AN ACT to amend and reenact subsection 3 of section 23-09.5-02 of the North Dakota Century Code, relating to cottage food transactions; and to declare an emergency.
Summary
SB 2386 amends North Dakota’s cottage food law to refine what kinds of transactions are allowed for products made under the cottage food framework. The bill keeps the existing prohibitions on interstate commerce, internet/phone sales, mail-order sales, and consignment, while updating the meat and poultry provisions that govern uninspected products. In particular, it continues to bar uninspected meat products except as otherwise allowed in the statute, and it narrows the poultry exception to transactions involving poultry raised by the cottage food operator under specified conditions.
Under the bill, a cottage food operator may sell uninspected poultry products only if the operator slaughters no more than 1,000 poultry raised by the operator in a calendar year, does not buy or sell poultry products other than those produced from poultry the operator raised, and the product is not adulterated or misbranded. The bill also clarifies that poultry products may not be sold in transactions involving interstate commerce. The act is declared an emergency measure, meaning it takes effect immediately upon enactment rather than waiting for the usual effective date.
Impact
The bill amends subsection 3 of section 23-09.5-02 of the North Dakota Century Code, which regulates cottage food transactions. Its practical effect is to preserve the general local, direct-sale structure of cottage food operations while tightening and clarifying the poultry-related exception for uninspected products. The law continues to restrict sales channels and interstate activity, and it limits the scope of poultry sales to small-scale, operator-raised production that meets food-safety and labeling standards.
Sentiment
The recorded votes suggest broad bipartisan support for the bill. It passed the Senate and House by wide margins, with only a small number of dissenting votes in each chamber. The absence of committee transcript material limits insight into detailed debate, but the vote totals indicate the measure was generally viewed favorably as a targeted update to cottage food rules rather than a controversial overhaul.
Contention
The main point of potential contention is the treatment of uninspected poultry products and how far cottage food operators should be allowed to sell them. Supporters appear to favor a narrow, controlled exception for small-scale producers, while any opposition likely centers on food safety, inspection standards, and whether the poultry carveout should exist at all. The bill’s continued ban on interstate commerce and remote sales also reinforces the regulatory limits that some small producers may view as restrictive, though the final votes show little organized resistance.
AN ACT to amend and reenact subsection 3 of section 23-09.5-02 of the North Dakota Century Code, relating to cottage food transactions; and to declare an emergency.
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