Cottage Food Act
During North Dakota's 65th legislative assembly (2017), House Bill 1433 was passed regarding direct producer to consumer sales of cottage food products and ND Cottage Foods Act became effective August 1, 2017.
The ND Cottage Foods Act allows for the sale of uninspected, homemade cottage food products to an informed, end consumer for at-home consumption. This provides new opportunities for small, start-up businesses and home-based operations without the need for license or inspection fees. While enriching a new market and making new food products available to citizens of our state, the health and safety of the consumers is something both health departments and the business owners know is vital. Below are a few great resources to help business owners ensure their Cottage Food products are of the highest quality.
Cottage Food Rules
N.D.A.C. 33-33-10 Preparation of Cottage Food Products for Sale, effective on January 1, 2020, offers clarification for which cottage food products are authorized for sale according to law and therefore excluded from state or local licensing, labeling, and inspection requirements. Cottage food rules do not add regulations but further define 'baked goods, jams, jellies, and other food and drink products' as intended under the original law. The rules keep the health and safety of consumers as the priority which benefits both public health and new business owners. Procedures and rules relating to illness and environmental health complaint investigations conducted by state or local health department are also described.
- North Dakota Century Code 23-09.5 Cottage Food Production and Sales (ND Cottage Foods Act)
- N.D.A.C. 33-33-10 Preparation of Cottage Food Products for Sale
- Summary of Cottage Food Products handout
- Consumer Advisory Notice
Food Safety Recommendations and Resources
- Cottage Food Resources
- NEHA Policy Statement for Cottage Foods
- AFDO Regulatory Guidance for Best Practices