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Cottage food laws

North Dakota Cottage Food Law

Can you sell homemade food from your home kitchen in North Dakota? Here are the sales cap, allowed foods, where you can sell, and the point where you must move into a licensed commercial kitchen.
Educational summary, not legal advice — cottage food rules change; confirm with the state before you sell.
Program
Cottage Food / Food Freedom Act
Annual sales cap
No cap
Where you can sell
Direct/in-personFarmers marketsHome pickupOnline/phone/mailConsignmentShipping (interstate allowed)
Registration / to start
No license/registration; labeling required
Allowed foods
Baked goods, jams, candies, produce, home-cooked meals, nonalcoholic beverages, low-acid canned goods; poultry products shippable nationwide
Not allowed
Certain higher-risk items outside scope; (destination-state law governs receipt of shipped items)
When you need a commercial / commissary kitchen
Products beyond the Food Freedom Act's scope require a licensed facility
Administered by
North Dakota Department of Agriculture (with Dept of Health for safety) · N.D. Cottage Foods Act; SB 2386 (2025)

Source: North Dakota Department of Agriculture (with Dept of Health for safety). Cottage food laws change often — confirm current rules before selling.

Good to know

SB 2386 (signed March 21, 2025) is the nation's most permissive on shipping: allows online/phone/mail/consignment AND out-of-state shipping (if destination state permits receipt), plus home-cooked meals and low-acid canned goods.

Outgrowing cottage food? When you need a licensed kitchen, see North Dakota food-business requirements, estimate the build with the cost-to-open calculator, and check whether you need a hood.

Frequently asked

Can I sell homemade food in North Dakota?
Yes. North Dakota has a cottage food framework (Cottage Food / Food Freedom Act) that lets individuals make and sell certain non-hazardous foods from a home kitchen. There is no sales cap. You still must follow the state's rules on allowed foods, labeling, and where you can sell. Administered by North Dakota Department of Agriculture (with Dept of Health for safety).
What foods can I sell under North Dakota's cottage food law?
Baked goods, jams, candies, produce, home-cooked meals, nonalcoholic beverages, low-acid canned goods; poultry products shippable nationwide Not allowed: Certain higher-risk items outside scope; (destination-state law governs receipt of shipped items)
When do I need a commercial or commissary kitchen in North Dakota?
Products beyond the Food Freedom Act's scope require a licensed facility At that point, see the requirements and permit fees for your area.
Do I need a license or registration for cottage food in North Dakota?
No license/registration; labeling required
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