North Dakota is one of only a handful of states in the country that allows home-cooked meals under its cottage food framework — soups, casseroles, lasagna, and more. Here's how it works and what you need to do to sell them legally.
The vast majority of cottage food laws restrict sellers to shelf-stable, non-perishable products. North Dakota's food freedom model takes a different approach: almost any food is allowed, including prepared meals, cooked entrees, and perishable baked goods — with one practical condition. TCS foods (those that require Temperature Control for Safety) must be transported and maintained frozen and carry a safe handling label. This keeps the food safe without requiring a commercial kitchen or special permit.
TCS stands for Temperature Control for Safety. A TCS food is any food that can support the growth of harmful bacteria when held at temperatures between 41°F and 135°F — a range food scientists call the "danger zone." Bacteria can double in number every 20 minutes in this range, which is why keeping TCS foods either cold (below 41°F) or hot (above 135°F) is essential.
TCS foods generally share a few characteristics: they are moist (high water activity), protein-rich or starchy, and have a pH above 4.6. Think cooked chicken soup, cream-filled pastries, lasagna, cheesecake — all are TCS foods. By contrast, a dry spice blend, a properly acidified pickle, or a loaf of bread are not TCS foods because they lack the conditions bacteria need to thrive.
Under North Dakota's cottage food law, TCS foods are not prohibited — they are simply managed differently. The law's practical solution is sensible: keep the product frozen from production to delivery, and tell the buyer clearly how to handle it at home. This mimics what commercial frozen meal producers do, applied to a home food business context.
The result is that a North Dakota home food seller can legally sell chicken noodle soup, beef stew, lasagna, quiche, and cheesecake — products that sellers in most other states simply cannot offer under cottage food law at all.
Where bacteria grow — and how North Dakota's frozen transport rule keeps TCS foods safe
The following categories reflect how North Dakota's law applies to common prepared and perishable food products. Open = straightforward. Restricted = allowed with the frozen transport requirement. Prohibited = requires separate licensing beyond cottage food law.
Chicken noodle soup, beef stew, vegetable soup, chili, chowder — all allowed. These are TCS foods and must be frozen for transport and sale.
Lasagna, hotdish, shepherd's pie, mac & cheese, enchiladas — all allowed as frozen cottage food products.
Homemade pizzas and topped flatbreads are allowed. Cheese, meat toppings, and egg-based items make these TCS foods.
Egg bakes, quiche, breakfast burritos, breakfast casseroles — all TCS foods that are allowed when sold frozen with proper labeling.
Cheesecakes, cream pies, tiramisu, mousse cakes, custard-filled pastries — all allowed as frozen products with safe handling labels.
Buttercream, cream cheese frosting, and whipped cream-topped cakes are TCS foods — the entire cake must be treated as such and transported frozen.
Bread, cookies, muffins, brownies, scones — with shelf-stable ingredients — are not TCS and do not require frozen transport. No special handling required.
Home-processed fresh vegetables that are blanched and frozen are allowed. These are not the same as prepared meals — they are frozen produce items.
Dishes made with purchased beef, pork, lamb, fish, seafood, or wild game are prohibited. Meat products are excluded from North Dakota's cottage food law entirely.
North Dakota's frozen transport requirement is straightforward. Follow these steps and you're operating legally under ND Century Code 23-09.5.
Prepare your meal, baked good, or perishable product in your residential home kitchen. No commercial kitchen is required — the cottage food law explicitly applies to home production. No state inspection of your kitchen is required.
TCS products must be frozen before sale and transport. Freeze the finished product solid at 0°F or below. Do not allow it to enter the temperature danger zone (41°F–135°F) after production. Use a thermometer to confirm your freezer is maintaining proper temperature.
Example: Freeze your chicken noodle soup in individual quart containers within 2 hours of cooking.Your label must include two things: (1) the standard North Dakota home kitchen disclaimer, and (2) a product disclosure statement and safe handling instructions indicating the product was transported and maintained frozen. See the label examples below.
When delivering or selling at a farmers market, use a quality cooler with ice packs or dry ice to keep products frozen throughout transport. Products must remain frozen — not just cold — through the point of sale.
Example: At a farmers market, keep frozen meals in a chest freezer or deep cooler with dry ice rated for the duration of the market.Beyond the label, it's good practice to tell buyers verbally (or include a card) how to safely thaw and reheat the product. This protects your customers and reflects well on your business. Suggested guidance: thaw overnight in the refrigerator, reheat to 165°F internal temperature before serving.
If shipping TCS prepared foods (allowed under SB 2386 for interstate sales), use insulated shipping containers designed to keep products frozen for the expected transit time. Consider 2-day shipping maximum for frozen goods. Inform buyers their package will arrive frozen and should be refrigerated or re-frozen immediately upon arrival.
Example: Use foam-lined boxes with dry ice for interstate shipments, and ship Monday–Wednesday to avoid weekend delays.North Dakota's cottage food law applies specifically to home kitchen production. You do not need to rent a commercial kitchen or obtain a separate food processing license to sell prepared meals as a cottage food producer. Your residential home kitchen is legally sufficient — and it is not inspected by the state or local health department before you begin selling. If you grow to the point where you want to sell to restaurants or retail stores, that's when you'd look at commercial licensing — and the North Dakota Department of Agriculture's Pride of Dakota program is a great resource for that transition.
North Dakota requires two layers of disclosure for TCS cottage food products. The first is the standard home kitchen disclaimer required on all cottage food products. The second is a product-specific disclosure and safe handling instructions required specifically for TCS foods sold as frozen products.
Both elements can appear on the same label. For TCS products, the safe handling instructions are not optional — they are a legal requirement under ND Administrative Code 33-33-10-02, which specifies that TCS foods "must be transported and maintained frozen and include the required safe handling instructions and product disclosure statement."
There is no state-mandated specific wording for the safe handling instructions — use clear, practical language telling the buyer the product was transported frozen and how to safely thaw and use it at home. See the sample label panel on the right for guidance.
For full label requirements that apply to all North Dakota cottage food products — including ingredient lists, allergens, and net weight — see the Label Requirements guide →
Home Kitchen Disclaimer (required on all ND cottage food):
"This product is made in a home kitchen that is not inspected by the state or local health department."
Describe your prepared dish and get a plain-English classification — TCS or non-TCS — along with North Dakota-specific guidance on how to sell it legally.
Create Free Account to Use This Tool →North Dakota gives you the freedom to sell prepared meals that most states won't allow. Build your SellFood storefront and start reaching hungry customers today.
Start Selling on SellFood →