality. 4. Plan labels and signage: refrigerated-requiring items need safe handling instructions and a 'transported and maintained frozen' disclosure; display the consumer advisory sign at your point of sale (the exact 'home kitchen not inspected' statement). 5. Choose your channels: farms, farmers markets, farm stands, your home, delivery, online/phone/mail, consignment, or interstate shipping are all legal; food sold must be for home consumption and cannot go through licensed restaurants, food plants, or stores. 6. Check local city/county zoning or home-occupation rules (the cottage-food law bars health licensing, but zoning rules may still apply). 7. If you raise poultry for sale, stay within the 1,000-birds-per-year own-raised limit and avoid interstate poultry sales.

Recent changes

SB 2386 (2025, 69th Legislative Assembly) - the biggest recent change: amended NDCC 23-09.5-02(3) to remove the bans on interstate commerce and on sales over the internet, phone, mail, or by consignment. Signed by the governor 3/20/2025 and filed with the Secretary of State 3/20/2025; declared an emergency measure, so it took effect immediately. Poultry products still may not be sold in interstate commerce. No 2024 cottage-food law changes were identified. No pending bills: North Dakota's legislature meets in biennial regular sessions in odd-numbered years, so there is no 2026 regular session; the next regular session is the 70th Legislative Assembly in 2027.

Official sources

Start a home kitchen in North Dakota → · Check your eligibility → · Compare states →

Not legal advice. Rules change — confirm everything with North Dakota's health department before selling.