Overview
North Dakota regulates vending machines through business registration, sales tax compliance, and local health permits for food vending operations. The state has relatively minimal vending-specific regulations but requires standard business licensing and tax compliance.
Local governments may impose additional requirements. Oil boom areas may have unique local regulations due to rapid development.
Business Registration
Business registration is required for vending operators in North Dakota.
Registration Agency
North Dakota Secretary of State →
Registration Types
- LLC Formation ($135 filing fee)
- Corporation Formation ($100 filing fee)
- Partnership Registration ($30 filing fee)
- Foreign Entity Registration ($150 filing fee)
- Trade Name Registration ($25 filing fee)
Business entities must maintain a registered agent and office in North Dakota. Annual reports required for corporations and LLCs.
Sales Tax
Tax Application
- General sales tax applies to vending: Yes
- Food tax variation: Same as general
- Local rates possible: Yes
- Resale certificate required: Yes
- Filing frequency: monthly for most businesses
Vending operators must collect 5% state sales tax plus local sales tax up to 3%. Sales tax permit required. Economic nexus rules apply.
Registration
Forms: SFN 10008 (Sales Tax Permit Application), Certificate of Resale
Vending Operator License
Vending operator license is not required in North Dakota.
Machine Registration
Machine registration is not required in North Dakota.
Health Permit & Food Code
Health permits are required for:
- Machines dispensing potentially hazardous foods (TCS)
- Micro markets
- Fresh food vending
Agency: North Dakota Department of Health
Food Code: 2017 FDA Model Food Code
Inspections: At least annually
Micro Markets
Micro markets are recognized in state code.
Permit required: Yes
Specific Requirements
- Food establishment permit required
- Food protection manager certification
- TCS foods require temperature control
- Adequate supervision or monitoring
Product Restrictions
Restricted Products
- Alcohol: Prohibited in vending machines. North Dakota requires licensed establishments for alcohol sales with trained staff.
- Tobacco: Prohibited in accessible vending machines except in adult-only establishments. Age 21+ requirement. Employee-assisted sales required.
- CBD/Hemp: Hemp products must comply with North Dakota Department of Agriculture hemp regulations. THC content must not exceed 0.3%.
- Age Verification: Strict age verification required for restricted products. ID required for anyone appearing under 30.
Placement Rules
Schools
Federal Smart Snacks nutrition standards apply. North Dakota Department of Public Instruction administers school nutrition programs.
Public Buildings
Must comply with state procurement regulations. Vendor registration may be required for government contracts.
Private Property
Property owner permission required. Subject to local zoning and ADA accessibility requirements.
ADA & Accessibility
Must comply with ADA requirements including accessible routes and operable controls.
Electrical & Fire Code
Must comply with North Dakota Building Code and local fire codes.
Local Permits
North Dakota has home rule, meaning local jurisdictions can impose additional requirements.
Typical Local Requirements
- City business license
- Local health permits for food vending
- Building permits for installations
Example Localities
Fargo
Business license required. Health permits for food vending through Cass County Health Department. Building permits for installations.
Bismarck
Business license required. Health permits for food vending. Zoning compliance required for placement.
Penalties & Enforcement
Common Violations
- Operating without sales tax permit
- Sales tax non-compliance
- Food safety violations
- Operating without health permits
Penalties
- Sales tax penalties: 5% of tax due per month
- Food safety violations: permit suspension
- Business license violations: fines up to $500
Key Contacts
North Dakota Office of State Tax Commissioner
Phone: (701) 328-1246
North Dakota Department of Health
Phone: (701) 328-2372
North Dakota Secretary of State
Phone: (701) 328-4284
Frequently Asked Questions
Do I need individual permits for each vending machine in North Dakota?
No, North Dakota does not require individual machine registration. You need business registration, sales tax permits, and health permits for food vending, but not per-machine permits.
What sales tax rate applies to vending machines?
North Dakota charges 5% state sales tax plus local taxes up to 3%. You need a sales tax permit and must collect tax on all taxable sales.
Are health permits required for food vending machines?
Yes, machines dispensing potentially hazardous foods and micro markets require food establishment permits. Food protection manager certification is required, and permits cost around $150.
Can I sell tobacco products through vending machines?
Tobacco vending machines are prohibited except in adult-only establishments. Age 21+ requirement applies, and employee-assisted sales are required.
Do local governments require additional permits?
Yes, cities like Fargo and Bismarck require business licenses and health permits for food vending. Check with local authorities for specific requirements.
What are the penalties for non-compliance?
Penalties include 5% per month on unpaid sales taxes, permit suspension for food safety violations, and fines up to $500 for business license violations.
Sources
- North Dakota Office of State Tax Commissioner - Sales Tax
- North Dakota Department of Health - Food Safety
- North Dakota Secretary of State - Business Services
- North Dakota DPI - Nutrition Programs
- North Dakota Alcoholic Beverage Control
- City of Fargo - Business Licenses
- City of Bismarck - Business Registration
- North Dakota Tax Penalties