Proofsheet

Cottage food label requirements in North Dakota

Cottage Food Act (food freedom, 2017), N.D. Cent. Code ch. 23-09.5 (HB 1433, 2017; amended by SB 2386, 2025); N.D. Admin. Code ch. 33-33-10 (not confirmed). Regulated by North Dakota Department of Health and Human Services, Food and Lodging. Checked against state sources on .

Not fully verified. We could not confirm every detail for North Dakota on a primary state source when we checked. Treat these items as unconfirmed and check them with North Dakota Department of Health and Human Services, Food and Lodging before you print: disclaimerText, annualCapUSD, permitType, onlineSales, shippingInState, shippingInterstate, statuteCitation.

The statement your label needs

This product is made in a home kitchen that is not inspected by the state or local health department.

No type-size rule stated for the statement; keep it clearly legible.

What is different in North Dakota

  • Food freedom law: no license, permit or state-mandated label
  • Operator must tell the consumer the product is not certified, labeled, licensed, packaged, regulated or inspected
  • Statement may be on a point-of-sale sign instead of on each label
  • Refrigerated items must be transported and kept frozen with safe handling instructions
  • 2025 SB 2386 reportedly allowed online/phone orders and out-of-state shipping
Permit
No permit or registration for most baked goods. State agencies and political subdivisions may not require licensure, permitting, certification, inspection, packaging or labeling. Inspection only on request, or investigation after an illness complaint or environmental health concern.
Sales cap
No annual sales cap found in state sources
Where you can sell
Directly between the operator and an informed end consumer for home consumption: farms, ranches, farmers markets, farm stands, home-based kitchens, or delivery. Not in food establishments, processing plants or food stores.
Online orders
Yes
Ship in state
Not addressed clearly by state sources
Ship out of state
Not addressed clearly by state sources
Sell to shops / cafés
No
Allowed foods
Most home-made foods, including perishable baked goods if kept frozen with safe-handling labels. Uninspected meat may not be sold; uninspected poultry only under limits (1,000 birds/year, no interstate commerce).

What a North Dakota cottage food label must show

  1. The required statement (above), on the product label or on a consumer advisory sign at the point of sale
  2. For products requiring refrigeration (cream, custard, meringue, cheesecake, etc.): safe handling instructions and a statement that the product was transported and maintained frozen

Federal rules still apply on top: ingredients in descending order by weight (21 CFR 101.4), the nine major allergens declared by name (FALCPA and the FASTER Act), and net quantity in ounces and grams (21 CFR 101.7). North Dakota allows cottage food orders online or by phone. Shipping within the state is not clearly addressed, and shipping to other states is not addressed (selling across state lines also brings in federal rules).

Make a North Dakota label now

The North Dakota statement is already on it. Type your ingredients, tick the allergens and print on Avery sheets or a thermal roll. To have the ingredient order and allergens worked out from a costed recipe, use the workbench.

List by weight in the recipe, largest first, with sub-ingredients in parentheses. The workbench does this ordering for you from a recipe.
Contains (major food allergens)

Still missing: business name and address.

Print at 100% scale with no margins. Check the result against North Dakota’s rules above before selling.

Chocolate chip cookies
Ingredients: Enriched flour (wheat flour, niacin, reduced iron, thiamine mononitrate, riboflavin, folic acid), semisweet chocolate (sugar, chocolate, cocoa butter, soy lecithin), butter (cream), brown sugar, eggs, sugar, vanilla extract, baking soda, salt.
Contains: Milk, Egg, Wheat, Soy.
Net Wt 3 oz (85 g)
This product is made in a home kitchen that is not inspected by the state or local health department.

True size. North Dakota statement.

North Dakota cottage food questions

What statement has to be on a North Dakota cottage food label?

North Dakota requires: “This product is made in a home kitchen that is not inspected by the state or local health department.”.

Do I need a permit to sell baked goods from home in North Dakota?

No permit or registration for most baked goods. State agencies and political subdivisions may not require licensure, permitting, certification, inspection, packaging or labeling. Inspection only on request, or investigation after an illness complaint or environmental health concern.

Is there a sales limit for cottage food in North Dakota?

No annual cap appears in the state sources we checked. No sales cap found in ch. 23-09.5.

Can I sell cottage food online or ship it in North Dakota?

North Dakota allows cottage food orders online or by phone. Shipping within the state is not clearly addressed, and shipping to other states is not addressed (selling across state lines also brings in federal rules).

Sources

  1. N.D. Cent. Code ch. 23-09.5 Cottage Food Act (statute)
  2. ND Legislature 2025 SB 2386 (bill draft 25-1349) (statute)
  3. ND Dept of Health and Human Services: Cottage Food Act (agency)

Checked October 18, 2026. This is a checklist built from the sources above, not legal advice. Rules change; your county or the agency has the final word. Spotted something out of date? The about page explains how we check.

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