Cottage food vendors sue North Dakota Dept. of Health

BISMARCK, N.D. – North Dakota homemade food vendors have sued the state health department over new rules they say restrict their sales.

Attorneys with the Institute for Justice are representing five plaintiffs in their case against the state, arguing that the new rules contradict a 2017 law intended to expand cottage food sales. But state health officials say the cottage foods law needs to be clear on which types of food can be sold and that public health needs to be protected.

Cottage food vendors say the department’s limitations on what food can be sold hurts them financially, especially during the coronavirus pandemic.