North Dakota Cottage Food Label Requirements
Cottage Food Production and Sales — NDCC ch. 23-09.5 (2017 HB 1433, as amended by 2025 SB 2386); ND Health and Human Services, Food and Lodging
Registration
Not required
None. No licence, permit, registration, certification or inspection may be required (NDCC 23-09.5-02(1)); ND HHS confirms sales without licence or inspection fees. HHS or a local authority may investigate on an illness or environmental-health complaint (23-09.5-02(9); NDAC 33-33-10-04).
Annual sales limit
none — NDCC ch. 23-09.5 contains no annual sales cap (full chapter read)
Where you can sell
Directly between the cottage food operator and the informed end consumer, for home consumption only: at a farm, ranch, farmers market, farm stand, home-based kitchen or any venue not otherwise prohibited, or through delivery (23-09.5-02(2)). Since SB 2386 (signed Mar 20–21, 2025, emergency measure) the former bans on interstate commerce and on internet, phone, mail and consignment transactions are repealed; interstate sale of poultry products remains prohibited, and uninspected meat products may not be sold. Products may not be sold to or used in food establishments, food processing plants or food stores (23-09.5-02(3)–(4)).
The required label statement
This product is made in a home kitchen that is not inspected by the state or local health department.
Exact sentence (NDCC 23-09.5-02(8)). The operator may EITHER place it on a label on the product OR display it on a consumer advisory sign at the point of sale; no type size, font or placement rule is given. ND HHS publishes a printable consumer advisory notice with the same wording.
What must be on your label
- The statement "This product is made in a home kitchen that is not inspected by the state or local health department." — on a label on the product OR on a consumer advisory sign at the point of sale (NDCC 23-09.5-02(8))
- No other labelling may be required by the state or a political subdivision for cottage foods sold under this chapter — informed-end-consumer rule (NDCC 23-09.5-02(1))
- The operator must inform the end consumer that the product is not certified, labeled, licensed, packaged, regulated or inspected (NDCC 23-09.5-02(5))
- Products that require refrigeration (e.g. baked goods containing cream, custard, meringue, cheesecake, pumpkin pie, cream cheese): label with safe handling instructions and a product disclosure statement indicating the product was transported and maintained frozen (NDCC 23-09.5-02(7))
Example: a North Dakota label for a bag of butter cookies
An illustrative worksheet with the lines North Dakota requires, and placeholders for your own details. It is not an approved product label or a tested recipe. Replace the ingredients and the measured package quantity with your actual product information.
Butter cookies
[Your business name]
Ingredients: Wheat flour [supplier sub-ingredients], sugar, butter [supplier sub-ingredients], eggs, salt.
Contains: Wheat, Milk, Eggs.
This product is made in a home kitchen that is not inspected by the state or local health department.
The example ingredient order follows the input weights in our butter-cookie recipe. It does not establish the weight of a finished bag. Any additions or supplier sub-ingredients must be reflected in your own label. The statement's size on this web page is not a print-size check; compare the printed label with the rule above.
Before you print
- Match every ingredient and sub-ingredient to your actual recipe and supplier labels.
- Check the allergen declaration, the filled package's net quantity, and producer details.
- Include the North Dakota statement and check its size on the final printed label.
- Review the whole package, including any required information placed outside the Nutrition Facts panel.
North Dakota cottage food label questions
- Does a North Dakota cottage food label need a home-kitchen statement?
- Yes. The label must say "This product is made in a home kitchen that is not inspected by the state or local health department.". Exact sentence (NDCC 23-09.5-02(8)). The operator may EITHER place it on a label on the product OR display it on a consumer advisory sign at the point of sale; no type size, font or placement rule is given. ND HHS publishes a printable consumer advisory notice with the same wording.
- Do I need a license or registration to sell cottage food in North Dakota?
- No. None. No licence, permit, registration, certification or inspection may be required (NDCC 23-09.5-02(1)); ND HHS confirms sales without licence or inspection fees. HHS or a local authority may investigate on an illness or environmental-health complaint (23-09.5-02(9); NDAC 33-33-10-04).
- Is there a sales limit for North Dakota cottage food?
- No annual cap is set: none — NDCC ch. 23-09.5 contains no annual sales cap (full chapter read).
- Where can I sell cottage food in North Dakota?
- Directly between the cottage food operator and the informed end consumer, for home consumption only: at a farm, ranch, farmers market, farm stand, home-based kitchen or any venue not otherwise prohibited, or through delivery (23-09.5-02(2)). Since SB 2386 (signed Mar 20–21, 2025, emergency measure) the former bans on interstate commerce and on internet, phone, mail and consignment transactions are repealed; interstate sale of poultry products remains prohibited, and uninspected meat products may not be sold. Products may not be sold to or used in food establishments, food processing plants or food stores (23-09.5-02(3)–(4)).
- Does a North Dakota cottage food label need a Nutrition Facts panel?
- Not by state cottage-food law unless a nutrient content or health claim is made; the federal small-business exemption usually applies. If you choose to print a panel, it has to be complete and correctly formatted.
Worth knowing
- Food-freedom state: the only mandatory label content for shelf-stable foods is the home-kitchen sentence, and even that may be given on a point-of-sale sign instead of the label. Product name, ingredients, net quantity, address and allergens are not required by state law — federal packaged-food rules may still apply, and ND HHS notes allergen labeling is not required.
- 2025 change: SB 2386 amended 23-09.5-02(3) to allow online, phone, mail-order, consignment and out-of-state sales (except poultry across state lines). Older sources saying "no internet or interstate sales" are outdated.
- Refrigerated/TCS products need safe-handling instructions and a "transported and maintained frozen" disclosure (23-09.5-02(7)); the former administrative rules on this (NDAC 33-33-10-01 to -03, incl. the 'SAFE HANDLING INSTRUCTIONS' format) were repealed effective Oct 1, 2021.
- Century Code PDF used is the ndlegis.gov version dated June 30, 2025, which already reflects SB 2386.
Verified against official North Dakota sources on 2026-10-19. Official source. This page is not legal advice — confirm requirements with your state.
Turn the requirements into your label
- Put ingredients and sub-ingredients in order
- Review the allergen declaration
- Declare the net contents of one package
- Check Nutrition Facts exemptions and their limits
Labelara offers free nutrition calculation and preview, with paid print-ready exports. Read the calculation methodology before using the results. Creating a label does not approve your product or business for sale.