North Dakota cottage food law: selling food from home
General information, not legal advice. Rules change, and counties add their own. Check with your state and county before you start selling.
"Cottage food" is the term most states use for food made in a home kitchen and sold directly to customers. What it covers, and whether your state uses the phrase at all, differs by state.
The short answer
Yes, with no license and no sales cap — and since 2025 you can reach almost anyone. Senate Bill 2386 rewrote the list of things a cottage food transaction may not do, and what it did was delete two of them.
Gone: the ban on interstate commerce, and the ban on selling "over the internet or phone, through the mail, or by consignment". One new prohibition came back in their place, and it is narrow — poultry products may not be sold interstate. Everything else can now cross the state line.
What SB 2386 removed, in its own strikethroughs
North Dakota's Food Freedom Act works by listing what a transaction may not involve. Here is subsection 3 of N.D.C.C. § 23-09.5-02 as the bill rewrote it:
Involve interstate commerce- Deleted.
Be conducted over the internet or phone, through the mail, or by consignment- Deleted.
- Uninspected meat products
- Still prohibited, except as provided for poultry.
- Uninspected poultry
- Still prohibited unless you slaughter no more than 1,000 birds you raised in the calendar year, you do not buy or sell poultry products other than from your own birds, and the product is not adulterated or misbranded.
- Poultry across state lines
- NEW prohibition. "Include the sale of poultry products if the transaction involves interstate commerce."
Read those five rows together and the shape is clear. North Dakota opened the door to internet, phone, mail, consignment and out-of-state sales for ordinary cottage food, and then closed exactly one window — poultry — because poultry is where federal inspection law bites hardest.
The Act was passed as an emergency measure, which in North Dakota means it took effect immediately rather than waiting for the usual date. The votes were 45–2 in the Senate and 90–1 in the House. Enrolled SB 2386
Where you may sell now
- Annual limit
- None. The Food Freedom Act sets no cap.
- License, permit, inspection
- None for cottage food under this chapter.
- Internet and phone
- Allowed since 2025.
- Mail order
- Allowed since 2025.
- Consignment
- Allowed since 2025 — unusual; Kansas and Wisconsin both forbid it.
- Across state lines
- Allowed for everything except poultry products.
- Poultry
- In-state only, and only from your own flock of fewer than 1,000 birds a year.
A word of realism about the interstate permission. North Dakota lifting its own ban does not suspend federal law, and it does not bind the state your customer lives in. Once a package crosses a state line the FDA has oversight, and the receiving state's rules are its own. Arkansas puts the same point plainly on its page: the permission comes with the federal rulebook attached.
Consignment being allowed is worth pausing on too. It means a shop can hold your product and pay you when it sells, which several states in this guide expressly forbid precisely because the shop is not the end consumer.
What you can make
The Food Freedom Act is built around selling to an informed end consumer rather than around a list of approved products, which makes it broader than a typical cottage food law.
What the statute excludes is the short part: uninspected meat products, with the narrow poultry exception above. Raw milk sits under its own separate rules rather than this chapter.
We are deliberately not printing a long "allowed" list here. The chapter does not work that way, and a list copied onto a third-party page is a list that goes stale. The Century Code chapter is linked below and is short enough to read in full before you commit to a menu. N.D.C.C. ch. 23-09.5
Labels and the informed end consumer
The Act's mechanism is disclosure to an informed end consumer — the person who buys the product, does not resell it, and has been told it was made in a kitchen the state does not license or inspect.
We are not quoting a label sentence on this page. We read the amending bill in full and the chapter listing, but not a current official statement of the exact label wording. A disclaimer is the one piece of text where approximate equals wrong, so take it from the Century Code chapter or the Department of Agriculture rather than from us.
Now that mail order and interstate sales are allowed, the label matters more than it used to: a customer who never meets you has only the package to read.
Local rules
The Act preempts local permitting for cottage food, so a city or county cannot impose its own cottage food permit or fee on top of the state scheme.
That is the usual shape of a food freedom law and it is worth knowing, but it is not a blanket exemption from everything municipal — zoning and ordinary business licensing are separate questions. Ask your city before you start.
Sales tax
No license is not no tax. Whether what you sell is taxable, and whether you need to register to collect, belongs to the North Dakota Office of State Tax Commissioner, and we are not going to print a rate that could change.
Official sources
- Enrolled Senate Bill 2386 (2025) — deletes the interstate, internet, phone, mail and consignment prohibitionsNorth Dakota Legislative Assembly
- N.D.C.C. chapter 23-09.5 — cottage foodNorth Dakota Legislative Branch
Last verified: 31 October 2026. Every number on this page is linked to the official page it comes from.
Questions people actually ask
Do I need a license to sell food from home in North Dakota?
No. The Food Freedom Act requires no license, permit or inspection for cottage food, and sets no sales cap.
Can I ship my products out of state?
Yes, for everything except poultry. Senate Bill 2386 deleted the ban on interstate commerce in 2025, and added one narrow prohibition in its place: a transaction may not include the sale of poultry products if it involves interstate commerce. Bear in mind that once a package crosses a state line the FDA has oversight and the receiving state's own law applies — North Dakota lifting its ban does not bind anyone else.
Can I sell online or take orders by phone?
Yes, since 2025. The Act used to prohibit transactions conducted over the internet or phone, through the mail, or by consignment. Senate Bill 2386 deleted that subdivision entirely, so all four routes are now open.
Can a shop sell my products on consignment?
Yes. Consignment was in the list of prohibited transaction types and SB 2386 removed it. That is unusual — Kansas and Wisconsin both expressly forbid consignment, on the ground that the shop is not the end consumer.
What about chicken and eggs?
Poultry is the one category that did not open up. Uninspected poultry may be sold only if you slaughter no more than 1,000 birds you raised yourself in the calendar year, you do not buy or sell poultry products other than those from your own birds, and the product is not adulterated or misbranded. And since 2025 there is an explicit new rule that poultry products may not be sold in a transaction involving interstate commerce.
Can I sell meat?
Uninspected meat products remain prohibited, apart from the narrow poultry exception. Raw milk is governed by its own separate rules rather than this chapter.
How much can I sell in a year?
There is no cap. The Food Freedom Act sets no limit on sales, which puts North Dakota among the most open states in the guide on that point as well as on where you may sell.
Other states
- GeorgiaNo state license since July 2025 · no revenue cap
- TexasNo permit · $150,000 cap · you must deliver online orders yourself
- CaliforniaCounty registration · $88,878 or $177,756 in 2026
- FloridaNo permit · $250,000 cap · mail order allowed by statute
- New YorkFree exemption, up to 16 weeks to be reviewed · no revenue cap · in-state only
- IllinoisRegister locally · no sales cap · online sales and in-state shipping allowed
- North CarolinaHome Processor program · kitchen inspected before you sell · an indoor pet disqualifies the kitchen
- New Jersey$100 permit for 2 years · $50,000 cap · NJ residents only, nothing in the post
- PennsylvaniaLimited Food Establishment · $35 a year · inspected · internet sales included
- ArizonaNo sales cap · refrigerated foods allowed · Arizona only, and TCS goes hand to hand
- OhioNo license in the rules · no sales cap · a closed list of foods · Ohio only
- MichiganNo license · $50,000 published cap · online sales allowed if you meet the customer first
- VirginiaNo permit, no inspection, no fee · sell by phone or internet · Virginia only, no resale
- Washington$355 permit for 2 years · annual inspections · $35,000 cap · sell online, never ship
- MassachusettsPermit from your local board of health · internet and mail sales allowed · no state cap stated
- TennesseeNo license · no sales cap · refrigerated food allowed in person · Tennessee only
- Colorado$10,000 per product today · $150,000 and registration from 1 Jan 2027 · no license
- Maryland$100,000 cap since 1 Oct 2026 · no license · mail delivery and grocery stores allowed
- Minnesota$78,000 cap · free under $7,665 · hand it over in person · shipping comes in 2027
- WisconsinNo statewide exemption · baked goods legal by court order · no internet sales · candy is not allowed
- MissouriNo permit · no sales cap · only three kinds of food · Missouri-only online sales
- South CarolinaNo permit · no sales cap · online and mail order allowed · stores and restaurants possible
- IndianaTwo routes since 1 Jul 2026 · no license · shipping allowed in state · food handler card required
- Oregon$52,700 for 2026, indexed · no registration · online sales yes · your label names your pets
- LouisianaNo license · exemption ends at $100,000 · pickles allowed · parish tax certificate required
- Kentucky$60,000 cap · $50 registration, expires 31 March · two programs · inspection only on complaint
- AlabamaNo cap · no state permit · food safety course required · direct to customers only
- Oklahoma$250,000 from 1 Nov 2026 · no license · ship by parcel · stores may stock you
- UtahTwo routes · no cap on either · registration + inspection, or no paperwork at all
- NevadaRegister with your health authority today · $100,000 and state licensing from 1 Jul 2027
- ConnecticutLicense required · $50,000 cap · kitchen examined · zoning and a water test first
- IowaNo license · no cap stated · temporary food establishments only · home-canned allowed
- KansasNo license · no cap · no "not inspected" statement required · online and shipping allowed
- ArkansasNo license · no cap stated · mail order and online allowed · no meat, poultry or seafood
- New MexicoNo permit · food handler card required · internet and mail allowed · New Mexico only
- AlaskaNo sales limit · no permit · meat allowed where federal law allows · Alaska only
- DelawareRegistration + kitchen inspection · your permit lists your products · Delaware only, direct only
- HawaiiNo permit · food safety course required · online sales allowed · wholesale to permitted kitchens
- IdahoNo permit · no cap · refrigerated food, dairy and eggs allowed · Idaho only
- MaineYour town may have its own food law · state home food license · amended again in 2025
- Mississippi$35,000 a year · no permit · advertise online but do not sell online · no shipping
- MontanaNo license, no permit, no label, no cap · home consumption and community events · Montana only
- NebraskaNo sales limit · free registration · online and mail order allowed · no shops, no catering
- New HampshireNo sales cap in the statute · shops are in the exempt tier · a QR code can replace the ingredient list
- Rhode Island$50,000 a year · baked goods only · sell online but deliver in person · registration + kitchen rules
- South DakotaNo cap · cheesecake and cream pies allowed with training · you must be there in person
- Vermont$30,000 exemption since July 2025 · annual filing required · home-canned pickles allowed
- West VirginiaTwo tiers since June 2026 · shelf-stable free · a state permit for hazardous food · WV only
- Wyoming250,000 products and $250,000 a year · no license or label · eggs and dairy allowed · shops may stock you
- District of ColumbiaRegistration with DC Health · wholesale to licensed establishments since June 2025 · District only
Tools
- Pricing calculator for home bakersWhat to charge, with your own numbers
- Price list templateFill it in, print it, hand it over — free, nothing saved
More guides
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