North Dakota Cottage Food Operations (2026)

Key Facts

Statute: NDCC 23-09.5
License required: No, for qualifying products
Sales channel: Direct to consumer
Label required: Yes, with disclaimer

Full Breakdown

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.

Violations & Penalties

Selling unapproved potentially hazardous foods or omitting required labels may result in state Department of Health enforcement and product embargo.

Frequently Asked Questions

Can North Dakota cities require cottage food licenses?

No. NDCC 23-09.5 preempts local licensing for qualifying cottage food products sold directly to informed end consumers under the Food Freedom Act.

What foods are allowed under North Dakota's cottage food law?

Non-potentially hazardous foods such as baked goods, jams, candies, and dried items qualify. Some raw and fermented foods are permitted with proper labeling and disclaimers.

North Dakota Cottage Food Law and Home Producer Rules