North Dakota Statewide Rule
North Dakota Mobile Food Establishment State License
Key Facts
- Statute
- NDCC Chapter 23-09
- Food Code
- NDAC 33-33-04.1
- Authority
- ND Health & Human Services
- Commissary
- Required
- Pre-opening
- Inspection required
Summary
North Dakota requires mobile food establishments, including food trucks and trailers, to obtain a state license under NDCC Chapter 23-09 and the North Dakota Food Code (NDAC 33-33-04.1). Licensing is handled by Health and Human Services or a delegated local public health unit; sanitation standards apply uniformly statewide.
23-09-16. License - Application. Before any food establishment, lodging establishment, pushcart, mobile food unit, or assisted living facility may be operated in this state, it must be licensed by the department. The department shall waive the license requirement for any food establishment, lodging Page No. 4 establishment, or assisted living facility licensed by a city or district health unit if the local health unit's sanitation, safety, and inspection rules are approved by the department. The application must be in writing on forms furnished by the department and must be accompanied by the required fee. The department shall issue a license to an applicant that meets all of the requirements of this chapter and any rules established by the department. The department may adopt rules establishing the amount and the procedures for the collection of annual license fees.
Full Breakdown
Under NDCC Chapter 23-09 and the North Dakota Food Code (NDAC 33-33-04.1), all mobile food establishments operating in North Dakota must be licensed by the Department of Health and Human Services or its delegated local public health unit. License fees are set by rule. Operators must use approved water sources, equip the unit with handwashing sinks, and identify a licensed commissary. A pre-opening inspection is required. Cottage food producers operate under separate NDCC 23-09.5 rules. The state Food Code is the minimum sanitation standard; cities cannot adopt weaker rules but may add zoning, vending-zone, or special-event permit requirements.
Violations & Penalties
Operating without a license or violating the Food Code is a class B misdemeanor with fines, license suspension, and immediate closure orders.
Frequently Asked Questions
Do I need a separate license for each city I operate in?
Are cottage food producers exempt from food truck rules?
Sources
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