Is Cottage Food Legal in North Dakota? (2026)

Key facts

Status

Legal

Permit required

No

Jurisdiction

North Dakota

Last reviewed

2026-02-26

Cottage Food laws in North Dakota

North Dakota Century Code Chapter 23-09.2, known as the "Home-Based Microbusiness Act," permits individuals to prepare and sell certain cottage foods from their private homes. The law distinguishes between "low-risk home-based microbusinesses" and those requiring more oversight. Low-risk operations are exempt from many standard food establishment regulations, including routine inspections required of commercial kitchens, provided they meet specific criteria regarding the types of food produced and sales limits. Products must be non-potentially hazardous, meaning they do not require temperature control for safety. Examples typically include baked goods, jams, jellies, and dried herbs. Sales are allowed directly to consumers within North Dakota. To operate as a low-risk home-based microbusiness, producers must label their products with specific information, including their name and address, the product name, ingredients in descending order of predominance, and a statement that the food was prepared in a kitchen that is not subject to state food safety inspections. There are annual gross sales limits that define a low-risk microbusiness, which may be updated by the North Dakota Department of Health. Exceeding these limits or producing potentially hazardous foods would typically require a commercial food license and adherence to full food safety regulations and inspections. The intent of the law is to encourage entrepreneurship while ensuring a baseline level of public health protection.

Frequently asked questions

Is cottage food legal in North Dakota for travelers?

For travelers visiting North Dakota, cottage food is currently legal. North Dakota Century Code Chapter 23-09.2, known as the "Home-Based Microbusiness Act," permits individuals to prepare and sell certain cottage foods from their private homes. The law distinguishes between "low-risk home-based microbusinesses" and those requiring more oversight. Low-risk operations are exempt from many standard food establishment regulations, including routine inspections required of commercial kitchens, provided they meet specific criteria regarding the types of food produced and sales limits. Products must be non-potentially hazardous, meaning they do not require temperature control for safety. Examples typically include baked goods, jams, jellies, and dried herbs. Sales are allowed directly to consumers within North Dakota. To operate as a low-risk home-based microbusiness, producers must label their products with specific information, including their name and address, the product name, ingredients in descending order of predominance, and a statement that the food was prepared in a kitchen that is not subject to state food safety inspections. There are annual gross sales limits that define a low-risk microbusiness, which may be updated by the North Dakota Department of Health. Exceeding these limits or producing potentially hazardous foods would typically require a commercial food license and adherence to full food safety regulations and inspections. The intent of the law is to encourage entrepreneurship while ensuring a baseline level of public health protection.

Do I need a permit for cottage food in North Dakota?

North Dakota does not specifically require a permit for cottage food, though general regulations apply.

Can I transport cottage food through North Dakota?

Transport laws for cottage food in North Dakota depend on the specific item and your route. Generally, transport is allowed if you comply with state regulations. Always check states you pass through.

What are the penalties for cottage food violations in North Dakota?

Penalties for cottage food violations in North Dakota vary based on the specific offense. Always verify current laws before traveling.