North Dakota Food Freedom

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FREQUENTLY ASKED QUESTIONS

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When does the Food Freedom law become effective?

August 1, 2017 Prior to that date you may prepare products, advertise, etc. but you are not allowed to actually transact business until August 1st.

 

What signs or labels must be used?

Any product created in a kitchen must have a sign or label stating “This product is made in a home kitchen that is not inspected by the state or local health department.” For your convenience, ND Food Freedom is selling labels in our webstore which meet the requirement. See a copy of the label at the top left of this page.

 

Refrigerated or frozen products should be labeled with safe handling instructions and a statement the product was transported and maintained at the refrigerated or frozen temperature.

 

Producers should inform customers – verbally, by sign or label – that the food sold is not certified, labeled, licensed, packaged, regulated or inspected.

 

Are we permitted to use our own labels?

Absolutely!  A good label is a great marketing tool.  For processed, main courses or baked goods, you’re encouraged to include a list of ingredients, processing method, handling instructions, etc. If you’re selling an item that requires a warning label, be sure to include the correct language.


May we sell over the Internet?

Actual transactions (exchange of goods and money) must take place in person between the buyer and seller. However, you may advertise your goods on a website, Facebook page, in a group, via email, through flyers, posters or other means. You can discuss the transaction using any of those methods and make arrangements to meet the buyer. It's simply the actual transaction that have to take place in person.


What type of eggs can be sold?

Eggs from any domesticated poultry can be sold to the home consumer without a permit, refrigeration, etc. If you are selling to a store or other outlet, you’ll need a permit and follow state law.


May we sell to restaurants or stores?

ONLY fresh fruits and vegetables may be sold directly to restaurants or stores. All other items can only be sold to the home consumer for use in their home. Items purchased through the Food Freedom Act may not be resold or used in other Food Freedom products. That means - you can't purchase noodles from one farmer and chicken from another farmer, then make chicken noodle soup for resale. However - you and your family have enjoy that delicious soup at home.