North Dakota Cottage Food Law 2026
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⚠️ Important Disclaimer
CottageFoodLicense.com is an informational platform, not a law firm. The information provided by our AI Checker, templates, and guides does not constitute legal advice. Cottage food laws change frequently. You must verify all information with your local health department before selling products.
Allowed
- ✓Baked goods (including perishable items such as cream-filled or cheesecake)
- ✓Jams, jellies, preserves, fruit butters
- ✓Candy and confections
- ✓Frozen produce
- ✓High-acid canned foods (pH < 4.6, verified by calibrated pH meter)
- ✓Low-acid canned goods (added by SB 2386, 2025)
- ✓Home-cooked meals (added by SB 2386, 2025)
- ✓Nonalcoholic beverages (added by SB 2386, 2025)
- ✓Uninspected poultry raised and slaughtered by the operator (subject to federal PPIA producer/grower exemption)
- ✓Eggs from the operator's own birds
- ✓Pasteurized dairy used as an ingredient
Prohibited
- ✕Commercial meat or meat products (operator's own poultry is the only animal-protein exception)
- ✕Raw (unpasteurized) milk and raw dairy products — regulated separately under HB 1131 (2023), not under cottage food law
- ✕Alcoholic beverages
- ✕Animal feed and products not intended for human consumption
Labeling Protocols
01Disclaimer (required, verbatim): 'This product is made in a home kitchen that is not inspected by the state or local health department.' — may appear on the label OR on a sign at the point of sale
02TCS/perishable products: 'SAFE HANDLING INSTRUCTIONS' in bold capital letters plus handling and storage directions (N.D.C.C. § 23-09.5-02(7))
03Ingredient list, allergen statement, producer name/address are NOT mandated by statute, but recommended best practice
FAQs
Do I need a license or permit?
No. North Dakota's Food Freedom Act (N.D.C.C. ch. 23-09.5) requires no license, registration, inspection, or fee. State agencies and local governments are statutorily barred from imposing them on cottage food operators.
Is there a sales cap?
No. North Dakota imposes zero revenue cap — one of the most permissive cottage food laws in the country.
Can I ship my products or sell online?
Yes. SB 2386 (signed March 21, 2025, effective immediately) expanded the law to permit online, phone, mail, consignment, and interstate shipping. North Dakota is one of only a handful of states explicitly allowing out-of-state shipping under its cottage food law, though federal interstate-commerce rules can still apply at scale.
What disclaimer do I have to use?
The exact statutory wording is: 'This product is made in a home kitchen that is not inspected by the state or local health department.' It may appear on the product label OR on a sign at the point of sale (N.D.A.C. 33-33-10-02).
Can I sell raw milk?
Not under the cottage food law. Raw milk and raw dairy are governed by a separate framework (HB 1131, 2023, expanded in 2025) that permits direct producer-to-consumer raw milk sales — but not as cottage food products.
Can I sell meat or poultry?
Commercial meat is prohibited. You may sell poultry that you yourself raise and slaughter, subject to the federal PPIA producer/grower exemption (commonly 1,000 birds/yr; higher tiers possible under federal exemptions). SB 2386 also legalized shipping of cottage poultry products.
Can I sell home-cooked meals and canned vegetables?
Yes — both were added by SB 2386 (2025). Home-cooked meals, nonalcoholic beverages, and low-acid canned goods are now expressly allowed alongside the original baked goods, jams, candies, and produce.
What Comes Next
After You Verify Compliance: Your Next 4 Steps
Some links below are affiliate links — we earn a small commission at no cost to you. We only recommend services we'd suggest to a friend. Full disclosure.
- 01
Liability Shield
Form an LLC
Separating your personal finances from your cottage food business protects your home and savings if a customer ever brings a claim. Both providers below file in all 50 states and handle registered agent service for North Dakota.
- 02
Protect Your Kitchen
Get Product Liability Insurance
A single allergy incident or contamination claim can erase years of profit. FLIP (Food Liability Insurance Program) is built specifically for cottage food operators — flat-rate annual policies with farmers market and online sales coverage included.
- 03
Recommended in North Dakota
Complete Food Safety Training
North Dakota does not mandate food safety training, but completing one builds buyer trust and protects you if a labeling or handling question ever arises. Learn2Serve's online course takes a few hours.
- 04
Production Ready
Set Up Your Kitchen and Labels
The right thermometers, storage containers, scale, and label printer turn a home kitchen into a compliant production space. Our Week 11 equipment guide walks through what we use and the North Dakota-specific labeling fields you'll need.
Official Sources
Verify current requirements directly with the state:
At a Glance
Permit Fee
$0
No fee. State agencies and political subdivisions are statutorily preempted from charging cottage food operators any license, permit, or inspection fee.
Renewal
N/A (no license to renew)
Shipping