warebythe north dakota food freedom law, in plain english
what you can sell from your home kitchen in north dakota, who you register with, where you can sell, and what the label has to say. checked against the state’s own pages on october 14, 2026.
on this page
1at a glance2what you can sell3how to start4where you can sell5labels6what’s changed7good to know8questions9sourcesyes. north dakota’s cottage foods act lets you sell almost any homemade food or drink without a license, permit, inspection or training, and there’s no sales cap. sell directly to the person who’ll eat it, tell them it’s homemade and uninspected, and post the required sign or label. foods that need refrigeration, like cream pies or cheesecake, must be kept frozen and labeled with safe handling instructions. since 2025 you can take orders online and ship, even out of state, but you can’t sell to stores or restaurants, and uninspected meat is off limits.
north dakota cottage food rules at a glance
| the law | north dakota cottage foods act (north dakota century code, chapter 23-09.5) |
|---|---|
| who runs it | north dakota department of health and human services, food and lodging |
| registration | no no state registration |
| kitchen inspection | no |
| training | no |
| yearly sales cap | no sales cap |
| selling from your home | yes |
| selling at farmers markets and events | yesfarmers markets, farm stands and any other venue not prohibited by law |
| selling online orders | yesallowed since march 2025; the sale still has to be directly to the person who’ll eat it |
| selling delivering it yourself | yesthe law allows delivery but doesn’t say who has to do it |
| selling shipping within the state | yesallowed since march 2025 |
| selling shipping to other states | yesallowed since march 2025, except poultry products |
| selling to stores, cafes and restaurants | noyou can’t sell to stores, restaurants or other food businesses, except whole uncut fruits and vegetables |
what can you sell from home in north dakota?
you can sell
- breads, cookies, cakes and pies
- cream pies and cheesecake, if kept frozen and labeled
- jams and jellies
- candy and fudge
- home-canned foods like pickles and salsa
- soups and meals made without meat
- raw poultry from birds you raised (limits apply)
you can’t sell
- foods made with meat, like jerky or meat pies (limited poultry is the only exception)
- poultry from birds you didn’t raise
- poultry products sold across state lines
- raw poultry from more than 1,000 birds a year
these are examples, not the full list. check the north dakota department of health and human services, food and lodging before you sell something new.
how do you start a cottage food business in north dakota?
- no state registration. north dakota doesn’t ask cottage food sellers to register with the state. check your city or county for local rules, like zoning or a business license.
- label everything the way the law asks (below).
- start selling in the ways north dakota allows, and keep track of your sales if there’s a cap.
where and how can you sell in north dakota?
| from your home | yes |
|---|---|
| at farmers markets and events | yesfarmers markets, farm stands and any other venue not prohibited by law |
| online orders | yesallowed since march 2025; the sale still has to be directly to the person who’ll eat it |
| delivering it yourself | yesthe law allows delivery but doesn’t say who has to do it |
| shipping within the state | yesallowed since march 2025 |
| shipping to other states | yesallowed since march 2025, except poultry products |
| to stores, cafes and restaurants | noyou can’t sell to stores, restaurants or other food businesses, except whole uncut fruits and vegetables |
on wareby, food is always pickup or delivery by the shop, never a courier and never shipped, which fits the rules in every state. how to sell food online from home.
what goes on a cottage food label in north dakota?
“This product is made in a home kitchen that is not inspected by the state or local health department.”
the statement north dakota requires on your label
the label also needs:
- on foods that need refrigeration: safe handling instructions
- on those foods: a statement that the product was transported and kept frozen
what’s changed in north dakota, and what’s coming?
| when | what |
|---|---|
| march 2025 | sb 2386 lifted the bans on online, phone, mail, consignment and out-of-state sales; poultry still can’t be sold across state lines |
| october 1, 2021 | health department rules from 2020 that limited which foods you could sell were repealed |
what else should you know in north dakota?
- you must tell every buyer that your food isn’t certified, labeled, licensed, packaged, regulated or inspected, and it has to be for their own home use, not resale.
- the required statement can go on a sign where you sell instead of on each label.
- cities, counties and state agencies can’t require a license, permit or inspection for cottage food, but the state can investigate if someone gets sick.
- don’t make food or work in your food area if you or anyone in your home has symptoms of a contagious illness.
questions people ask
do i need a license to sell baked goods from home in north dakota?
no state registration is needed for cottage food in north dakota. check your city or county for local rules, like zoning or a business license.
can i sell cottage food online in north dakota?
yes. allowed since march 2025; the sale still has to be directly to the person who’ll eat it.
can i ship cottage food in north dakota?
yes, within north dakota: allowed since march 2025. you can ship to other states too.
how much can i sell from home in north dakota?
there’s no yearly sales cap.
can i sell to stores or coffee shops in north dakota?
no. you can’t sell to stores, restaurants or other food businesses, except whole uncut fruits and vegetables.
what can’t i sell from home in north dakota?
the usual no’s: foods made with meat, like jerky or meat pies (limited poultry is the only exception), poultry from birds you didn’t raise, poultry products sold across state lines, raw poultry from more than 1,000 birds a year. check with the north dakota department of health and human services, food and lodging before you sell something new.
sources
- north dakota legislative branch: century code chapter 23-09.5
- north dakota department of health and human services: cottage food act
- north dakota legislative branch: senate bill 2386 (2025), enrolled
- north dakota legislative branch: sb 2386 bill overview
- north dakota administrative code: chapter 33-33-10
- kfyr: new north dakota cottage law signed by the governor
- institute for justice: north dakota food freedom
this is general information to help you get started, not legal advice. we checked it against north dakota’s own pages on october 14, 2026, and laws change, so confirm with the north dakota department of health and human services, food and lodging (and your city or county) before you sell. spot something out of date? email hello@shopwareby.com.
we sold cinnamon rolls from home as minnesota cottage food producers before we opened a licensed kitchen and built wareby. our story