Cottage foods are foods prepared in an uninspected home kitchen. North Dakota law permits the sale of cottage foods, but only under certain conditions.
Made in a Home Kitchen
Food products must be made at home and sold in packaged from at the point of sale. If foods are being prepared and served for onsite consumption, such as a vendor show or farmers market, a temporary food license is needed.
Allowed Foods
“Cottage food product” is defined as baked goods, jams, jellies, and other food and drink products produced by a cottage food operator. Products cannot contain meat, and can only contain poultry products raised by the operator that slaughters no more than 10000 poultry per calendar year.
Sales
Sales must be directly between the cottage food operator and the informed end consumer, and can only be sold for home consumption. Products cannot be sold to a restaurant or other retail store.
Labeling
A cottage food operator shall display a consumer advisory sign at the point of sale or place a label on the cottage food product with the following statement: “This product is made in a home kitchen that is not inspected by the state or local health department.” Any food product required refrigeration must be labeled with safe handling instructions and a disclosure statement indicating the product was transported and maintained frozen.
More information
The full regulation can be found in the North Dakota Century Code, Title 23, Chapter 23-09.5. More information regarding the sale of cottage foods in North Dakota can be found here.
