Start A Food Business

Follow These Simple Steps to Get Started!

Step 1:

Determine License Type Needed

Refer to the video to determine if your business will be food processing, a food establishment, or a retail food store.

Step 2:

Determine the Jurisdiction of the Business

The Regulatory Jurisdiction Areas by License Type document will help you determine who will license your business. If you determine that a local agency will be licensing your business, please contact the local agency for guidance. (need pdf)

Step 3:

Contact Local Planning and Zoning Office

Make sure to get approval from your city, township, or county prior to investing in your business.

Here are some helpful links you may need before starting your business:

• Secretary of State Business Services
• New Business Registration
• Tax Information for New Businesses
• Office of Attorney General Licensing and Gaming

Step 4:

Submit Plans and Specifications to Licensing and Inspection Authority

Prior to constructing, remodeling, or operating a food business in North Dakota, a license application and properly prepared plans and specifications must be submitted to the Division of Food and Lodging for review and approval. Contact foodandlodging@nd.gov or (701) 328-1291 with any questions.

• SFN 19382 Food Establishment License Application and Plan Review
• ND Rules and Regulations
  • North Dakota Food Code (North Dakota Century Code 33-33-04.1) - Effective January 1, 2024 (Adoption of the United States Food and Drug Administration 2017 Food Code by reference)
  • FDA Food Code 2017 (Click the link “Food Code 2017” and the link “Supplement to the Food Code 2017” at the bottom of the page for a complete copy of the FDA Food Code 2017)
  • MEMO: North Dakota Food Code Changes - Effective January 1, 2024
  • North Dakota Century Code 23-09 – Pertaining to Food Establishments
  • North Dakota Administrative Code 33-33-08 – Food Establishment License Fees
  • North Dakota Century Code 19-02.1 – North Dakota Food, Drug, and Cosmetic Act
• Guidance
  • Food Establishment Plan Review Manual
  • North Dakota Food Code:  A Guide for Food Handlers
  • North Dakota Food Code: A Guide For Food Handlers Spanish

Step 5:

Written Plan Approval and Certification from Applicable Agencies

If the Division of Food & Lodging approves your plans, a plan approval letter will be sent to you. Be sure to obtain appropriate certifications from other applicable agencies prior to opening day for your business.

• North Dakota State Electrical Board
• North Dakota State Plumbing Board
• North Dakota State Fire Marshal

Step 6:

Pre-operational Inspection Prior to License Approval and Operation

An inspector will conduct a pre-operational inspection and license your business.

Annual License Fee Schedule

The Annual License Fee Schedule will help you determine the annual license fees for your business.