23-09.5-02. Direct producer to consumer sales of cottage food products
1. Notwithstanding any other provision of law, a state agency or political subdivision may
not require licensure, permitting, certification, inspection, packaging, or labeling that
pertains to the preparation or sale of cottage food products under this section. This
section does not preclude an agency from providing assistance, consultation, or
inspection, upon request, of a producer.
2. Transactions under this section must be directly between the cottage food operator
and the informed end consumer and be only for home consumption. Transactions may
occur at a farm, ranch, farmers market, farm stand, home-based kitchen, or any other
venue not otherwise prohibited by law or through delivery.
3. Transactions under this section may not:
a. Include the sale of uninspected products made from meat, except as provided
under subdivision b;
b. Include the sale of uninspected products made from poultry, unless:
(1) The cottage food operator slaughters no more than one thousand poultry
raised by the cottage food operator during the calendar year;
(2) The cottage food operator does not buy or sell poultry products, except
products produced from poultry raised by the cottage food operator; and
(3) The poultry product is not adulterated or misbranded; or
c. Include the sale of poultry products if the transaction involves interstate
commerce.
4. Except for whole, unprocessed fruits and vegetables, food prepared by a cottage food
operator may not be sold or used in any food establishment, food processing plant, or
food store.
5. The cottage food operator shall inform the end consumer that any cottage food
product or food sold under this section is not certified, labeled, licensed, packaged,
regulated, or inspected.
6. This section does not change any requirement for brand inspection or animal health
inspections.
7. A cottage food operator shall label all cottage food products that require refrigeration,
such as baked goods containing cream, custard, meringue, cheesecake, pumpkin pie,
and cream cheese, with safe handling instructions and a product disclosure statement
indicating the product was transported and maintained frozen.
8. 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."
9. The department of health and human services or a local regulating authority may
conduct an investigation upon complaint of an illness or environmental health
complaint.
