House Ag Committee approves emergency amendment and recommends do pass on bill allowing interstate and online cottage food sales

Senate Bill 23‑86, sponsored by Senator Desiree Van Oosting, would expand North Dakota's cottage food statute to allow interstate shipment and phone and internet sales by cottage food operators while retaining labeling requirements that identify such products as made in a home kitchen.

"This idea was brought to me by military families," Senator Van Oosting said, explaining that 35 states allow shipping and that opening interstate and online sales could help military spouses and other small rural entrepreneurs reach customers who follow them from state to state.

Janetta Sawyer, a cottage baker who recently moved to Minot, told the committee that the current law bars interstate commerce for cottage foods and that allowing shipments would help military families and other mobile producers retain customers when they relocate. "By allowing cottage bakers the ability to ship their goods in and out of state, as well as doing online sales, we will be creating more balanced businesses within our own communities," she said.

Supporters including the Dakota Resource Council, the Minot Area Chamber EDC, and the North Dakota Farm Bureau emphasized the economic opportunity and the benefit to military families and rural small businesses. Sam Wagner of Dakota Resource Council said allowing sales over the Internet and interstate shipments is "common sense for 2025."

Senator Van Oosting and witnesses noted existing safeguards: cottage food products must carry a label stating the product is made in a home kitchen not inspected by state or local health departments, and the bill includes a department‑requested provision addressing poultry products. Witnesses said the U.S. Food and Drug Administration does not bar interstate sale of cottage foods but that operators must still comply with any applicable federal labeling or food‑safety laws for specific products.

Representative Schreiberbeck moved an amendment adding an emergency clause; the committee approved the amendment by voice vote. Representative Olson then moved a do‑pass as amended; Representative Dwight seconded and the committee passed the bill by roll call. Committee members discussed whether to add an emergency clause to accelerate implementation and the committee adopted that amendment.

Witnesses said many cottage food items intended for shipment are shelf‑stable (cookies, snack mixes, chocolate‑covered confections) and that items with short shelf life (cakes, cupcakes) remain impractical for standard shipping unless overnight service is used.

The committee recorded the amended do‑pass recommendation and the bill will proceed to the next stage of legislative consideration.