During North Dakota's 2017 legislative session, House Bill 1433 was passed regarding direct producer to
consumer sales of cottage food products. The new chapter of North Dakota Century Code 23-09.5, "Cottage Food Production and Sales",
is commonly referred to as the ND Cottage Foods Act. The new legislation is effective August 1, 2017.
The ND Cottage Foods Act allows for the purchase and consumption of fresh, locally grown agricultural commodities. This provides new opportunities for small, start-up businesses and home-based operations. While enriching a new market and new food products available in our state, it is important to instill practical, science based food safety guidance to protect public health and maintain access to a safe food supply.
With this goal in mind, the North Dakota Department of Health (NDDOH) will propose administrative rules to provide further clarification and interpretation over specific types of food and drink products allowed for sale in compliance with the ND Cottage Foods Act. The anticipated effective date of these new rules is spring or summer 2018.
Important Note: Until new rules are finalized in spring or summer 2018, it is strongly recommended only approved cottage food products listed as in the Department's interim guidance are sold. A list of cottage food products produced in a home kitchen that are approved for sale to the informed end consumer for home consumption are summarized in the enclosed interim guidance.
Throughout the administrative rules process, support of the ND Cottage Foods Act and the Department's interim guidance, by organizations, associations, event coordinators, farmers markets, and cottage food operators interested in providing a venue or operating a cottage food business will help ensure a high standard of safe food products in our state.
We appreciate your cooperation and commitment to provide safe and healthy food to the citizens of North Dakota!
Food Safety Education Resources about Home-canned and Home-baked Cottage Food Product, Training Courses, and Product Testing