North Dakota cottage food law

Selling home-baked goods in North Dakota

How home bakers in North Dakota can sell what they make: the sales limit, permits, training, where you can sell and the statement your labels must carry.

At a glance

Sales limit: The state sets no yearly sales limit.
License or permit: No state permit or registration is required.
Food safety training: No food safety training is required by the state.
Online orders: Allowed: SB 2386 removed the earlier ban on transactions over the internet or phone, through the mail, or by consignment.
Label statement: “This product is made in a home kitchen that is not inspected by the state or local health department.”

About this information. North Dakota’s rules are summarized from the latest publicly available state laws, regulations and agency guidance, last checked November 3, 2026. Laws change, and county and city health departments may have their own requirements. This is not legal advice. Before you sell, confirm the rules with your state or local health department.

Cottage food operator (Cottage Food Production and Sales)

N.D.C.C. 23-09.5-01, 23-09.5-02; N.D. Admin. Code 33-33-10-04 and 33-33-10-05 · HB 1433 (65th Legislative Assembly, 2017); amended by SB 2386 (69th Legislative Assembly, 2025, emergency measure, effective 2025-03-20)

Yearly sales limit

No state limit
No yearly sales limit in N.D.C.C. 23-09.5. (A poultry limit of 1,000 birds a year applies only to uninspected poultry products.)

Permit or registration

Not required by the state

Food safety training

Where you make it

A kitchen designed and intended for use by the residents of a private home (N.D.C.C. 23-09.5-01). The operator must be an individual. No kitchen rules, pet rules, or primary-residence rule are set. A person (or household member) with symptoms of a contagious or infectious disease may not knowingly handle or prepare cottage food or work in the production area (N.D. Admin. Code 33-33-10-05).

Selling in person

Allowed: directly between the operator and the informed end consumer at a farm, ranch, farmers market, farm stand, home-based kitchen, or any other venue not otherwise prohibited by law (N.D.C.C. 23-09.5-02(2))

Phone and online orders

Allowed: SB 2386 (2025) removed the earlier ban on transactions over the internet or phone, through the mail, or by consignment. HHS web page has not been updated (see open questions).

Delivery and shipping

Allowed: transactions may occur through delivery (N.D.C.C. 23-09.5-02(2)); delivery means the transfer of the product resulting from a transaction between the operator and an informed end consumer (23-09.5-01(3))

Selling out of state

Allowed by North Dakota law since SB 2386 (2025), except poultry products; the other state's rules also apply. Outside this app's in-state scope.

Stores and wholesale

Not allowed: except whole, unprocessed fruits and vegetables, cottage food may not be sold or used in any food establishment, food processing plant, or food store (N.D.C.C. 23-09.5-02(4))

Examples you can sell

Baked goods, jams, jellies, and other food and drink products made by a cottage food operator (N.D.C.C. 23-09.5-01(2)). The law has no list of allowed foods and no ban on potentially hazardous foods; this app covers shelf-stable foods only.

Baked goods (breads, cookies, cakes, fruit pies)
Jams and jellies
Other food and drink products (the statute's words)

Not allowed

Uninspected products made from meat (N.D.C.C. 23-09.5-02(3)(a))
Uninspected poultry products, unless the operator slaughters no more than 1,000 poultry it raised during the calendar year, buys or sells no other poultry products, and the product is not adulterated or misbranded (23-09.5-02(3)(b))
Poultry products in any sale that involves interstate commerce (23-09.5-02(3)(c))
Foods that need refrigeration (e.g., cream, custard, meringue, cheesecake, pumpkin pie, cream cheese) are allowed by law only if transported and kept frozen, with safe handling instructions and a disclosure statement (23-09.5-02(7)); outside this app's shelf-stable scope

The statement your labels must carry

This product is made in a home kitchen that is not inspected by the state or local health department.

Common questions about North Dakota’s cottage food law

Can I sell baked goods from home in North Dakota?

Yes. North Dakota lets home bakers sell food made in their own kitchen as a cottage food operator (Cottage Food Production and Sales). Most baked goods that don’t need refrigeration qualify; see the examples on this page.

Do I need a license or permit to sell baked goods in North Dakota?

No state permit or registration is required.

How much can I sell from home in North Dakota?

The state sets no yearly sales limit.

Do I need food safety training in North Dakota?

No food safety training is required by the state.

Can I sell online or ship my baked goods in North Dakota?

Online and phone orders: Allowed: SB 2386 removed the earlier ban on transactions over the internet or phone, through the mail, or by consignment. Delivery and shipping: Allowed: transactions may occur through delivery; delivery means the transfer of the product resulting from a transaction between the operator and an informed end…

What must a cottage food label say in North Dakota?

Labels must carry this statement: “This product is made in a home kitchen that is not inspected by the state or local health department.”. Most states also require the product name, ingredients in order of weight, allergens, net weight, and your name and address.

Home and Hearth Baker knows North Dakota’s rules

The program puts North Dakota’s required wording on every label for you, tracks your sales against any yearly limit, and updates for free when the rules change.

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