North Dakota — the rules
Selling Food From Home in North Dakota: Cottage Food Rules (2026)
Yes — you can legally sell food made in your home kitchen in North Dakota, under the Cottage Food Production and Sales (NDCC ch. 23-09.5, expanded by 2021 HB 1475). There is no state sales cap on the books. Here is exactly what that means.
North Dakota at a glance
| Home food sales | Allowed |
| Program | Cottage Food Production and Sales (NDCC ch. 23-09.5, expanded by 2021 HB 1475) |
| Annual sales cap | None specified |
| Sales channels | Direct to consumers (see details — many direct-only states still allow online orders with delivery) |
What foods are covered
broad food-freedom: baked goods, jams/jellies and 'other food and drink products' including refrigerated/perishable items such as cream/custard baked goods (must carry safe-handling labels); no meat products; limited exception for up to 1,000 on-farm-raised poultry per year (intrastate only); no sales to food establishments, processing plants, or food stores
Permits and registration
None - state agencies and political subdivisions may not require licensure, permitting, certification, inspection, packaging, or labeling for cottage food sales; consumer must be informed food is uninspected (advisory sign or label required); complaint-based investigation only
Going legal in North Dakota: the plate-seller checklist
- Read the primary source (linked below) — caps and food lists are specific and they change.
- Label honestly — most programs require your name, address or registration, and a made-in-a-home-kitchen disclosure on packaging.
- Get your free EIN at irs.gov and open a separate account for food money.
- Take payment at order time — prepaid orders with a weekly cutoff are how home sellers stay profitable AND within caps.
- Build the storefront — a menu page, order-ahead with cutoffs, your own business line. Our free guide covers the whole playbook.
Sources and verification
Verified 2026-07 against: ndlegis.gov · www.hhs.nd.gov. Rules change — confirm with the primary source before acting; this guide is information, not legal advice.
Questions people ask
Is it legal to sell food from home in North Dakota?
Yes — under Cottage Food Production and Sales (NDCC ch. 23-09.5, expanded by 2021 HB 1475). Allowed foods and channels are specific; check the primary source.
How much can you sell under North Dakota's cottage food law?
North Dakota does not specify a state sales cap in the current rules.
Do you need a permit to sell food from home in North Dakota?
None - state agencies and political subdivisions may not require licensure, permitting, certification, inspection, packaging, or labeling for cottage food sales; consumer must be informed food is uninspected (advisory sign or label required); complaint-based investigation only