Manufactured and Processed Food

In North Dakota, a food processing license is required to process, manufacture, package, label, or store food and drink products intended for human consumption and to sell these products to other businesses (wholesale) which then sell the products to the end consumer. Registration with the US Food and Drug Administration (FDA) is also required for all food processors.

A retail food sales establishment license is required for direct sales of temperature control for safety (TCS) food to the end consumer. If both food processing for wholesale and retail food sales of TCS food is part of your business, a multiple food establishment license may apply. Food processors manufacturing food products that do not require time and temperature controls for safety or are not offered for direct sale to the end consumer do not need a retail food establishment license but will still need a food processing license and an FDA registration.

Licensing

• SFN 19382 Food Establishment License Application (PDF)
• Statewide Licensed Food Processors (PDF)
• FDA Data Dashboard

Regulatory Code

• North Dakota Food Code: A Guide for Food Handlers - English Version (PDF)
• North Dakota Food Code: A Guide For Food Handlers - Spanish Version (PDF)
• North Dakota Food Code: North Dakota Century Code 33-33-04.1 (PDF)
  • Effective January 1, 2024.
  • Adoption of the United States Food and Drug Administration 2017 Food Code by reference.
• FDA Food Code 2017 Information
  • Complete copy of the FDA Food Code 2017 (PDF)
  • Supplement to the Food Code 2017 (PDF)
• MEMO: North Dakota Food Code Changes (PDF)
  • Effective January 1, 2024.
• Food Establishments: North Dakota Century Code 23-09 (PDF)
• Food Establishment License Fees: North Dakota Administrative Code 33-33-08 (PDF)
• North Dakota Food, Drug, and Cosmetic Act: North Dakota Century Code 19-02.1 (PDF)

Additional Information

• U.S. Food and Drug Administration:
  • Section 415 of the Federal Food, Drug, and Cosmetic Act (FD&C Act) [21 U.S.C. § 350d] requires food processors to register with the U.S. Food and Drug Administration (FDA).
    • Registration of Food Facilities
    • Contact the FDA for technical assistance at 1-888-INFO-FDA (1-888-463-6332).
  • Guidance for Industry:
    • Food Labeling Guide
    • Questions and Answers Regarding Food Allergens
  • Establishment Registration & Process for Filing for Acidified and Low-Acid Canned Foods
• NDSU Extension Food Entrepreneur Guide
• Hazard Analysis Critical Control Point (HACCP)
• Food Employee Food Safety Training
• Food Safety Resources
• Service Animals