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.
The ruling by South Central District Judge Cynthia Feland invalidates the rules that went into effect nearly a year ago on so-called “cottage foods.”
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. State health officials say they are disappointed in the ruling and exploring their next steps.