Home Bakery Permit Requirements in Bismarck, ND

1. EIN (Employer Identification Number)

   Required if you have employees or operate as an LLC or corporation. Free from the IRS.

   Official government source

   Free·Immediate (online application)

   Free

   Immediate (online application)

1. North Dakota Office of State Tax Commissioner — Sales and Use Tax Permit

   Required for any business selling taxable goods or services in North Dakota. The state sales tax rate is 5% for most retail sales, and cities and counties may levy additional local sales and use taxes that vary by location — check the Tax Commissioner’s local tax rate listings for your address. Apply for the permit in ND TAP, the state’s Taxpayer Access Point.

   Official government source

   Free·Apply through ND TAP at least 30 days before you open for business, as the Tax Commissioner advises.

   Free

   Apply through ND TAP at least 30 days before you open for business, as the Tax Commissioner advises.

2. Certified Food Protection Manager (recommended, not required)

   North Dakota does not require a Certified Food Protection Manager — ND Health and Human Services states a CFPM "is not a requirement of the North Dakota Food Code but may be required in some areas of the state." Cottage food producers sit outside the food establishment licensing system entirely, so no certification applies to a home bakery, though food safety training is still worth doing.

   Official government source

   $80–$150 for an ANSI-accredited course and exam, if you choose to certify·1–2 days

   $80–$150 for an ANSI-accredited course and exam, if you choose to certify

   1–2 days

1. North Dakota Cottage Food Exemption (NDCC ch. 23-09.5)

   North Dakota's Cottage Food Production and Sales law (NDCC chapter 23-09.5) lets you produce baked goods, jams, jellies and similar foods in a home kitchen and sell them without a license. NDCC 23-09.5-02(1) bars any state agency or political subdivision from requiring "licensure, permitting, certification, inspection, packaging, or labeling" for these products. Sales must be direct from you to an informed end consumer for home consumption — at a farmers market, farm stand, home kitchen, or by delivery — and the buyer must be told the food is not licensed, regulated, or inspected. Uninspected meat products may not be sold, and poultry only within the statute's limits.

   Official government source

   Free — ND HHS states the law lets home-based businesses start selling food "without license or inspection fees."·No registration or waiting period — you may begin selling once you meet the statute's conditions.

   Free — ND HHS states the law lets home-based businesses start selling food "without license or inspection fees."

   No registration or waiting period — you may begin selling once you meet the statute's conditions.

2. No General Business License in Bismarck

   The City of Bismarck states plainly that it does not presently have a general business license. Certain occupations do require a license or permit specific to that use — building permits, food service, gaming, liquor sales, excavation and concrete work, taxi operations, and Fire Department permits among them — and the State of North Dakota licenses some occupations separately. Check whether your specific activity is regulated rather than assuming a general license applies. There is no City Clerk business license.

   Official government source

   No fee — Bismarck issues no general business license. Activity-specific permits carry their own fees.·Not applicable

   No fee — Bismarck issues no general business license. Activity-specific permits carry their own fees.

   Not applicable

Official Sources

• North Dakota Cottage Food Law
• City of Bismarck City Clerk

Related Guides