This is general information, not legal or tax advice. Permit and tax rules change, and your situation may differ. Always confirm current requirements with the official state agency linked in this guide, and consult a licensed attorney or tax professional for advice about your specific business.Last verified against official state sources: 2026-06-12
No license, permit, certification, inspection, or registration; the statute bars state agencies AND local governments from requiring any of it. This was tested in court: producers sued over restrictive health department rules and won in December 2020, and the rules were formally repealed in 2021. Voluntary HHS consultation is available.
None.
The broadest in the country: baked goods, jams, jellies, and other food and drink products, with no approved list and no shelf-stable limit. Refrigerated and frozen foods are expressly contemplated (cream, custard, meringue, cheesecake, pumpkin pie, cream cheese items, with safe handling labels), home-canned, pickled, and fermented foods are unrestricted by the current statute, and you can even sell uninspected poultry from your own birds (up to 1,000 per year, in-state only).
Uninspected meat products other than the own-raised poultry allowance, and anything regulated by other laws (alcohol; raw milk has its own separate 2023 direct-sales law). Sales must go to end consumers for home consumption, not restaurants, stores, or processors (whole unprocessed produce excepted).
Direct to the informed end consumer: home, farm, farmers markets, farm stands, craft fairs, and delivery. Since SB 2386 (March 2025), the old bans on internet, phone, mail, and consignment sales and on interstate commerce are repealed, so online orders, mail shipping, consignment, and even shipping to out-of-state customers are now allowed (poultry stays in-state, and destination states' rules plus federal law still apply to interstate shipments).
Three duties: inform the consumer the food is not certified, licensed, regulated, or inspected; display a point-of-sale advisory sign or product label stating exactly 'This product is made in a home kitchen that is not inspected by the state or local health department.'; and label refrigerated products with safe handling instructions plus a disclosure that the product was transported and maintained frozen.
Food for home consumption is exempt, with bakery items, jams, and preserves specifically listed as nontaxable. Flourless candy (fudge, brittles, chocolates), soft drinks, and prepared food are taxable at 5 percent state plus local, so candy sellers need a sales tax permit.
Strong preemption bars cities, counties, and local health units from imposing requirements; they retain illness complaint investigation authority, and event organizers can set private booth rules. Note: some official web pages still describe the voided 2020 rules (pH limits, canning bans), which no longer bind.
No specific penalty section; adulterated or misbranded products fall under the general state food and drug act with misdemeanor penalties and stop-sale orders after complaint investigations.
Selling non-food crafts too? See the North Dakota craft fair permit and sales tax guide.
Yes, under North Dakota Cottage Food Law (NDCC Ch. 23-09.5, the 2017 food freedom pioneer, expanded by SB 2386 in March 2025). No license, permit, certification, inspection, or registration; the statute bars state agencies AND local governments from requiring any of it. This was tested in court: producers sued over restrictive health department rules and won in December 2020, and the rules were formally repealed in 2021. Voluntary HHS consultation is available.
The broadest in the country: baked goods, jams, jellies, and other food and drink products, with no approved list and no shelf-stable limit. Refrigerated and frozen foods are expressly contemplated (cream, custard, meringue, cheesecake, pumpkin pie, cream cheese items, with safe handling labels), home-canned, pickled, and fermented foods are unrestricted by the current statute, and you can even sell uninspected poultry from your own birds (up to 1,000 per year, in-state only). Uninspected meat products other than the own-raised poultry allowance, and anything regulated by other laws (alcohol; raw milk has its own separate 2023 direct-sales law). Sales must go to end consumers for home consumption, not restaurants, stores, or processors (whole unprocessed produce excepted).
No. North Dakota places no annual cap on cottage food sales.
Direct to the informed end consumer: home, farm, farmers markets, farm stands, craft fairs, and delivery. Since SB 2386 (March 2025), the old bans on internet, phone, mail, and consignment sales and on interstate commerce are repealed, so online orders, mail shipping, consignment, and even shipping to out-of-state customers are now allowed (poultry stays in-state, and destination states' rules plus federal law still apply to interstate shipments).
Three duties: inform the consumer the food is not certified, licensed, regulated, or inspected; display a point-of-sale advisory sign or product label stating exactly 'This product is made in a home kitchen that is not inspected by the state or local health department.'; and label refrigerated products with safe handling instructions plus a disclosure that the product was transported and maintained frozen.
Food for home consumption is exempt, with bakery items, jams, and preserves specifically listed as nontaxable. Flourless candy (fudge, brittles, chocolates), soft drinks, and prepared food are taxable at 5 percent state plus local, so candy sellers need a sales tax permit.
Browse upcoming craft fairs and markets in North Dakota with booth fees and application deadlines, and use the booth ROI calculator to plan a profitable season.
Last verified: 2026-06-12. Spotted something out of date? Let us know.