Cottage Food Laws in North Dakota (2026)
Complete guide to North Dakota's cottage food laws: No cap (unlimited) annual limit, no registration required, and online sales allowed.
North Dakota has one of the most permissive cottage food laws in the nation with no sales cap, no license, and no inspection. SB 2386, signed March 2025, made ND one of the only states allowing interstate cottage food sales. Perishable/TCS foods including custard-filled pastries and cheesecakes are allowed.
Quick Facts for North Dakota
Annual Sales Limit
No cap (unlimited)
Registration/Permit
No license, permit, or registration required. North Dakota's food freedom law (NDCC 23-09.5) exempts cottage food operators from state licensing and inspection fees.
Kitchen Inspection
No inspection required
Food Handler Certification
Not required
Online Sales
Yes — online ordering allowed
Governing Agency
Legislation: NDCC 23-09.5; N.D.A.C. 33-33-10; HB 1433 (2017); SB 2386 (2025, interstate sales)
What You Can Sell in North Dakota
Allowed Products
- Baked goods (breads, cakes, cookies, brownies, pastries)
- Jams, jellies, fruit butters, and marmalades
- Candy, fudge, and chocolate confections
- Honey and nut butters
- Pickles, salsas, and vinegars
- Dried fruits, herbs, and spices
- Granola, popcorn, and cereals
- Dehydrated or freeze-dried produce
- Blanched and frozen fruits and vegetables
- Custard-filled desserts and cheesecake (perishable items allowed)
- Raw poultry and shell eggs (up to 1,000 birds/year)
Not Allowed
- Meat, wild game, fish, seafood, or shellfish products
- Unpasteurized dairy (unless pasteurized and used as ingredient)
- Wild-harvested noncultivated mushrooms
- Low-acid canned foods (unless high-acid/acidified with verified pH)
- Alcoholic beverages
- Pet food and animal feed
Where You Can Sell in North Dakota
Labeling Requirements in North Dakota
Every product you sell must include these on the label:
How to Start a Cottage Food Business in North Dakota
Verify your products are allowed
North Dakota allows specific non-potentially-hazardous foods. See the allowed products list above. If your product isn't listed, check with North Dakota Department of Health and Human Services.
Consider food safety training (optional)
North Dakota does not require food handler certification, but taking one builds customer trust and helps you follow best practices.
No registration needed — just start
North Dakota does not require registration, permits, or licenses for cottage food operations. You can start selling immediately.
Set up proper labeling
North Dakota requires specific label elements on every product. See the labeling requirements section above for the exact list.
Start selling
Begin selling at approved venues in North Dakota. Track your sales to stay within the No cap (unlimited) annual limit.
Need more help?
Ask our AI assistant about North Dakota's specific cottage food requirements, labeling rules, and selling venues.
Chat with AI AssistantCottage food laws change frequently. This guide is for informational purposes only. Always verify current requirements with North Dakota's department of agriculture or health department before starting a cottage food business.