Skip to main content

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.

Selling

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.

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

Limitations

Limitations
There is no sales limit

Business

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.

Labeling

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 10/18/2018


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.

Resources

Contacts

Kenan Bullinger

Job Title
Director of Food and Lodging
Organization
North Dakota Department of Health
Telephone
701-328-1291

Jamie Good

Job Title
Local Foods Marketing Specialist
Organization
ND Department of Agriculture
Email
[email protected]
Telephone
701-328-2659
Address
600 E. Boulevard Ave., Dept 602
Bismarck, ND 58505
This page was last updated on

Comments

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.

or comment as a guest
* required (your email will not be displayed on the site)
Allowed tags