Overview: North Dakota's Cottage Food Law
North Dakota allows residents to make and sell certain homemade food products directly to consumers without obtaining a commercial food processing license. This is called a "cottage food" operation, and it covers a specific set of lower-risk foods — primarily baked goods, jams, candies, and similar shelf-stable products.
North Dakota's cottage food law is a Tier 1 state — meaning no license required. No state license or registration is required before selling cottage food in North Dakota. You can begin selling as soon as you meet the labeling requirements.
Annual Sales Limit
This state has no annual gross sales limit for cottage food sellers. You can sell as much as your market allows.
License and Registration
License status: No License Required
No state license or registration is required before selling cottage food in North Dakota. You can begin selling as soon as you meet the labeling requirements.
What You Can Sell
North Dakota's cottage food law permits sales of non-TCS (non-Temperature Control for Safety) foods. These are foods that do not require refrigeration to stay safe. Common examples include:
- Baked goods (non-TCS)
- Jams & jellies
- Candy & fudge
- Granola & cereals
- Dried herbs & spices
- Roasted nuts
- Honey (from licensed beekeeper)
What you cannot sell: Anything requiring refrigeration — custard pies, cream-filled pastries, cheesecakes, meat products, most dairy items, and home-canned low-acid vegetables are not permitted under cottage food exemptions in most states.
Labeling Requirements
Every cottage food product sold in North Dakota must be properly labeled. At minimum, your label must include:
- Your full name and home address
- The name of the food product
- A complete list of ingredients in descending order by weight
- Net weight or volume
- A disclosure that the food was made in an uninspected home kitchen
- Any major food allergens (FDA allergen labeling rules apply)
The exact wording of the required disclosure statement varies by state. Check with the North Dakota Department of Agriculture for the required language. Using incorrect or incomplete wording can result in fines or being asked to stop selling.
See our complete guide: Federal Cottage Food Labeling Requirements
Where You Can Sell
In North Dakota, cottage food may be sold:
- Farmers markets — most markets welcome cottage food vendors
- Direct to consumer — at your home, at community events, or by arrangement
- Craft fairs and pop-up markets — generally permitted as direct sales
- Online (in-state only) — you may take orders online and deliver within the state
How to Get Started in North Dakota
Here is the step-by-step process for legally starting a cottage food operation in North Dakota:
- Identify your products — confirm they are non-TCS and permitted under North Dakota's law
- Create compliant labels — include all required fields and the required disclosure statement
- Track your sales — maintain records of gross sales to stay under the cap
- Find your venues — apply to farmers markets and community events in your area
Cottage food laws in North Dakota may have changed since this page was last updated (2021). Always confirm current rules directly with the North Dakota Department of Agriculture before your first sale.
Frequently Asked Questions
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No license or registration is required in North Dakota. However, you must comply with labeling requirements and stay under the No annual cap annual gross sales limit.
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Yes — farmers markets are a permitted sales channel under North Dakota's cottage food law. Confirm with your specific market that they allow cottage food vendors, as individual market rules may vary.
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Yes — North Dakota allows in-state online sales and delivery.
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Foods that require time/temperature control for safety (TCS foods) are generally not permitted. This includes anything that must be refrigerated: custard pies, cream-filled pastries, cheesecakes, meat products, most dairy products, home-canned low-acid vegetables, and fermented foods that require refrigeration. When in doubt, check with the North Dakota Department of Agriculture.
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At minimum, your label must include: your full name and home address, the name of the food product, a complete list of ingredients in descending order by weight, the net weight or volume, and a disclosure statement indicating the food was made in an uninspected home kitchen. Some states require specific exact language — check with North Dakota's agriculture department for the required wording.
Official Source
All cottage food operations in North Dakota are governed by N.D. Cent. Code § 23-09. The administering agency is the North Dakota Department of Agriculture (or equivalent).