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North Dakota

North Dakota technically does not have a cottage food law, but the ag and health departments allow producers to sell certain types of homemade food without a license or inspection. These sales must take place at farmers markets, roadside stands, and certain types of public events. The types of food producers are allowed to sell are generally limited to home-baked and home-canned goods, but restrictions vary by county.


In addition to farmers markets and roadside stands, producers can sell at “community and nonprofit events… such as: county fairs, nonprofit and charitable events, public-spirited and/or community celebrations”, but not “craft shows, food festivals, or other profit events”.

Even though online sales are not allowed, you may advertise on the internet.

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Allowed Foods

Some counties do not allow certain kinds of canned goods. More information is in the Farm to Market Guide, or check with your county’s health department for specifics.

Only "non-potentially hazardous" foods are allowed, but certain non-PHFs may not be allowed. Most foods that don't need to be refrigerated (foods without meat, cheese, etc.) are considered non-potentially hazardous. Learn more


There is no sales limit


Producers usually do not need any licensing, or a home kitchen inspection, to start their business — but you should check with your local health dept to be sure.

Although training is not required, producers are urged to have their home-canned goods reviewed by an authority in the food canning industry.


Sample Label

Chocolate Chip Cookies

“This product was not produced in a commercial kitchen. It has been home-processed in a kitchen that may also use common food allergens such as tree nuts, peanuts, eggs, soy, wheat, milk, fish, and crustacean shellfish.”

These food products have been produced in a domestic kitchen and have not been produced under inspection.

Forrager Cookie Company

123 Chewy Way, Cookietown, ND 73531

Ingredients: enriched flour (wheat flour, malted barley flour, niacin, iron, thiamin mononitrate, riboflavin, folic acid), butter (cream, salt), semi-sweet chocolate (sugar, chocolate, cocoa butter, milkfat, soy lecithin, natural flavors), brown sugar, granulated sugar, eggs, vanilla extract (vanilla bean extract, alcohol, sugar), baking soda, salt (salt, calcium silicate)

Produced on 11/18/2019

The seller must also display a sign at the point of sale with this statement: “These canned goods/baked goods are homemade and not subject to state inspection. These food products have been produced in a domestic kitchen and have not been produced under inspection.”

Some counties have different labeling requirements. Please check the Farm to Market Guide for more info.



Kenan Bullinger

Job Title
Director of Food and Lodging
North Dakota Department of Health

Jamie Good

Job Title
Local Foods Marketing Specialist
ND Department of Agriculture
[email protected]
600 E. Boulevard Ave., Dept 602
Bismarck, ND 58505

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Starting a cottage food business?


Top 10 Mistakes To Avoid When Starting A Cottage Food Business

(Some of them just might surprise you!)


Be aware that each county in North Dakota is allowed to make regulations that are stricter than the state regulations. First District Health Unit DOES require certification/licensing of producers who sell to restaurants and grocery stores as an example. It is always best to check with your local health district before choosing to sell a product.

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