BISMARCK, N.D. (AP) - A North Dakota judge ruled the state’s Department of Health overstepped its authority when it made rules that restricted homemade foods that can be offered for sale.
Thursday’s ruling by South Central District Judge Cynthia Feland invalidates the rules that went into effect nearly a year ago on so-called “cottage foods,” which are generally homemade, home-baked or home-canned items. The rules limited which foods could be sold, such as canned items that are low in acid.
Five North Dakota plaintiffs sued the state in March, arguing the rules should be overturned because they conflict with a 2017 law that expanded cottage food sales.
Health officials wanted the lawsuit dismissed. Department spokeswoman Nicole Peske told the Bismarck Tribune that the state is exploring its options on next steps.
“We’re disappointed in the outcome of the cottage food rules court case, but we respect the court’s decision. Our priority remains the same as it has always been, to protect the health and safety of North Dakotans,” she said.
Institute for Justice senior attorney, Erica Smith, who represented the plaintiffs, said: “This victory means that more North Dakotans will be able to support their families and their farms by selling homemade foods.” She said it also means there will be more options to buy fresh, local food.
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