In North Dakota, a food processing license is required to process, manufacture, package, label, or store food and drink products intended for human consumption and to sell these products to other businesses (wholesale) which then sell the products to the end consumer. Registration with the US Food and Drug Administration (FDA) is also required for all food processors.
A retail food establishment license is required for direct sales of temperature control for safety (TCS) food to the end consumer. If both food processing for wholesale and retail food sales of TCS food are part of your business, a multiple food establishment license may apply. Food processors manufacturing food products that do not require time and temperature controls for safety or are not offered for direct sale to the end consumer do not need a retail food establishment license but will still need a food processing license and an FDA registration.
Regulatory Code
- North Dakota Century Code 23-09 – Food and Lodging Establishments and Assisted Living Facilities
- North Dakota Administrative Code 33-33-04.1 – Food Code Effective January 1, 2018 (Adoption of the United States food and drug administration 2013 Model Food Code by reference)
- U.S. FDA 2013 Model Food Code – Click the link “Download Food Code 2013” and the “Download Food Code 2013 Supplement” for a complete copy of the FDA 2013 Model Food Code.
- North Dakota Administrative Code 33-33-08 – Food Establishment License Fees
- North Dakota Century Code 19-02.1 – North Dakota Food, Drug, and Cosmetic Act
Additional Information
- MEMO: North Dakota Food Code Changes Handout – Effective January 1, 2018
- 2013 Food Code Pocket Guidance – free download (Association of Food and Drug Officials revised June 1, 2015)
- U.S. Food and Drug Administration:
- Section 415 of the Federal Food, Drug, and Cosmetic Act (FD&C Act) [21 U.S.C. § 350d] requires food processors to register with the U.S. Food and Drug Administration (FDA).
Registration of Food Facilities
Contact the FDA for technical assistance at 1-888-INFO-FDA (1-888-463-6332) or submit an inquiry electronically at https://cfsan.secure.force.com/Inquirypage/ - Food Labeling Guide – Guidance for Industry
- Questions and Answers Regarding Food Allergens – Guidance for Industry
- Establishment Registration & Process for Filing for Acidified and Low-Acid Canned Foods
- Section 415 of the Federal Food, Drug, and Cosmetic Act (FD&C Act) [21 U.S.C. § 350d] requires food processors to register with the U.S. Food and Drug Administration (FDA).
- Food Entrepreneurship – NDSU Extension Food Entrepreneur Guide