North Dakota Cottage Food Law 2026: Food Freedom, Interstate Shipping, and No Sales Cap

If you only remember three things about North Dakota's cottage food law, make them these: there's no sales cap, no license, and no routine inspection before you start. You can earn as much as you want from your home kitchen without applying for a cottage food permit.

And as of March 2025, the game got even bigger. Senate Bill 2386 swept away old prohibitions on selling online, by mail, or across state lines. North Dakota is now one of the most open states in the country for home-based food businesses.

You've come to the right place for the full breakdown. Let's walk through exactly what you can sell, where you can sell it, and how to label it—all from the official North Dakota Century Code.

What You Can (and Can't) Sell in North Dakota

North Dakota's definition of a "cottage food product" is beautifully broad: "baked goods, jams, jellies, and other food and drink products." That means you have a lot of creative freedom. The law even allows you to sell Time/Temperature-Controlled for Safety (TCS) foods—the items that need the fridge—which are off-limits in many other states.

Here’s a clear look at what fits the rules.

In short, North Dakota lets you sell a huge range of non-potentially hazardous foods, plus many TCS items and home-processed poultry—with a few key restrictions.

A Closer Look at Poultry Rules

North Dakota has a specific exception for poultry. You can raise, slaughter, and sell poultry you raised yourself, but only if you meet all these conditions: You slaughter no more than 1,000 birds in a calendar year. You don't buy or sell poultry products except those you produced from your own birds. * The product isn't adulterated or misbranded.

Even with this exception, there's one hard rule: you cannot sell these poultry products in interstate commerce. They are for in-state sale only (NDCC § 23-09.5-02(3)(c)).

Where Can You Sell Your Cottage Food in North Dakota?

This is where the 2025 update—Senate Bill 2386—really changed things. Before, selling online or across state lines was explicitly prohibited. Now, those channels are open.

Your direct-to-consumer sales can happen: At your home or home-based kitchen At a farm, ranch, or farm stand At a farmers market At public events like fairs or festivals Through direct delivery to the customer Online (through your own website, social media, etc.) By mail On consignment Across state lines (with the poultry exception noted above) At "any other venue not otherwise prohibited by law"

The Two Big Restrictions

1. Home Consumption Only: Your products must be sold for "home consumption." This means you can't sell to restaurants, grocery stores, food trucks, or any other "food establishment" for them to resell or serve. It's direct-to-consumer only (NDCC § 23-09.5-02(2) & (4)).
2. The Consignment Catch: While the old consignment ban is gone, be careful. The law still requires transactions to be directly between the cottage food operator and the informed end consumer, and it still says cottage food can't be sold in a food store. A non-food-store consignment setup may be workable only if the final buyer is informed and the sale stays outside prohibited venues; grocery-store consignment is a much bigger problem.

No License, No Routine Inspection, No Problem

This is the heart of North Dakota's food freedom. The law is clear that no state agency or local government can require a license, permit, certification, routine inspection, packaging rule, or labeling rule beyond Chapter 23-09.5 for your cottage food business. North Dakota HHS also describes the law as letting home-based businesses sell without license or inspection fees.

• License: No.
• Permit: No.
• Registration: No.
• Routine Kitchen Inspection: No.
• Fees: No.
• Food Handler's Card: Not required by state law.

There is still a complaint backstop: HHS or a local regulating authority may investigate a reported illness or environmental-health complaint. North Dakota is not pre-approving your kitchen, but the statute does not give unsafe food a free pass.

North Dakota's Labeling Rules: Keep It Clear, Keep It Legal

North Dakota's labeling requirements are straightforward but specific. There are two main components: the required disclaimer and special rules for perishable items.

The Required Disclaimer (You Must Use This Exact Wording)

Every cottage food product you sell must either have a label with this exact statement or you must display a consumer advisory sign at your point of sale with it. If you sell online or ship by mail, putting the statement directly on the product label is the safer path because the customer may never see an in-person sign:

"This product is made in a home kitchen that is not inspected by the state or local health department."

This is verbatim from the law (NDCC § 23-09.5-02(8)). Don't paraphrase it. Don't alter the wording. Print it clearly. It's the one non-negotiable part of your label.

Additional Rules for TCS and Refrigerated Products

If you're selling items that need refrigeration—like cheesecake, cream puffs, or pumpkin pie—your label has two extra jobs (NDCC § 23-09.5-02(7)):

1. Safe Handling Instructions: You need to provide clear instructions on how to handle the product safely (e.g., "Keep Refrigerated," "Consume Within 3 Days," "Thaw in Refrigerator").
2. Product Disclosure Statement: You must include a statement indicating the product was transported and maintained frozen.

The statute doesn't dictate the exact words for these, so you have some flexibility. Just make sure the message is clear: this item is perishable, it was transported and maintained frozen, and here's how to handle it safely.

What You Don't Need on Your Label

This is where North Dakota differs from many other states. Under the North Dakota cottage food chapter itself, you do not need to include: Your home or business address A permit or registration number A production or bake date A nutrition facts panel * An ingredient list (though it's a great practice, especially for allergens)

The state's prohibition on extra cottage-food labeling means North Dakota agencies and political subdivisions can't mandate cottage-food label elements beyond the disclaimer and the TCS rules in the chapter itself (NDCC § 23-09.5-02(1)). If you are shipping across state lines or using third-party platforms, check any separate federal, destination-state, carrier, or marketplace requirements before relying on a bare-minimum label.

Recommended Label Elements

Even though the law doesn't require them, these elements build trust and professionalism.

• Product Name: So people know what they're buying.
• Business Name: Your bakery or kitchen name.
• Ingredients List (in descending order by weight): Especially important for allergen awareness.
• Allergen Declaration: Highlight common allergens like nuts, dairy, eggs, wheat.
• Net Weight: Standard for packaged goods.
• Contact Info: An email, website, or social media handle for reorder.
• "Best By" or "Use By" Date: Critical for customer safety and quality, especially for TCS items.
• Storage Instructions: "Store in a cool, dry place" or "Refrigerate upon receipt."

Now That You Know the Rules — Here's How to Start Selling

North Dakota's Food Freedom Act makes the legal side wonderfully simple. Your next steps are all about smart business moves.

1. Finalize Your Products: Decide what you're making. If you're venturing into TCS territory, plan your packaging and shipping logistics first.
2. Design Your Label: Create a clean, professional label that includes the mandatory disclaimer and any recommended info. For TCS items, add the safe handling and frozen transport statements. Our full labeling guide walks you through the basics.
3. Set Up Your Sales Channels: Are you selling at the farmers market? From your porch? Through a website? North Dakota lets you choose any (or all) of the above. Set up your MyPorch storefront to manage orders and accept payments for local pickup, delivery, or shipping.
4. Price Your Goods: Consider your costs, your time, and the market. Don't undervalue your work. Our guide on how to price baked goods for your home bakery covers costs, margins, and market positioning.

You can handle orders, payments, and customer communication with simple tools. The freedom to sell online and ship most products interstate opens up a larger customer base right from your North Dakota home.

Frequently Asked Questions About North Dakota Cottage Food Laws

Here are the answers to the questions we hear most from North Dakota bakers.

Can I sell homemade food in North Dakota?

Yes, you absolutely can. North Dakota has a highly permissive Food Freedom Act that allows you to sell a broad range of homemade foods directly to consumers with minimal regulation.

What foods can I sell under North Dakota's cottage food law?

You can sell baked goods, jams, jellies, and a wide variety of other food and drink products. Notably, North Dakota also permits the sale of many TCS foods like cheesecakes and cream-filled pastries, as well as poultry you raise and slaughter yourself under specific limits.

Is there a sales limit for cottage food in North Dakota?

No. North Dakota's Food Freedom Act (NDCC Chapter 23-09.5) establishes no annual sales cap. You can sell as much as you want without hitting a revenue ceiling.

Do you need a license to sell food from home in North Dakota?

No. North Dakota explicitly states that no state agency or political subdivision may require licensure, permitting, certification, inspection, or extra cottage-food packaging or labeling rules for cottage food operations (NDCC § 23-09.5-02(1)). HHS or a local regulating authority may still investigate illness or environmental-health complaints.

Can you ship cottage food across state lines from North Dakota?

Yes, for most products. As of March 2025, Senate Bill 2386 allows interstate shipping. The major exception is poultry products, which cannot be sold in interstate commerce (NDCC § 23-09.5-02(3)(c)).

Can I sell cottage food online in North Dakota?

Yes. The 2025 update to the law (SB 2386) removed the old prohibition on selling over the internet. You can take orders online and ship or deliver your products.

What has to be on my label in North Dakota?

At a minimum, your label (or a sign at your point of sale) must display the verbatim consumer advisory statement: "This product is made in a home kitchen that is not inspected by the state or local health department." For refrigerated/TCS products, you must also add safe handling instructions and a disclosure that the product was transported and maintained frozen.

Do I charge sales tax on cottage food in North Dakota?

Sales tax obligations can be complex and are generally based on whether the food is for home consumption. It's best to consult the North Dakota Office of State Tax Commissioner for guidance specific to your business.

What recently changed in North Dakota's cottage food law?

Senate Bill 2386, which Governor Armstrong signed on March 21, 2025, made the biggest change. It removed the old laws that prohibited selling online, by mail, on consignment, or across state lines. It took effect immediately due to its emergency clause.

Can you sell TCS foods in North Dakota?

Yes. North Dakota allows the sale of TCS foods like cheesecake, cream puffs, and pumpkin pie. The statute's definition of "cottage food product" is broad and covers many food and drink items, but it specifically mandates safe handling and labeling for products that require refrigeration (NDCC § 23-09.5-02(7)).

What foods can't you sell in North Dakota?

You cannot sell uninspected meat products. You also cannot sell poultry products across state lines. Furthermore, you cannot sell cottage food for use or resale in restaurants, grocery stores, or food processing plants—it's direct-to-consumer only (NDCC § 23-09.5-02(3) & (4)).

Do you have to register your North Dakota cottage food business?

No. North Dakota law (NDCC § 23-09.5-02(1)) prohibits any registration requirement for cottage food operations.

Are there any local rules or permits for cottage food in North Dakota?

No city or county can impose a cottage-food license, permit, certification, inspection, packaging, or labeling requirement beyond what's in the state statute. Separate non-cottage-food obligations, such as taxes, business-name filings, zoning, event rules, or a food-truck license if you operate outside the cottage-food model, can still matter.

Do I need a food handler's card to sell cottage food in North Dakota?

No, a food handler's card or certificate is not required by North Dakota state law for cottage food operators.

Can I sell cottage food products on consignment in North Dakota?

Yes, but cautiously. Senate Bill 2386 (effective March 2025) removed the old prohibition on consignment sales, but the transaction still must be between the cottage food operator and the informed end consumer, and the product still cannot be sold in a food store.

What kind of packaging is required for North Dakota cottage food?

North Dakota cottage food law does not specify packaging requirements. You must, however, use packaging that is suitable for your product and allows for proper labeling.

Can I sell my homemade jams and jellies in North Dakota?

Yes, homemade jams and jellies are expressly named in North Dakota's cottage food definition. Pickled or acidified foods fall under the chapter's broad "other food and drink products" language if they are otherwise lawful and safely prepared, but they deserve extra care because botulism risk is real when canning is done incorrectly.

What if I exceed the sales limit in North Dakota?

There is no sales limit in North Dakota, so there is no cap to exceed. You can focus entirely on growing your business.

Does North Dakota allow food trucks or mobile units for cottage food sales?

North Dakota law allows sales at "any other venue not otherwise prohibited by law" and through delivery. A direct-to-consumer event setup may fit that language, but operating a licensed-style food truck or mobile food establishment is a different model and should be checked with HHS or local officials before you treat it as cottage food.

Can I use a home well for water in my North Dakota cottage food operation?

North Dakota cottage food law does not specify a separate water-source requirement for cottage food kitchens. Use potable water and maintain your well safely; if a complaint or illness investigation occurs, unsafe water would still be a serious food-safety issue.

Do I need a business license for my North Dakota cottage food operation?

You do not need a specific cottage food business license. However, like any business, you may need to register for general state tax purposes or a standard business name (DBA) with the Secretary of State, separate from the cottage food rules.

What is the penalty for violating North Dakota's cottage food law?

The current Chapter 23-09.5 text does not include a separate penalty section. It does say HHS or a local regulating authority may investigate an illness or environmental-health complaint, so contact ND HHS if you need enforcement guidance for a specific situation.

How should I label TCS foods in North Dakota?

For TCS foods, you must include safe handling instructions (e.g., "Keep Refrigerated") and a product disclosure statement indicating the product was transported and maintained frozen (NDCC § 23-09.5-02(7)).

Does North Dakota require production dates on cottage food labels?

No, North Dakota law does not require a production or bake date on cottage food labels.

Can I sell pet treats under North Dakota's cottage food law?

North Dakota's cottage food law is generally interpreted to apply to human food. Pet treats may fall under separate state or federal animal feed regulations.

What is the "Food Freedom Act" in North Dakota?

The "Food Freedom Act" is the common name for North Dakota's cottage food law, NDCC Chapter 23-09.5. It's known for its permissive stance, including no sales cap and no licensing requirements.

Recent Law Changes (Changelog)

Laws evolve, and staying current is part of running your business. Here are the key changes affecting North Dakota cottage food operations.

• March 21, 2025: Governor Armstrong signed Senate Bill 2386 into law. This was an emergency measure, so it took effect immediately on that date. SB 2386 amended the sales channel restrictions, removing the old prohibitions on selling online, by phone, by mail, through consignment, and in interstate commerce. It also added a specific new prohibition on selling poultry products in interstate commerce.
• August 1, 2017: The original "Food Freedom Act" (NDCC Chapter 23-09.5) was enacted via House Bill 1433. This established North Dakota's foundational cottage food framework, creating the "no license, no routine inspection, no sales cap" model.

Laws change. Verify current requirements at the North Dakota Department of Health and Human Services (HHS) or North Dakota Legislative Branch before selling.