South Dakota Cottage Food Law
A complete guide to cottage food regulations in South Dakota (SD) — revenue limits, allowed products, labeling, and permitting requirements.
Requirements & Restrictions
Permitting & Registration
- Food Handler Certification
- Not required
- Business License
- Not required
- State Registration
- Not required
Where You Can Sell
- Seller's primary residence (direct sale)
- Farmers market
- Roadside stand
- Other temporary sale venues
Allowed Products
- Acidified Canned foods
- baked goods and foods, non temperature controlled
- certain temperature controlled baked goods and foods
- canned, high acid foods
- doughs
- jams and jellies
- pies
- produce, intact salad greens
- produce, uncut
- sauces and salad dressings
Prohibited Products
- Note: these are allowed with specific licensing, and are not fully prohibited
- alcoholic beverages
- naturally fermented canned foods
- dairy products and milk
- eggs
- fish
- honey
- juice
- meat
- nut butters
- poultry
- cut produce
- sprouts
Labeling Requirements
The following information must appear on every cottage food product label sold in South Dakota:
Required Disclaimer
This product was not produced in a commercial kitchen. It has been home-processed in a kitchen that may also process common food allergens such as tree nuts, peanuts, eggs, soy, wheat, milk, fish and crustacean shellfish.
Additional Notes
No annual revenue limit — the DOH guidance explicitly states 'There are no monetary limits on the amount of sales.' Labeling is required only if product is packaged. Label must include: (1) name of product, (2) name of producer, (3) physical address of production, (4) mailing address of producer, (5) telephone number of producer, (6) date product made or processed, (7) ingredients, (8) directive to keep refrigerated/frozen if required, (9) the allergen disclaimer. A food safety course must be completed every 5 years (or a third-party processing authority letter must be maintained) for sellers of home-canned goods, fermented foods, frozen produce, and temperature-controlled baked goods. Internet/online sales are explicitly prohibited without a state license (indirect sales require a license). Meat, poultry, jerky, fish, dairy, honey, and eggs are under other state/federal agency jurisdiction, not covered by cottage food laws. Pending law change: 2025 HB 1179 proposed amending the §34-18-37 disclaimer wording from 'not produced in a commercial kitchen' to 'produced at a residential property that is exempt from state licensing and inspection' and adding new sales format requirements; effective date not confirmed from official source — check sdlegislature.gov for final enactment status.
Frequently Asked Questions
- What is the annual revenue limit for cottage food businesses in South Dakota?
- South Dakota does not impose a stated annual revenue limit on cottage food producers.
- Do I need a food handler certification to sell cottage food in South Dakota?
- No. South Dakota does not require a food handler certification for cottage food producers.
- Is a business license required for cottage food sales in South Dakota?
- No. South Dakota does not require a business license to operate a cottage food business.
- Does South Dakota require cottage food producers to register with the state?
- No. South Dakota does not require cottage food producers to register with a state agency.
- Where can I legally sell cottage food products in South Dakota?
- In South Dakota, cottage food products may be sold at: Seller's primary residence (direct sale), Farmers market, Roadside stand, Other temporary sale venues.
- What allergen labeling standard applies to cottage food in South Dakota?
- South Dakota follows the CUSTOM for cottage food labeling.
- What products are allowed under South Dakota cottage food law?
- The following product categories are permitted for cottage food production in South Dakota: Acidified Canned foods, baked goods and foods, non temperature controlled, certain temperature controlled baked goods and foods, canned, high acid foods, doughs, jams and jellies, pies, produce, intact salad greens, produce, uncut, sauces and salad dressings.
- What products are prohibited under South Dakota cottage food law?
- The following products may not be sold under South Dakota's cottage food exemption: Note: these are allowed with specific licensing, and are not fully prohibited, alcoholic beverages, naturally fermented canned foods, dairy products and milk, eggs, fish, honey, juice, meat, nut butters, poultry, cut produce, sprouts.