North Dakota Cottage Food Law: Comprehensive Guide
This guide provides an up-to-date, comprehensive overview of North Dakota’s Cottage Food Act, highlighting essentials for home-based food entrepreneurs—from enactment history and allowed products to registration, safety, labeling, and practical steps to get started.
Quick Facts
| Requirement | North Dakota |
|---|---|
| Annual Sales Limit | Not specified in available resources; verify with Division of Food and Lodging |
| License Required | No – cottage food sales are allowed without license or inspection fees under the ND Cottage Foods Act |
| Registration Required | Not specified; no formal registration indicated |
| Home Inspection | No – home kitchens do not require state inspection |
| Food Safety Training | Not required by state code; food handler training recommended, local requirements may vary |
| Labeling Required | Not detailed; confirmed guidance not provided in sources |
| Online Sales | Not specified; direct-to-consumer sales allowed, but confirm online shipping rules |
| Delivery | Not specified; confirm with authorities |
| Shipping | Not specified; verify with Division of Food and Lodging |
1. Overview / Introduction
The North Dakota Cottage Foods Act, enacted during the 65th Legislative Assembly and enacted by House Bill 1433, became effective August 1, 2017. This Act permits the sale of uninspected, homemade cottage food products directly to the informed end consumer for home consumption, offering a license- and inspection-free opportunity for small, start‑up, home‑based food businesses (hhs.nd.gov).
2. Sales Limits
The available resources (Cottage Food Resources PDF and ND Cottage Food Act summary) do not specify any annual revenue limits for cottage food operations. If this information is critical, it's recommended to reach out to the ND Division of Food and Lodging for clarification (hhs.nd.gov).
3. Licensing & Registration
According to the ND Cottage Foods Act, cottage food operations can sell without obtaining a license or paying inspection fees, provided the products are homemade and sold directly to the end consumer for home use (hhs.nd.gov). The PDF resource lists contact information for the Division of Food and Lodging but does not outline any requirements for formal registration (hhs.nd.gov).
4. Training Requirements
While food handler training and Certified Food Protection Manager (CFPM) certification are not required by state law, they are recommended. Requirements may vary at the local level, so cottage food entrepreneurs should check with their local public health unit (hhs.nd.gov).
5. Home Kitchen Inspection
The Cottage Food Act explicitly allows sales from uninspected kitchens, meaning no home kitchen inspection is required under state law (hhs.nd.gov). However, entrepreneurs should confirm there are no additional local regulations mandating inspection.
6. Allowed Foods
The sources do not list specific categories or examples of allowed cottage foods under the Act. This omission suggests that the state’s guidance documents might provide such a list—consulting the Cottage Food Resources PDF directly, or contacting the Division of Food and Lodging, is recommended to ensure compliance.
7. Prohibited Foods
No explicit information on prohibited foods appears in these state resources. Typically, high‑risk temperature-controlled for safety (TCS) foods require a food establishment license. Cottage food participants should assume TCS foods may not be allowed unless clarified through official guidance (hhs.nd.gov).
8. Labeling Requirements
No detailed labeling standards (ingredient lists, allergy warnings, statement of origin, etc.) are outlined in the available sources. Cottage food operators should consult the Cottage Food Resources or contact the Division of Food and Lodging to obtain any required label specifications, including font size or consumer advisory statements (hhs.nd.gov).
9. Where You Can Sell
The North Dakota Cottage Foods Act allows direct sale to the end consumer—this could include venues such as farmers markets, in‑person sales at home, or other direct methods, provided products are for home use. However, the sources do not explicitly confirm online, shipping, or delivery options; entrepreneurs should verify these through the Division of Food and Lodging (hhs.nd.gov).
10. Sales Tax
No information regarding state or local sales tax obligations for cottage food sales is provided in the cited resources. Sellers should check with the North Dakota Office of State Tax Commissioner or local tax authorities to understand any applicable sales tax requirements.
11. Special Exemptions
The law itself is effectively a special exemption—it permits uninspected, license‑free sales of homemade products. No additional exemptions are mentioned in the resources provided.
12. Getting Started
Practical steps for aspiring cottage food entrepreneurs:
- Review the North Dakota Cottage Foods Act summary and Cottage Food Resources PDF for guidance (hhs.nd.gov).
- Contact the Division of Food and Lodging to confirm details: phone (701) 328‑1291, email foodandlodging@nd.gov (hhs.nd.gov).
- Enroll in food handler training (recommended) and check whether your local jurisdiction requires more than the state minimum (hhs.nd.gov).
- Clarify which foods are permitted, labeling requirements, and approved sales venues.
- Draft product labels based on confirmed requirements.
- Begin selling directly to consumers once compliance is assured.
13. Official Resources
Key official resources and contacts:
- North Dakota Cottage Foods Act details via HHS Cottage Food page (hhs.nd.gov)
- Cottage Food Resources PDF (updated 10/2019) (hhs.nd.gov)
- Division of Food and Lodging contact info: (701) 328‑1291, foodandlodging@nd.gov (hhs.nd.gov)
- Food Safety Training page for recommended courses (hhs.nd.gov)
Official Sources
This guide was compiled from the following official sources:
Important Notes
⚠️ Information on allowed/prohibited foods, labeling standards, sales tax, online/delivery/shipping permissions are not specified in the available state materials. Entrepreneurs should verify with the Division of Food and Lodging before proceeding.
⚠️ Some guidance materials appear dated (e.g. Cottage Food Resources updated 10/2019). Check for the most current versions or updates.