North Dakota · Label Requirements

Label Requirements in North Dakota

North Dakota's labeling requirements are among the most straightforward in the country — one required disclaimer statement, standard food label elements, and for TCS products, a safe handling disclosure. Here is everything you need to build a compliant label.

Required · ND Century Code 23-09.5 · The Most Important Label Element
North Dakota Home Kitchen Disclaimer — Exact Required Wording

"This product is made in a home kitchen that is not inspected by the state or local health department."

Alternative: Sign at Point of Sale (farmers markets & events)

Instead of printing this statement on every label, sellers at farmers markets, events, or roadside stands may display it on a clearly visible sign at the point of sale. Both methods satisfy the requirement — choose whichever is more practical for your selling situation. For online sales and shipping, the label is the only option since there is no in-person sign.

⚠ [VERIFY] Some secondary sources suggest seller name and address may also be required on the label — confirm with ND HHS at [email protected] · (701) 328-1291 before launch

Beyond the state cottage food disclaimer, North Dakota follows federal FDA food labeling standards for the remaining label elements. This makes it straightforward to build a compliant label: the state adds one unique requirement (the disclaimer), and the rest follows the same rules that apply to packaged food everywhere. The chart below walks through every element — what's required, what's conditional, and what's simply good practice.

Required, Conditional & Recommended Elements
1
Required — State Law

ND Home Kitchen Disclaimer

"This product is made in a home kitchen that is not inspected by the state or local health department." Must appear on the label or on a sign at the point of sale.

2
Required — Federal FDA

Product Name

The common or usual name of the food — what it actually is. "Strawberry Jam," "Chocolate Chip Cookies," "Chicken Noodle Soup." Must appear prominently on the principal display panel.

3
Required — Federal FDA

Ingredient List

All ingredients listed in descending order by weight — most to least. Use common names. Sub-ingredients of compound items must be listed in parentheses. Example: "Butter (cream, salt)".

4
Required — Federal FDA

Net Weight or Net Quantity

The amount of product in the package — weight, volume, or count depending on the product type. Must appear in both metric and US customary units (e.g., "8 oz (227g)"). See the Net Weight section below for formatting guidance.

5
Required — Federal FDA

Major Food Allergen Declaration

The 9 major allergens must be clearly disclosed whenever they are present as an ingredient or component. See the Allergen section below for the complete list and formatting requirements.

6
Required — Best Practice

Seller Name & Contact

Your name (or business name) and contact information — city/state at minimum, email or website recommended. [VERIFY with ND HHS whether this is legally required on the label or advisory only] Including it builds customer trust regardless.

7
Conditional — TCS Products Only

Safe Handling Instructions

Required on all TCS foods (perishable products sold frozen). Must tell buyers the product was transported frozen and how to safely store, thaw, and heat it at home. See the Prepared Meals guide for exact sample language.

8
Conditional — TCS Products Only

Product Disclosure Statement

An explicit statement that the product "was transported and maintained frozen" — required alongside safe handling instructions for TCS cottage food products under ND Admin Code 33-33-10-02.

9
Conditional — Unpasteurized Juice

FDA Unpasteurized Juice Warning

Federal best practice for any fresh-pressed or raw juice: "WARNING: This product has not been pasteurized and, therefore, may contain harmful bacteria that can cause serious illness in children, the elderly, and persons with weakened immune systems."

Recommended — Not Required

Production / Best By Date

Not legally required for most cottage food products, but adds professionalism and helps customers understand shelf life. For TCS frozen products, include a "best if used by" date that accounts for appropriate freeze time.

Recommended — Not Required

Storage Instructions

Tell buyers how to store your product after purchase — "Keep refrigerated," "Store in a cool, dry place," "Refrigerate after opening." Not legally required but reduces customer questions and protects product quality.

Prairie Strawberry Jam
Small-batch · Home-made
Ingredients
Strawberries, cane sugar, lemon juice, pectin
Net Weight
8 oz (227 g)
Allergen Statement
Contains: None of the 9 major allergens. Made in a kitchen that also processes tree nuts.
Made By
Jane Smith · Bismarck, ND · [email protected]
Best By
June 2027 · Refrigerate after opening
⚠ Required — ND State Disclaimer
"This product is made in a home kitchen that is not inspected by the state or local health department."
Sample label — strawberry jam (shelf-stable, no TCS elements)
ND state-required disclaimer
Federal FDA requirements
TCS-specific (when applicable)
Chicken Noodle Soup
Home-made · Sold Frozen
⚠ TCS — Safe Handling (Required)
This product was produced and transported frozen. Keep frozen until ready to use. Thaw in refrigerator overnight. Heat to 165°F internal temperature before serving. Do not refreeze after thawing. Refrigerate leftovers; consume within 3–4 days.
⚠ Required — ND State Disclaimer
"This product is made in a home kitchen that is not inspected by the state or local health department."
TCS products need both disclaimer and safe handling block
The 9 Major Allergens

Federal law requires that the 9 major food allergens be clearly disclosed whenever they appear in a product — either as a primary ingredient or as a component of an ingredient. This applies to all packaged food sold in the United States, including cottage food.

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Wheat
Includes all wheat varieties; barley/rye not covered separately
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Milk
Includes butter, cream, cheese, yogurt, whey, casein
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Eggs
Includes all egg products and egg-derived ingredients
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Peanuts
Includes peanut butter, peanut oil, peanut flour
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Tree Nuts
Almonds, cashews, walnuts, pecans, pistachios, etc. — specify which
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Fish
Salmon, tuna, cod, etc. — specify species. Not covered under cottage food law in ND.
🦐
Shellfish
Shrimp, crab, lobster, etc. — specify species. Not permitted in ND cottage food.
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Soy
Includes soy flour, soy protein, soy sauce, tofu, edamame
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Sesame
Added as the 9th major allergen in 2023 — includes sesame oil, tahini, sesame seeds

Allergen Labeling Formats — All Are Acceptable

Option 1 — "Contains" Statement (simplest)
Contains: Wheat, Milk, Eggs, Soy
Option 2 — Bold in Ingredient List
Flour (wheat), butter, sugar, eggs, vanilla, baking soda, salt
Option 3 — Both (most transparent)
Flour (wheat), butter, sugar, eggs · Contains: Wheat, Milk, Eggs
Cross-Contact Advisory (not required but recommended)
Made in a kitchen that also processes peanuts and tree nuts.
Measuring & Declaring Net Weight

Net weight is the weight or volume of the food product itself — not including the packaging. It must appear in a prominent location on the label, typically the lower third of the principal display panel, in a type size that's easy to read.

Federal regulations require net weight to be stated in both US customary units (ounces, pounds, fluid ounces, etc.) and metric units (grams, kilograms, milliliters, liters). The US customary unit appears first. For weights under one pound, list in ounces only. For weights over one pound, list in both pounds and ounces, plus grams or kilograms in parentheses.

For count items (a dozen cookies, a 6-pack of muffins), state the count and the net weight of the package. "12 cookies · Net Wt 14 oz (397 g)" is a complete declaration. Measure your products consistently — weigh them after packaging but without the container.

No specific font size is required for cottage food labels, but the net weight should be clearly legible. A good minimum is 6pt font for small labels, 8pt or larger for standard jar labels and packaging.

Net Weight Formatting by Product Type

Jam / jelly (jar)
8 oz (227 g) 1 lb (454 g)
Cookies (bag)
6 oz (170 g)
Bread (loaf)
1 lb 4 oz (567 g)
Hot sauce (bottle)
5 fl oz (148 mL)
Spice blend (pouch)
2 oz (57 g)
Kombucha (bottle)
16 fl oz (473 mL)
Granola (bag)
12 oz (340 g)
Frozen soup (container)
1 qt · 32 fl oz (946 mL)
Placement, Format & Best Practices
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Printing Your Labels

Home inkjet or laser printers work well on label sheets (Avery, Online Labels, etc.). For a more professional look, consider Canva or Adobe Express for design, then print at a local copy shop or order from an online label printer like Sticker Mule or Avery WePrint.

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Where Each Element Goes

The product name goes on the principal display panel (the front). Ingredients, net weight, allergens, and the state disclaimer can go on the information panel (back or side). For small products, everything can appear on a single panel — just make sure nothing is hidden.

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Waterproof Labels for Jars

If selling jams, pickles, or other jar products, use waterproof label stock. Standard paper labels smear or peel when condensation forms on refrigerated jars. Glossy or matte waterproof labels hold up well and look more professional.

🔤

Minimum Readable Font Size

While no specific size is mandated for cottage food in ND, the FDA recommends a minimum of 1/16 inch (about 4.5pt) for labels under 12 sq inches. For practical readability, use at least 6pt for fine print and 8–10pt for ingredient lists on standard labels.

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Online Listings Count as Labels

When selling online, your product listing should include all the label information a buyer would see on the physical label — including the ND disclaimer, ingredients, and allergens. A buyer purchasing to ship should have full information before checkout.

✏️

Keep Labels Updated

If your recipe changes, update your labels before selling the new batch. Using an ingredient list from an old recipe on a new product can create allergen disclosure errors — a risk to customers and your business. Date your label versions for easy tracking.

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Create Your North Dakota Label

The SellFood Label Maker pre-fills the exact North Dakota home kitchen disclaimer automatically. Add your ingredients, allergens, and net weight — and download a print-ready label in minutes.

Open Label Creator →
Free with a SellFood account · ND disclaimer pre-loaded · PNG download included

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