North Dakota cottage food law

The rules at a glance

North Dakota Cottage Foods Act

• Unattended honesty stand?

  Not addressed

  The law lists farm stands but doesn't mention unattended or self-serve sales.

• Sign up with the state?

  No

  No license, permit or inspection fee.

  Source

  • This law gives small and home-based businesses a chance to start selling food without license or inspection feesNorth Dakota Health and Human Services: Cottage Food
  • Notwithstanding any other provision of law, a state agency or political subdivision may not require licensure, permitting, certification, inspection, packaging, or labeling that pertains to the preparation or sale of cottage food products under this sectionNorth Dakota Century Code ch. 23-09.5, Cottage Food Production and Sales (PDF)

• Food safety class?

  Not addressed

  The cottage food law doesn't mention a food safety class.

• Kitchen inspection?

  Sometimes

  No routine checks. The state can investigate an illness or environmental complaint.

  Source

  • Notwithstanding any other provision of law, a state agency or political subdivision may not require licensure, permitting, certification, inspection, packaging, or labeling that pertains to the preparation or sale of cottage food products under this sectionNorth Dakota Century Code ch. 23-09.5, Cottage Food Production and Sales (PDF)
  • The department of health and human services or a local regulating authority may conduct an investigation upon complaint of an illness or environmental health complaintNorth Dakota Century Code ch. 23-09.5, Cottage Food Production and Sales (PDF)

• Yearly sales limit

  No limit

  The chapter sets no yearly sales cap.

  Source

  • Transactions under this section must be directly between the cottage food operator and the informed end consumer and be only for home consumptionNorth Dakota Century Code ch. 23-09.5, Cottage Food Production and Sales (PDF)

• Foods that need a fridge?

  Yes

  Refrigerated foods need safe handling labels and a frozen-transport statement.

  Source

  • A cottage food operator shall label all cottage food products that require refrigeration, such as baked goods containing cream, custard, meringue, cheesecake, pumpkin pie, and cream cheeseNorth Dakota Century Code ch. 23-09.5, Cottage Food Production and Sales (PDF)

• Take orders online?

  Not addressed

  The law doesn't say whether orders can be taken online or by message.

• Ship or mail orders?

  Not addressed

  The law allows delivery but doesn't name mail or a delivery company.

• Sell through shops?

  No

  No food establishments, processing plants or food stores.

  Source

  • Except for whole, unprocessed fruits and vegetables, food prepared by a cottage food operator may not be sold or used in any food establishment, food processing plant, or food storeNorth Dakota Century Code ch. 23-09.5, Cottage Food Production and Sales (PDF)

What goes on the label