North Dakota cottage food laws
Among the most permissive cottage food laws in America, with interstate shipping now allowed.
North Dakota's Food Freedom Act lets producers sell almost any food except commercial meat directly to informed end consumers, with no permit, no inspection, and no sales cap. SB 2386 (signed in 2025) goes further than any other state by authorizing interstate shipping for North Dakota cottage producers when the receiving state's law permits it.
North Dakota cottage food, quick facts.
How the North Dakota cottage food law actually works.
North Dakota's Food Freedom Act (originally passed in 2017 and now codified at N.D.C.C. ch. 4.1-44) is one of the broadest homemade food laws in the United States. Instead of a narrow allowed-foods list, the statute starts with the premise that producers can sell almost any food directly to an informed end consumer. Commercially butchered meat is the main exception. Even some perishable items and home-raised poultry are allowed under defined conditions.
There is no permit, no fee, no inspection, no registration, and no annual sales cap. The state cannot require a cottage producer to apply for a food establishment license for products covered by the Act. Local cities and counties are also preempted from adding their own permits.
In 2025 the legislature passed SB 2386, which expanded the Act to authorize interstate shipping. North Dakota cottage producers are now among the only homemade food sellers in the country who can legally ship products to customers in other states, provided the destination state's law permits the receipt of homemade food. That makes North Dakota arguably the most permissive cottage food jurisdiction in the country.
Sales must be direct from producer to end consumer. The buyer must be informed that the food was produced at home and is not inspected. Sales through grocery stores, restaurants, and other retail establishments are not authorized under the Act.
Allowed and prohibited foods.
- Cookies, brownies, biscotti, bars
- Cakes, cupcakes, cheesecakes, cream pies, custard pies
- Breads, rolls, pastries, scones, muffins
- Candies, fudge, caramels, chocolates
- Jams, jellies, fruit preserves, fruit butters
- Canned goods including pickles, salsas, and acidified vegetables
- Granola, cereal, popcorn, snack mixes
- Dehydrated fruits, vegetables, meats (jerky)
- Dry mixes, roasted coffee, tea blends
- Eggs (with proper handling and labeling)
- Home-raised poultry (slaughter and processing rules apply)
- Frostings of any kind, including cream cheese
- Commercial meat that you did not raise yourself
- Federally regulated meat products from livestock
- Foods sold through retail establishments or restaurants for resale
- Beverages or foods that misrepresent ingredients or source
North Dakota essentially flips the model: instead of an allowed list, the law says you can sell almost anything except certain commercial meats, as long as the buyer is informed and the sale is direct. Always confirm a specific product with the North Dakota Department of Agriculture if you are unsure.
Sales channels for North Dakota cottage bakers.
- Sales must be directly from producer to informed end consumer.
- The Act preempts local rules: cities and counties cannot require their own permits.
- Interstate shipping is the producer's responsibility to confirm under both states' laws.
Label every product, exactly like this.
This product is made in a home kitchen that is not inspected by the state or local health department.
- If you sell unpackaged items at a farmers market or pop-up, the disclaimer must be displayed at the point of sale.
- For perishable products such as cheesecakes or cream pies, include safe-handling and refrigeration instructions.
- Labels must be in English. Other languages are welcome in addition.
How much can you earn under North Dakota cottage law?
North Dakota does not impose any sales cap on cottage food operations. The Food Freedom Act explicitly removes that kind of limit so producers can grow without triggering a license.
Food safety training in North Dakota
North Dakota does not require state food safety training for cottage operators. NDSU Extension and the North Dakota Department of Agriculture both publish food safety education materials that are useful even though they are not mandatory. Some farmers markets may ask vendors for a food handler card on their own.
Registration, permits, and inspections in North Dakota
There is no state registration step. You do not file paperwork with the Department of Agriculture, do not pay a fee, and do not receive a permit number. You simply follow the labeling and informed-consumer rules. Local rules around business registration, zoning, and sales tax still apply.
How to start a cottage bakery in North Dakota.
- 01Read the Food Freedom ActStart with the statute and the North Dakota Department of Agriculture cottage foods page. Understand who counts as an informed end consumer, what counts as a homemade food, and how interstate shipping works under SB 2386.ND Department of Agriculture: Cottage Foods →
- 02Decide your product listNorth Dakota lets you sell perishable items like cheesecakes and cream pies, but you should still treat them with proper temperature control. Decide what you want to make and how you will keep it safe.
- 03Build your label templateInclude producer name, contact info, common product name, ingredients, allergens, and the required home-kitchen disclaimer. For perishable products, add safe-handling and refrigeration instructions.
- 04Plan your shipping policyIf you want to ship out of state under SB 2386, confirm the destination state's law before shipping. Use insulated packaging and ice packs for any perishable items.
- 05Set up your storefront on CakeryCakery gives you a free bakery page at cakerybakeries.com/your-bakery. Add your menu, prices, lead times, and pickup, delivery, or shipping zones so North Dakota customers can request quotes in one place.Create a free Cakery page →
- 06Handle business and tax basicsRegister a business name with the Secretary of State if you operate under a name that is not your own. Open a separate bank account, check zoning, and register with the North Dakota Office of State Tax Commissioner for sales tax if your products are taxable.
A few things North Dakota bakers should know.
- North Dakota allows products that most other states ban from cottage food, including cheesecakes, cream pies, and cream cheese frostings. Use proper temperature control because consumer trust matters.
- SB 2386 (2025) made North Dakota one of the only states allowing interstate shipping of homemade food. The receiving state's law still controls whether the buyer can legally accept it.
- Home-raised poultry can be sold under defined slaughter and processing rules, capped at 1,000 birds per producer per year.
- Local jurisdictions are preempted from adding cottage food permits or fees.
- Selling to grocery stores or restaurants for resale is still outside the Food Freedom Act and requires a licensed kitchen.
Bookmark these for North Dakota baking.
Official agency resources
Statute and rules text
Helpful resources for bakers
Recent and upcoming changes in North Dakota.
- March 1, 2025SB 2386 was signed into law, authorizing North Dakota cottage producers to ship homemade food to other states when the destination state's law permits receipt.
North Dakota cottage food FAQ.
Do North Dakota cottage bakers need a permit or license?
Is there a sales cap on North Dakota cottage food?
Can I ship North Dakota cottage food to other states?
Can I sell cheesecakes and cream pies?
Can I sell home-raised poultry?
Can I sell to a coffee shop or grocery store?
What disclaimer must appear on the label?
You bake. We handle the tech.
Get your own bakery link, take custom orders without the DM chaos, and get found by customers in North Dakota searching for local bakers.
cakerybakeries.com/your-bakery