North Dakota Cottage Food Laws

North Dakota's cottage food law, N.D.C.C. chapter 23-09.5, bars state agencies and local governments from requiring a license, permit, inspection, packaging or labeling for cottage food sold directly to an informed end consumer for home consumption. Sales may happen at farms, farmers markets, homes and other legal venues, or through delivery. Uninspected meat is banned, and cottage food may not be sold to restaurants or stores. No sales cap appears in the law. This guide covers what you can sell, how you can sell, notices and when you need a license.

Disclaimer: This page is general information, not legal advice. Laws change, and local zoning, HOA and tax rules vary. Confirm current requirements with the North Dakota Department of Health and Human Services, or with an attorney, before you start selling.

Quick facts

• No state agency or political subdivision may require licensure, permitting, certification, inspection, packaging or labeling for cottage food sold under the law. N.D.C.C. 23-09.5-02(1)
• Sales must be directly between the cottage food operator and an informed end consumer, for home consumption only. N.D.C.C. 23-09.5-02(2)
• Delivery is allowed. N.D.C.C. 23-09.5-02(2)
• Cottage food may not be sold or used in a food establishment, food processing plant or food store. N.D.C.C. 23-09.5-02(4)
• No sales cap appears in the law. N.D.C.C. 23-09.5-02

What the law calls it

• North Dakota uses "cottage food operator," an individual producing in a kitchen designed for the residents of a private home, and "cottage food product," meaning baked goods, jams, jellies and other food and drink products. N.D.C.C. 23-09.5-01

Foods you can sell

• Baked goods, jams, jellies and other food and drink products. N.D.C.C. 23-09.5-01
• Products that need refrigeration, such as baked goods with cream, custard, meringue, cheesecake, pumpkin pie and cream cheese, are allowed if labeled with safe handling instructions and a statement that they were transported and kept frozen. N.D.C.C. 23-09.5-02(7)

Foods you cannot sell

• Uninspected products made from meat. N.D.C.C. 23-09.5-02(3)
• Uninspected poultry products, unless the operator slaughters no more than 1,000 birds of their own raising a year and meets the other conditions. Poultry products may not be sold in interstate commerce. N.D.C.C. 23-09.5-02(3)

Sales limit

• No sales cap appears in the law. N.D.C.C. 23-09.5-02

Where and how you can sell

• At a farm, ranch, farmers market, farm stand, home-based kitchen or any other venue not otherwise prohibited by law, or through delivery. N.D.C.C. 23-09.5-02(2)
• Online: the law does not mention online sales. Transactions must be directly between the operator and the informed end consumer. N.D.C.C. 23-09.5-02(2)
• Shipping: the law allows delivery but does not address mail or out-of-state shipping, except that poultry products may not move in interstate commerce. N.D.C.C. 23-09.5-01; N.D.C.C. 23-09.5-02(3)
• Wholesale: cottage food may not be sold or used in any food establishment, food processing plant or food store. N.D.C.C. 23-09.5-02(4)

Labeling and notice rules

• The operator must tell the consumer the product is not certified, labeled, licensed, packaged, regulated or inspected. N.D.C.C. 23-09.5-02(5)
• Display a sign at the point of sale or label the product with: "This product is made in a home kitchen that is not inspected by the state or local health department." N.D.C.C. 23-09.5-02(8)
• Products that need refrigeration must carry safe handling instructions and a frozen disclosure. N.D.C.C. 23-09.5-02(7)

Zoning, HOAs and local rules

• Local governments may not require licensing or inspection for cottage food. Zoning is not addressed, so check local rules. N.D.C.C. 23-09.5-02(1)
• Check your HOA documents, since the state does not review private covenants.

Inspections

• No routine inspection. The Department of Health and Human Services or a local authority may investigate an illness or environmental health complaint. N.D.C.C. 23-09.5-02(9)
• Operators may request assistance, consultation or inspection. N.D.C.C. 23-09.5-02(1)

When you need a license instead

• Sales to restaurants, stores or processors and uninspected meat require licensed and inspected production. N.D.C.C. 23-09.5-02(3); N.D.C.C. 23-09.5-02(4)

Timeline

• Chapter 23-09.5 is North Dakota's cottage food production and sales law. The official code PDF does not show enactment dates. N.D.C.C. 23-09.5-01
• Oct. 13, 2026: this page was last reviewed against the North Dakota Century Code.

Frequently asked questions

Do I need a license to sell cottage food in North Dakota?

No. The law bars state and local license and permit requirements. Source: N.D.C.C. 23-09.5-02(1).

Is there a sales cap in North Dakota?

No cap appears in the law. Source: N.D.C.C. 23-09.5-02.

Can I deliver cottage food in North Dakota?

Yes. Transactions may occur through delivery. Source: N.D.C.C. 23-09.5-02(2).

Can I ship cottage food out of state?

The law does not address it, except that poultry products may not be sold interstate. Source: N.D.C.C. 23-09.5-02(3).

Can I sell cottage food online in North Dakota?

The law does not mention online sales. Sales must be direct to the informed end consumer. Source: N.D.C.C. 23-09.5-02(2).

Can I sell to restaurants or stores?

No. Cottage food may not be sold or used in food establishments or stores. Source: N.D.C.C. 23-09.5-02(4).

Can I sell cheesecake or cream pies?

Yes, with safe handling instructions and a frozen disclosure. Source: N.D.C.C. 23-09.5-02(7).

Do I need a label in North Dakota?

Not generally, but you must post a sign or label with the home kitchen statement. Source: N.D.C.C. 23-09.5-02(8).

Can I sell homemade jerky?

No. Uninspected meat products are banned. Source: N.D.C.C. 23-09.5-02(3).

Official sources

• N.D.C.C. ch. 23-09.5

This page is general information, not legal advice. Laws change, and local zoning, HOA and tax rules vary. Confirm current requirements with the North Dakota Department of Health and Human Services, or with an attorney, before you start selling.