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Cottage food laws · SD
Selling homemade food in South Dakota
South Dakota's Food Freedom law needs no license, inspection, or fee, and there's no cap on how much you can sell. You can even sell home-cooked meals, not just shelf-stable goods - just remember every sale has to go straight from you to the end customer, in person, never through a store.
Program
South Dakota Food Freedom Law
Registration
No license, registration, or inspection required
Annual sales cap
No statewide cap
Online sales
Allowed (see notes)
You can sell
- Baked goods
- Jams, jellies, preserves
- Candy
- Dried herbs & mixes
- Home-cooked meals sold direct to the consumer
You can't sell
- Sales through restaurants, grocery stores, or other third-party retailers
Where you can sell
- Direct to consumer at home
- Farmers markets
- Roadside stands
- Online with in-person delivery/pickup
Selling online
Online sales are allowed, but delivery must happen in person - no mail or common-carrier shipping
What your labels must include
- Producer name & address
- "This product is homemade and exempt from state licensing and inspection" statement
- Ingredient list
- Allergen disclosure
- Net weight