Why this matters
What North Dakota actually allows — and what it doesn't.
North Dakota permits cottage food sales under N.D.C.C. Chapter 23-09.5 (Food Freedom Act, 2017); SB 2386 (2025, effective March 20, 2025). The statute sets no revenue cap on cottage food sales. No state registration is required; optional ID programs may be available for label privacy.
Annual revenue cap
North Dakota sets no cap on cottage food revenue.
Annual gross cap
Unlimited
Required label language
Every package carries a statutory disclaimer.
The disclaimer below must appear on every package, in the exact casing the statute specifies:
Required on every label
This product is made in a home kitchen that is not inspected by the state or local health department
— N.D.C.C. Chapter 23-09.5 (Food Freedom Act, 2017); SB 2386 (2025, effective March 20, 2025)
Sales channels
Where you can sell in North Dakota — and where you can't.
Online ordering
YesYesShipping
YesYesSeller delivery
YesYesThird-party delivery (DoorDash, Uber Eats)
YesYesInterstate sales
YesYesWholesale to retail stores
NoNoLicense, permit & registration
North Dakota does not require state registration for basic cottage food sales.
Do you need a cottage food license or permit in North Dakota? For basic cottage foods, North Dakota does not require a separate license or permit — but other rules can still apply.
- Registration
Not required
- Labeling standard
Standard
- Inspection
None
- Food safety certification
Not required
- Address privacy
Not available
Food categories
Foods the basic cottage food rules usually do not cover.
- Meat
- Wild Game
- Fish Commercial
- Seafood Commercial
- Wild Mushrooms
- Alcoholic Beverages
How to start
Steps to a legal first sale in North Dakota.
Confirm your products qualify
Compare your menu against North Dakota's cottage food rules. Temperature-controlled, meat, seafood, and low-acid canned items often require a different path; check the state-specific food categories above.
Label every product correctly
Every label must include your name (or registered ID), product name, ingredients, allergens, and the statute-required disclaimer verbatim.
Start taking orders
North Dakota allows online orders, in-state shipping, seller delivery. Route orders through your own channels.
Frequently asked
North Dakota cottage food — your questions answered.
Do I need a cottage food license in North Dakota?
No. North Dakota's Food Freedom Act (N.D.C.C. Chapter 23-09.5, updated by SB 2386 in 2025) lets you sell many homemade foods directly to consumers with no license and no revenue cap. It is one of the broadest home-food laws in the country.
Can I sell prepared or cooked foods from home in North Dakota?
Often yes — the Food Freedom Act reaches beyond shelf-stable baked goods to many prepared foods sold directly to an informed consumer. What stays off the list: uninspected meat, wild game, commercially harvested fish and seafood, wild mushrooms, and alcohol. Fully commercial restaurant service still needs licensing.
Can I ship homemade food to customers in other states from North Dakota?
Yes. North Dakota's framework contemplates shipping outside the state, but the destination state's rules still matter for that order. Treat an interstate sale as its own checkout question rather than a casual add-on, and confirm the receiving state allows what you are shipping before you accept it.
What has to go on a North Dakota home-food label?
Your label has to carry North Dakota's required home-kitchen disclaimer, so write that in before you take orders. North Dakota also has no state address-privacy mechanism, so there is no state-issued ID number you can use to keep your personal details off the label.
North Dakota cottage food laws: what is the short version?
North Dakota does not require state registration for basic cottage food sales. The cited state sources do not list a revenue cap. North Dakota allows online orders, in-state shipping, seller delivery for cottage food sellers. North Dakota also has a path for prepared or time/temperature-control foods, and that path has separate state rules.
Do I need a cottage food license or permit in North Dakota?
Not for the basic cottage food path, based on the state sources cited on this page. North Dakota also has a path for prepared or time/temperature-control foods, and that path has separate state rules. North Dakota may still have label, food-category, local zoning, or other business rules, so check the official source before you sell.
What foods can I sell from home in North Dakota?
North Dakota's basic cottage food rules mainly cover foods that do not need time or temperature control for safety. North Dakota also has a path for prepared or time/temperature-control foods, and that path has separate state rules. Common no-go categories include meat, wild game, fish commercial, seafood commercial, wild mushrooms.