North Dakota Food Business Licenses: Cottage Food Needs No License, Restaurants $130 Plus $0.50 a Seat, Food Trucks $130, Licenses Expire Dec 31
North Dakota Food Business Licenses: Cottage Food Needs No License, Restaurants $130 Plus $0.50 a Seat, Food Trucks $130, Licenses Expire Dec 31
If you want to sell food in North Dakota, the first question is whether you need a license at all. The answer depends on what you make, where you make it, and where you sell it. North Dakota has no general statewide business license, and no major city issues one either. Food is licensed by activity, and the rules fall into two tracks: cottage food, which needs no license, and licensed food establishments, which do.
This guide covers both tracks, the current fee schedule, renewal deadlines, and the other registrations most food businesses need. The fees come from North Dakota Administrative Code 33-33-08-01, as amended January 1, 2026.
This content is informational, not legal or tax advice. Food rules depend on your products, equipment, and location. Talk with a qualified attorney or CPA before you commit to a business structure or set an opening date.
Start Here: Cottage Food or Licensed Food?
Cottage food is governed by North Dakota Century Code chapter 23-09.5. If your products fit within it, you need no state or local license, permit, inspection, or special packaging. There is also no dollar cap on sales. The catch is that the sales rules are strict, and a single sale outside them moves you into licensed territory.
Licensed food covers anything that does not fit the cottage food rules, including restaurants, catering kitchens, retail food stores, bakeries, bars, food trucks, and food processors. Those operations need a license from the Department of Health and Human Services (HHS) or from a city or district health unit, and they pay the fees described below.
Cottage Food: No License, But Strict Rules
A cottage food operation can sell from a farm, a farmers market, a farm stand, a home kitchen, or by delivery. The sale must go directly from you to an informed end consumer for home consumption. The main limits are:
- No sales to food establishments. You cannot sell to or supply a food establishment, processing plant, or food store, with one exception: whole, unprocessed fruits and vegetables.
- Meat and poultry limits. Uninspected meat is not allowed. Uninspected poultry is allowed only from your own limited flock, and it can never move in interstate commerce.
- Required disclosure. Every product needs a point-of-sale sign or a label stating: "This product is made in a home kitchen that is not inspected by the state or local health department."
- Refrigerated items. Anything that requires refrigeration needs safe-handling labels.
Cottage food is the cheapest way to test a product, but it is not a path to wholesale. If a grocery store or restaurant wants your product, you will need a licensed operation.
Licensed Food Establishments: The Fee Schedule
The fees below are the current amounts under NDAC 33-33-08-01. Licenses are annual.
| License type | Fee | Notes |
|---|---|---|
| Restaurant or catering kitchen | $130 plus $0.50 per seat | Maximum $310 |
| Limited restaurant | $130 | |
| Retail food store, meat market, or bakery, up to 2,500 sq ft | $130 | |
| Retail food store, meat market, or bakery, 2,500 to 5,000 sq ft | $145 | |
| Retail food store, meat market, or bakery, over 5,000 sq ft | $170 | |
| Bar or tavern | $100 | |
| Mobile food unit (food truck) | $130 | |
| Temporary stand | $50 per event | Events up to 14 days, $250 annual maximum |
| Food processing | $130 | |
| Bottled beverage (per brand) | $100 per brand | Under NDAC 33-33-07-01 |
Two add-on charges apply to new licenses. A new license carries a $100 administration fee. If your site needs a plan review, you also pay 50 percent of the annual fee.
Restaurants: $130 Plus $0.50 a Seat
A restaurant or catering kitchen pays $130 plus 50 cents for each seat. The math is simple:
- A 60-seat restaurant pays $130 + $30 = $160 per year.
- A 100-seat restaurant pays $130 + $50 = $180 per year.
- The fee tops out at $310, which is reached at 360 seats.
A brand-new 100-seat restaurant that needs plan review would pay $180 for the annual license, $100 for the new-license administration fee, and $90 for plan review (50 percent of $180), for a first-year total of $370 before any other charges.
If you plan to serve alcohol, that is a separate track. Retail alcohol requires a local license first, then a license from the North Dakota Attorney General. Confirm the local and state steps with the Attorney General's office before you buy or lease a space.
Food Trucks: $130 as a Mobile Food Unit
A food truck falls under the mobile food unit category at $130 per year. For a first-year license, add the $100 administration fee, which brings the total to $230. If the truck needs plan review, add $65 (50 percent of $130), for a total of $295.
Food trucks often confuse people about where they get licensed. HHS issues food establishment licenses, but it waives its license where a city or district health unit licenses the site under approved rules. That means the issuing office can differ depending on the location where you operate or prepare food. Before you buy a truck, call HHS Food and Lodging or your local public health unit and ask which office licenses mobile food units in the areas you plan to serve.
If you only plan to sell at a single event, the temporary stand category may fit better. It costs $50 per event for events up to 14 days, with a $250 annual maximum.
Retail Stores, Bakeries, Bars, and Processors
Retail food stores, meat markets, and bakeries are priced by square footage: $130 up to 2,500 square feet, $145 from 2,500 to 5,000 square feet, and $170 above 5,000 square feet. Bars and taverns pay $100. Food processors pay $130. A bottled beverage license costs $100 per brand under NDAC 33-33-07-01, so a company with three brands pays $300.
Renewals: Everything Expires December 31
Food licenses expire on December 31 every year, regardless of when you first opened. If you miss the deadline, you can still renew within 60 days after expiration, but you will pay a 50 percent late fee under N.D.C.C. 23-09-16.1. Put the December 31 date on your calendar the day you receive your license, and confirm with the issuing office whether they send a renewal notice and how they accept payment.
Other Registrations Most Food Businesses Need
A license is only one piece. Depending on how you are set up, you may also need these:
- An entity filing. Articles of Organization for an LLC cost $135 and are filed through the Secretary of State's FirstStop portal at firststop.sos.nd.gov. Before filing, you can reserve a name for $10 for 12 months through the Secretary of State at sos.nd.gov. Check name availability in the business search. The LLC then files a $50 annual report every November 15.
- A trade name. If you operate under a name other than your legal name, such as "Prairie Pie Co." for a sole proprietorship, register it with the Secretary of State. Registration costs $25, amendments cost $25, and renewal costs $25 every five years. Trade name details are at the Secretary of State's trade name FAQ.
- A sales and use tax permit. Any business making taxable sales must hold a permit from the Office of State Tax Commissioner. Apply through ND TAP about 30 days before you open. The state sales tax rate is 5 percent, plus any city and county taxes that apply where you sell. Confirm with the Tax Commissioner which of your sales are taxable.
- Workers' compensation. North Dakota workers' compensation is a state monopoly provided through WSI (WorkForce Safety and Insurance), not a private carrier. If you plan to hire employees, confirm your coverage requirements with WSI before your first hire.
North Dakota has no franchise tax and no separate LLC privilege tax. The only recurring state charge on an LLC itself is the $50 annual report. Income tax applies to the owners' share of profits, so talk with a CPA about how your entity will be taxed.
Your Step-by-Step Checklist
- Sort your products. Decide whether each product fits cottage food rules or needs a license.
- Pick a legal structure and name. Reserve the name, then file Articles of Organization if you choose an LLC. Register a trade name if you will use one.
- Confirm the issuing office. Call HHS Food and Lodging or your local public health unit to find out who licenses your site or truck.
- Plan for plan review. Ask whether your site needs one, since it adds 50 percent of the annual fee.
- Apply for your food license. Budget for the annual fee plus the $100 administration fee.
- Apply for a sales tax permit. Use ND TAP about 30 days before opening.
- Calendar your deadlines. Food licenses expire December 31, and the LLC annual report is due November 15.
Where to Get Official Answers
- North Dakota Secretary of State: sos.nd.gov for entity filings and trade names.
- Office of State Tax Commissioner: tax.nd.gov for sales tax and income tax questions.
- North Dakota Small Business Development Centers: und.edu/ndsbdc, hosted by the University of North Dakota, for free planning help.
- SBA North Dakota District: sba.gov/district/north-dakota for federal small business resources.
Food rules and fees change, so confirm the current amounts with the agency before you pay. This article reflects the fee schedule as amended January 1, 2026. It is informational, not legal or tax advice. Before you form your business, sign a lease, or sell to a wholesale buyer, consult a qualified North Dakota attorney and CPA.