Start a home kitchen in North Dakota
The steps, the costs, where to apply, and how to get inspection-ready — in North Dakota's own program terms.
Cottage food law Food freedom act
Sales cap: No sales cap. NDCC 23-09.5 sets no limit on cottage food sales volume or revenue, and no scheduled cap change exists.
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 Code 33-33-10-02) was repealed effective 10/1/2021; the statute now governs.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 in North Dakota
🥧 Cottage Food — Shelf-Stable Cottage food law — the shelf-stable track: preorder / pickup, never reservations.
No permit required in North Dakota for this track — makers are not “permitted”; they follow the cottage food rules.
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 Code 33-33-10-02) was repealed effective 10/1/2021; the statute now governs.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 (from the published steps):
- Plan labels and signage: refrigerated-requiring items need safe handling instructions and a 'transported and maintained frozen' disclosure
🌮 Street track in North Dakota
🌮 Street Food — Sidewalk & Mobile
Street and mobile vendors do not cook from home kitchens — a different permit stack, and walk-up sales only.
No distinct street-vendor (sidewalk / mobile) regime is documented in North Dakota's published data on this site yet — mobile food is permitted separately from home kitchens; check with the local health department.
The 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 it works, start to finish
- 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).
- No state license, permit, registration, fee, inspection, or food-safety training is legally required to start - you can begin selling immediately.
- 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.
- 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).
- 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.
- Check local city/county zoning or home-occupation rules (the cottage-food law bars health licensing, but zoning rules may still apply).
- If you raise poultry for sale, stay within the 1,000-birds-per-year own-raised limit and avoid interstate poultry sales.
Where to apply in North Dakota
Official sources — start with the agency or department that runs North Dakota's program:
- North Dakota Century Code Chapter 23-09.5 (Cottage Food Production and Sales) - current text
- SB 2386 (2025) bill actions - signed by governor 3/20/2025, emergency clause
- ND Dept. of Health and Human Services - Cottage Food Act page
- N.D. Admin. Code Chapter 33-33-10 (cottage food preparation rules; detailed product-list sections repealed 10/1/2021)
Inspection prep (general)
General prep that applies in most programs — your law guide and health department have the specifics for North Dakota:
- Write your standard operating procedures: foods handled, prep methods, cleaning schedule, refuse disposal, and your time/temperature control plan.
- Complete the food safety training your program requires and keep the certificate where an inspector can see it.
- Have a calibrated food thermometer, proper cold storage, and labels that meet your program's rules.
- Keep pets out of the kitchen during production, and separate household and business ingredients.
Read the full North Dakota law guide → · Check your eligibility → · Ask the guide about North Dakota →
🎓 Training & money help in North Dakota
Links verified from the state's official sources and movement research — confirm current program details with the provider.