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Cottage food laws · ND
Selling homemade food in North Dakota
North Dakota's Food Freedom Act is about as permissive as it gets: no license, no inspection, no sales cap, and since a 2025 law update you can sell online, by phone or mail, and even ship shelf-stable goods across state lines. Anything that needs refrigeration to stay safe still has to be sold and picked up locally.
Program
North Dakota Food Freedom Act
Registration
No license, registration, or inspection required
Annual sales cap
No statewide cap
Online sales
Allowed (see notes)
You can sell
- Baked goods
- Jams, jellies, preserves
- Candy
- Produce
- Home-cooked meals and nonalcoholic beverages
- Low-acid canned goods (since 2025 expansion)
You can't sell
- Foods requiring refrigeration for shipping (cheesecakes, custards, cream-filled pastries, fresh dairy, meat)
Where you can sell
- Direct to consumer
- Farmers markets
- On-farm sales
- Online and phone orders
- Mail and interstate shipping (shelf-stable items only)
Selling online
One of the most permissive laws in the country: 2025's SB 2386 opened online, phone, mail, consignment, and even interstate shipping - though anything needing refrigeration still can't be shipped
What your labels must include
- Producer name & address
- "This product is homemade and exempt from state licensing and inspection" statement
- Ingredient list
- Allergen disclosure
- Net weight