North Dakota's cottage food law (NDCC 23-09.5) allows home producers to sell certain non-potentially hazardous foods directly to consumers without a license, preempting local food licensing for qualifying products.
NDCC Chapter 23-09.5, enacted as the Food Freedom Act, permits sales of home-produced foods directly to informed end consumers at farms, farmers markets, ranches, homes, offices, and similar venues. Allowable products include baked goods, jams, candies, dried foods, and other non-potentially hazardous items. Some raw and fermented products are also permitted with labeling. Producers must label products with name, address, and a notice that the food was not inspected. Local health departments may not require licensing for cottage food sales but may investigate confirmed foodborne illness complaints.
Selling unapproved potentially hazardous foods or omitting required labels may result in state Department of Health enforcement and product embargo.
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