SB 2386 — Relating to cottage food transactions; and to declare an emergency.
Last action — Filed with Secretary Of State 03/20
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 27, 2025. Enacted.
Signed by Governor Kelly Armstrong (Republican) on March 21, 2025.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Enacted
Current position in the legislative process.
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6 sponsors
1 primary, 5 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (3 R).
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Cleared a recorded vote
Passed 3 recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Summary
AN ACT to amend and reenact subsection 3 of section 23-09.5-02 of the North Dakota Century Code, relating to cottage food transactions; and to declare an emergency.
Bill Text
What changed in the latest version
46 added · 28 removedPlain-language change summary
The amendments to Bill SB 2386 clarify rules regarding cottage food transactions in North Dakota. The key change is that it now explicitly states that selling uninspected poultry products is allowed only for operators who raise fewer than a thousand birds per year and do not engage in interstate commerce. This distinction matters because it provides clearer guidelines for local cottage food operators, helping them to understand what they can legally sell while ensuring food safety. Additionally, the bill declares an emergency, indicating the changes are intended to take effect immediately.
25.1349.02000 Sixty-ninth Legislative Assembly of North Dakota FIRSTIn ENGROSSMENTRegular ENGROSSEDSession SENATECommencing BILLTuesday, NO.January 7, 2025 (Senators Van Oosting, Gerhardt, Roers) (Representatives Motschenbacher, Holle, Hauck) AN ACT to amend and reenact subsection 3 of section 23-09.5-02 of the North Dakota Century Code, relating to cottage food transactions;
2386 Introduced by Senators Van Oosting, Gerhardt, Roers Representatives Motschenbacher, Holle, Hauck A BILL for an Act to amend and reenact subsection 3 of section 23-09.5-02 of the North Dakota Century Code, relating to cottagedeclare foodan transactions.emergency.
PageSECTION No.2.
1EMERGENCY. 25.1349.02000
This Act is declared to be an emergency measure.
S.
B.
NO.
2386 - PAGE 2 ____________________________ ____________________________ President of the Senate Speaker of the House ____________________________ ____________________________ Secretary of the Senate Chief Clerk of the House This certifies that the within bill originated in the Senate of the Sixty-ninth Legislative Assembly of North Dakota and is known on the records of that body as Senate Bill No.
2386 and that two-thirds of the members-elect of the Senate voted in favor of said law.
Vote:
Yeas 45 Nays 2 Absent 0 ____________________________ ____________________________ President of the Senate Secretary of the Senate This certifies that two-thirds of the members-elect of the House of Representatives voted in favor of said law.
Vote:
Yeas 90 Nays 1 Absent 3 ____________________________ ____________________________ Speaker of the House Chief Clerk of the House Received by the Governor at ________M.
on _____________________________________, 2025.
Approved at ________M.
on __________________________________________________, 2025.
____________________________ Governor Filed in this office this ___________day of _______________________________________, 2025, at ________ o’clock ________M.
____________________________ Secretary of State
View plain text versions (6)
- Enrolled Enrollment Current pdf
- Engrossed FIRST ENGROSSMENT pdf
- Adopted by the House Agriculture Committee View text pdf
- Adopted by the Senate Agriculture and Veterans Affairs Committee View text pdf
- Amended FIRST ENGROSSMENT with House Amendments pdf
- Introduced View text pdf
Action History
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Filed with Secretary Of State 03/20
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Signed by Governor 03/20
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Sent to Governor
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Signed by President
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Signed by Speaker
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Second reading, passed, yeas 45 nays 2, Emergency clause carried
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Concurred
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Returned to Senate (12)
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Emergency clause carried
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Second reading, passed as amended, yeas 90 nays 1
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Amendment adopted, placed on calendar
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Reported back amended, do pass, amendment placed on calendar 14 0 0
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Committee Hearing 03:00
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Introduced, first reading, referred Agriculture Committee
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Received from Senate
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Second reading, passed, yeas 44 nays 2
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Amendment adopted, placed on calendar
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Reported back amended, do pass, amendment placed on calendar 6 0 0
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Committee Hearing 10:45
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Introduced, first reading, referred Agriculture and Veterans Affairs Committee
Sponsors
- Justin Gerhardt · Cosponsor
- Kristin Roers · Cosponsor
- Desiree van Oosting · Primary
- Dori Rep. Hauck · Cosponsor
- Dawson Rep. Holle · Cosponsor
- Mike Rep. Motschenbacher · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 5 co-sponsors · 142 not signed on · 3 voted No
Sponsors (1)
- van Oosting, Desiree Republican
Co-sponsors (5)
- Gerhardt, Justin Republican
- Roers, Kristin Republican
- Rep. Hauck, Dori
- Rep. Holle, Dawson
- Rep. Motschenbacher, Mike
Not signed on (142)
142 members have not signed on to this bill.
Show all 142 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 40 | 1 | 0 | 0 |
| Democratic | 4 | 1 | 0 | 0 |
| Unaffiliated | 1 | 0 | 0 | 0 |
| Total | 45 | 2 | 0 | 0 |
| % of votes cast | 96% | 4% | 0% | 0% |
How each member voted (47)
| Member | Party | Vote |
|---|---|---|
| van Oosting | — | Yea |
| Boschee, Josh | Democratic | Yea |
| Braunberger, Ryan | Democratic | Yea |
| Hogan, Kathy | Democratic | Nay |
| Marcellais, Richard | Democratic | Yea |
| Mathern, Tim | Democratic | Yea |
| Axtman, Michelle | Republican | Yea |
| Barta, Jeff | Republican | Yea |
| Beard, Todd | Republican | Yea |
| Bekkedahl, Brad | Republican | Yea |
| Boehm, Keith | Republican | Yea |
| Burckhard, Randy A. | Republican | Yea |
| Castaneda, Jose L. | Republican | Yea |
| Cleary, Sean | Republican | Yea |
| Clemens, David A. | Republican | Yea |
| Conley, Cole | Republican | Yea |
| Cory, Claire | Republican | Yea |
| Davison, Kyle | Republican | Yea |
| Dever, Dick | Republican | Yea |
| Dwyer, Michael | Republican | Yea |
| Enget, Mark | Republican | Yea |
| Erbele, Robert | Republican | Yea |
| Gerhardt, Justin | Republican | Yea |
| Hogue, David | Republican | Yea |
| Kessel, Greg | Republican | Yea |
| Klein, Jerry | Republican | Yea |
| Larson, Diane | Republican | Yea |
| Lee, Judy | Republican | Nay |
| Lemm, Randy D. | Republican | Yea |
| Luick, Larry | Republican | Yea |
| Magrum, Jeffery J. | Republican | Yea |
| Meyer, Scott | Republican | Yea |
| Myrdal, Janne | Republican | Yea |
| Patten, Dale | Republican | Yea |
| Paulson, Bob | Republican | Yea |
| Powers, Michelle | Republican | Yea |
| Roers, Kristin | Republican | Yea |
| Rummel, Dean | Republican | Yea |
| Schaible, Donald | Republican | Yea |
| Sickler, Jonathan | Republican | Yea |
| Sorvaag, Ronald | Republican | Yea |
| Thomas, Paul J. | Republican | Yea |
| Walen, Chuck | Republican | Yea |
| Wanzek, Terry M. | Republican | Yea |
| Weber, Mark F. | Republican | Yea |
| Weston, Kent | Republican | Yea |
| Wobbema, Mike | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 80 | 1 | 0 | 1 |
| Democratic | 9 | 0 | 0 | 2 |
| Unaffiliated | 1 | 0 | 0 | 0 |
| Total | 90 | 1 | 0 | 3 |
| % of votes cast | 96% | 1% | 0% | 3% |
How each member voted (94)
| Member | Party | Vote |
|---|---|---|
| Olson | — | Yea |
| Brown, Collette | Democratic | Not Voting |
| Conmy, Liz | Democratic | Yea |
| Davis, Jayme | Democratic | Not Voting |
| Dobervich, Gretchen | Democratic | Yea |
| Finley-DeVille, Lisa | Democratic | Yea |
| Foss, Austin | Democratic | Yea |
| Hager, LaurieBeth | Democratic | Yea |
| Hanson, Karla Rose | Democratic | Yea |
| Ista, Zachary | Democratic | Yea |
| Mitskog, Alisa | Democratic | Yea |
| Schneider, Mary | Democratic | Yea |
| Anderson, Bert | Republican | Yea |
| Anderson, Dick | Republican | Yea |
| Anderson, Karen A. | Republican | Yea |
| Bahl, Landon | Republican | Yea |
| Beltz, Mike | Republican | Yea |
| Berg, Mike | Republican | Yea |
| Bolinske, Macy | Republican | Yea |
| Bosch, Glenn | Republican | Yea |
| Brandenburg, Mike | Republican | Yea |
| Brown, TJ | Republican | Yea |
| Christianson, Nels | Republican | Yea |
| Dockter, Jason | Republican | Yea |
| Dressler, Ty | Republican | Yea |
| Fegley, Clayton | Republican | Yea |
| Fisher, Jay | Republican | Yea |
| Frelich, Kathy | Republican | Yea |
| Grindberg, Karen | Republican | Yea |
| Grueneich, Jim | Republican | Yea |
| Hagert, Jared C. | Republican | Yea |
| Hatlestad, Patrick R. | Republican | Yea |
| Hauck, Dori | Republican | Yea |
| Headland, Craig | Republican | Yea |
| Heilman, Matthew | Republican | Yea |
| Heinert, Pat D. | Republican | Yea |
| Henderson, Donna | Republican | Yea |
| Hendrix, Jared | Republican | Yea |
| Holle, Dawson | Republican | Yea |
| Hoverson, Jeff | Republican | Yea |
| Johnson, Jorin | Republican | Yea |
| Johnston, Daniel | Republican | Yea |
| Jonas, Jim | Republican | Yea |
| Karls, Karen | Republican | Yea |
| Kasper, Jim | Republican | Yea |
| Kempenich, Keith | Republican | Yea |
| Kiefert, Dwight | Republican | Yea |
| Klemin, Lawrence R. | Republican | Yea |
| Koppelman, Ben | Republican | Yea |
| Lefor, Mike | Republican | Yea |
| Longmuir, Donald W. | Republican | Yea |
| Louser, Scott | Republican | Yea |
| Maki, Roger A. | Republican | Yea |
| Marschall, Andrew | Republican | Yea |
| Martinson, Bob | Republican | Yea |
| McLeod, Carrie | Republican | Yea |
| Meier, Lisa | Republican | Yea |
| Monson, David | Republican | Yea |
| Morton, Desiree | Republican | Yea |
| Motschenbacher, Mike | Republican | Yea |
| Murphy, Eric J. | Republican | Yea |
| Nathe, Mike | Republican | Yea |
| Nehring, Dennis | Republican | Yea |
| Nelson, Jon O. | Republican | Yea |
| Novak, Anna S. | Republican | Yea |
| O'Brien, Emily | Republican | Yea |
| Olson, Jeremy | Republican | Yea |
| Osowski, Doug | Republican | Yea |
| Ostlie, Mitch | Republican | Yea |
| Porter, Todd | Republican | Not Voting |
| Pyle, Brandy L. | Republican | Yea |
| Richter, David | Republican | Yea |
| Rios, Nico | Republican | Yea |
| Rohr, Karen M. | Republican | Yea |
| Ruby, Dan | Republican | Yea |
| Ruby, Matthew | Republican | Yea |
| Sanford, Mark | Republican | Yea |
| Satrom, Bernie | Republican | Nay |
| Schatz, Mike | Republican | Yea |
| Schauer, Austen | Republican | Yea |
| Schreiber-Beck, Cynthia | Republican | Yea |
| Steiner, Vicky | Republican | Yea |
| Stemen, Gregory | Republican | Yea |
| Swiontek, Steve | Republican | Yea |
| Toman, Nathan | Republican | Yea |
| Tveit, Bill | Republican | Yea |
| VanWinkle, Lori | Republican | Yea |
| Vetter, Steve | Republican | Yea |
| Vigesaa, Don | Republican | Yea |
| Vollmer, Daniel R. | Republican | Yea |
| Wagner, Scott | Republican | Yea |
| Warrey, Jonathan | Republican | Yea |
| Weisz, Robin | Republican | Yea |
| Wolff, Christina | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 39 | 1 | 0 | 1 |
| Democratic | 4 | 1 | 0 | 0 |
| Unaffiliated | 1 | 0 | 0 | 0 |
| Total | 44 | 2 | 0 | 1 |
| % of votes cast | 94% | 4% | 0% | 2% |
How each member voted (47)
| Member | Party | Vote |
|---|---|---|
| van Oosting | — | Yea |
| Boschee, Josh | Democratic | Yea |
| Braunberger, Ryan | Democratic | Yea |
| Hogan, Kathy | Democratic | Nay |
| Marcellais, Richard | Democratic | Yea |
| Mathern, Tim | Democratic | Yea |
| Axtman, Michelle | Republican | Yea |
| Barta, Jeff | Republican | Yea |
| Beard, Todd | Republican | Yea |
| Bekkedahl, Brad | Republican | Yea |
| Boehm, Keith | Republican | Yea |
| Burckhard, Randy A. | Republican | Yea |
| Castaneda, Jose L. | Republican | Yea |
| Cleary, Sean | Republican | Yea |
| Clemens, David A. | Republican | Yea |
| Conley, Cole | Republican | Yea |
| Cory, Claire | Republican | Yea |
| Davison, Kyle | Republican | Yea |
| Dever, Dick | Republican | Yea |
| Dwyer, Michael | Republican | Yea |
| Enget, Mark | Republican | Yea |
| Erbele, Robert | Republican | Yea |
| Gerhardt, Justin | Republican | Yea |
| Hogue, David | Republican | Yea |
| Kessel, Greg | Republican | Yea |
| Klein, Jerry | Republican | Yea |
| Larson, Diane | Republican | Yea |
| Lee, Judy | Republican | Nay |
| Lemm, Randy D. | Republican | Yea |
| Luick, Larry | Republican | Yea |
| Magrum, Jeffery J. | Republican | Yea |
| Meyer, Scott | Republican | Yea |
| Myrdal, Janne | Republican | Not Voting |
| Patten, Dale | Republican | Yea |
| Paulson, Bob | Republican | Yea |
| Powers, Michelle | Republican | Yea |
| Roers, Kristin | Republican | Yea |
| Rummel, Dean | Republican | Yea |
| Schaible, Donald | Republican | Yea |
| Sickler, Jonathan | Republican | Yea |
| Sorvaag, Ronald | Republican | Yea |
| Thomas, Paul J. | Republican | Yea |
| Walen, Chuck | Republican | Yea |
| Wanzek, Terry M. | Republican | Yea |
| Weber, Mark F. | Republican | Yea |
| Weston, Kent | Republican | Yea |
| Wobbema, Mike | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 2386 do?
- AN ACT to amend and reenact subsection 3 of section 23-09.5-02 of the North Dakota Century Code, relating to cottage food transactions; and to declare an emergency.
- Who sponsors SB 2386?
- SB 2386 is sponsored by Gerhardt, Justin (Republican), Roers, Kristin (Republican), van Oosting, Desiree (Republican), Rep. Hauck, Dori, Rep. Holle, Dawson, and Rep. Motschenbacher, Mike.
- What is the current status of SB 2386?
- This bill has been enacted into law. Introduced January 27, 2025. Enacted.
- Where can I track SB 2386?
- Track SB 2386 free on One Click Politics — get push/email alerts when it moves.
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