North Dakota Food Freedom

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SB 2269 - The Rewriting of Our Cottage Food Law

SB 2269 has passed the ND Senate with some amendments.
You can see the amended version here:

HEARING NOTICE! - Friday, March 22nd
House Ag Committee
9:00 AM - Pioneer Room, East side of State Capitol, Bismarck
Public enters by south entrance to Capitol.

More Hearing Info

The Pioneer Room is a large room holding well over 100 people so we need to bring a crowd. Even if you don't wish to testify, being in the room is important and visiting with legislators before and after makes an impact.

What isn’t covered in the amended bill? (Things we need to improve and possible talking points for your emails.)

1. There’s no provision for the sale of any drinks. Testimony from the Health Department during questions stated that kids could still have lemonade stands, but you won’t be able to sell lemonade at a farmers market.

2. The only canned goods allowed will be acidified or naturally acidic foods. Several people testifying had encouraged the committee to allow non-acidified foods to be pressure canned, but the committee didn’t take that suggestion.

3. You still will not be able to cut a fresh fruit or vegetable (other than harvesting) and sell a salad or other refrigerated products other than certain baked goods that are picked up at the cottage food producer’s home.

4. There will be additional labeling requirements. Many of you are already doing all this labeling, but there are specific handling instructions included in this legislation over what you currently have.

5. For those selling fresh, uncut, fruits and vegetables, SB 2269 removes the protection that you had from local health districts imposing inspections or other restrictions when you are selling to retailers or restaurants. The State Health Department does not require you to do anything special, but prior to 2017, some local health districts did have special rules. We believe that protection needs to be in place.

As a practical matter, committee action guides the floor vote. I would suggest you write an individual email to each member of the House Ag Committee so it arrives when they know the hearing is close.

The list of committee members is here, along with a bit of information on each person:

Please be respectful in your dealings with committee members. Some legislators have received threats during this session (I hope NOT on this bill.) and it doesn't win votes. We can state our case without name calling.

Be sure to include how this legislation - and the 2017 bill - impacts you and your family.

This process is far from over. We realize the longer this goes on, the more stress you have if your products are those on the chopping block. We need to continue to make our case and EVERYONE of you – regardless where your product fits in this legislation – needs to stand strong for the entire cottage food industry.

If we can get a few more amendments on this bill in the House Ag Committee, we can have a definitive piece of legislation that completely disallows the Department of Health or any other political subdivision from writing any type of rules restricting our industry.