Home food business guide · Last reviewed October 2026
Cottage Food Laws in North Dakota
North Dakota has no annual sales cap on most home food sales (No cap). No state food permit is required for cottage food, though local requirements may still apply. Some foods that need refrigeration are allowed, with conditions, which is less common. Of the 40 common products in our finder, 32 can be made in a home kitchen in North Dakota, many with conditions.
Online, mail, and out-of-state sales (SB 2386, 2025)
Sell through stores
Consignment; no food stores or restaurants
Refrigerated & TCS foods
Yes; refrigerated items transported frozen with safe-handling labels
Quick facts are summarized from 50-state trackers (Ardent Seller, reviewed October 1, 2026, cross-checked with PermitDeck and Food Business Pros). Where the details below differ, follow the state sources listed at the bottom of this page and confirm with the agency.
How 40 common products are treated in North Dakota, with the condition or reason for each. Items marked "general rule" weren't specifically addressed in the state's guidance.
No state or local registration, license, or inspection can be required for cottage food sold directly to an informed end consumer.
Uninspected meat is excluded. Poultry is allowed only from up to 1,000 birds you raise yourself, and not across state lines.
Sell at your farm, ranch, home, farmers markets, farm stands, or by delivery. SB 2386 (2025) adds online, phone, mail, consignment, and out-of-state sales.
Refrigerated items like cream pies and cheesecake must carry safe-handling instructions and be transported frozen.
Post the required sign or label (see the checklist below).
Legal paths
Cottage food
Where
Your home kitchen
Sell
Directly to informed consumers at farms, markets, home, and by delivery; online, mail, consignment, and out-of-state sales since SB 2386 (2025). Not in food stores or restaurants.
Sales cap
None
Paperwork
None
Commercial kitchen
Where
A licensed commercial kitchen
Sell
Stores, restaurants, and inspected meat products
Sales cap
None
Paperwork
Food establishment license; usually FDA registration
Commercial canning
Where
Licensed commercial facility
Sell
Low-acid canned foods sold wholesale
Sales cap
None
Paperwork
Process authority review, FDA scheduled-process filing
Label requirements
Required by N.D.C.C. 23-09.5 on a sign at the point of sale or on the product label.
“This product is made in a home kitchen that is not inspected by the state or local health department.”
Tell buyers the product isn't certified, labeled, licensed, packaged, regulated, or inspected
Refrigerated items: safe-handling instructions and a note that it was transported frozen
Turning a recipe into a product?
Mendocino Food Consulting helps food entrepreneurs with food science, formulation, and process questions. We are food scientists, not attorneys, and we don't provide legal advice.