Cottage food rules
Cottage Food Laws ND: What North Dakota Home Bakers Can Sell
A plain answer on what North Dakota home bakers can make, sell, and skip.
On this page
What to remember
- The North Dakota Cottage Foods Act took effect August 1, 2017.
- Baked goods, home cooked meals, and prepared main courses made in your own kitchen are allowed.
- No agency or local government may require licensing, permitting, certification, inspection, packaging, or labeling for preparing cottage foods.
- You cannot sell cottage food into a food establishment, food processing plant, or food store, apart from whole, unprocessed fruits and vegetables.
What the North Dakota Cottage Foods Act allows
Lawmakers passed House Bill 1433 during the 65th Legislative Assembly in 2017, and the Act took effect on August 1 of that year. North Dakota runs one of the more permissive cottage food laws in the country, which is a wider menu than most home bakers expect. Sellers can make foods such as home cooked meals, prepared main courses, and baked goods from their own kitchen. If you have been wondering whether your layer cakes, your sandwich loaves, or a tray of lasagna for a neighbor count, the answer here is broader than in many other states.
If you bake with eggs and want to know what to check before you sell, our guide to cottage food laws and eggs walks through it.
Where you can sell it, and where you cannot
The same law that opens up your kitchen also draws one clear line. 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 store. That means your bakes go to the people who order them, not onto a grocery shelf or into a cafe kitchen for resale.
Labels, licensing, and what no one can require of you
North Dakota law is unusually direct on this point. 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 of cottage foods. In plain words, no one gets to hand you a permit requirement for making banana bread in your own oven.
That does not make your label a blank page. A good label still tells a buyer what is inside, who made it, and how to reach you, because that is how a first order turns into a standing Friday pickup. Our guide to cottage food law labels covers what to put on yours.
If you live near the border and take orders from customers across the river, read what Minnesota requires before you promise a delivery. The two states do not read from the same page.
Before you take your first order
Write your menu down
List the bakes and meals you plan to sell from your own kitchen, and keep the list to what the Act covers.
Price the whole batch
Ingredients, packaging, and your time all go into the number, not just the flour.
Decide how people will order and pay
Settle that before you post your first batch, so nobody is left chasing you for a total.
Keep a simple record
A note of each order helps you plan the next week and answer questions later.
Know where your food is going
Direct to the person who ordered it, never into a shop or a restaurant kitchen.
Start your 14 day free trial of Brevl
Free, no signup.
Brevl is a flat $20 a month with no cut of your sales, it works on your phone and on a computer, and you can take cards through your own Stripe or Square account alongside Venmo, Cash App, Zelle, and cash. We help you set it up and move your old shop over, and a real person answers, usually within minutes.
Common questions
Do I need a license to sell baked goods from my North Dakota kitchen?
North Dakota law says a state agency or political subdivision may not require licensure, permitting, certification, inspection, packaging, or labeling that pertains to the preparation of cottage foods.
When did the North Dakota Cottage Foods Act start?
It took effect August 1, 2017, after House Bill 1433 passed during the 65th Legislative Assembly in 2017.
Can I sell home cooked meals, or only baked goods?
Both. North Dakota runs one of the more permissive cottage food laws in the country, and it allows foods such as home cooked meals, prepared main courses, and baked goods made from your own kitchen.
Can I supply a restaurant or a grocery store?
No. 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 store.
What about whole fruits and vegetables?
The restriction on selling into food establishments, food processing plants, and food stores carves out whole, unprocessed fruits and vegetables.
Sources
This is general information about North Dakota's cottage food law, not legal or tax advice. Rules can change, so check the current law or ask a local official before you rely on it.