Cottage food laws · SD

Selling homemade food in South Dakota

South Dakota's Food Freedom law needs no license, inspection, or fee for standard shelf-stable and baked goods, and there's no cap on how much you can sell. A 2022 expansion (HB 1322) also allows canned goods, fermented foods, some temperature-controlled baked goods, and frozen produce - but only after a one-time $40 state training course. Every sale still has to go straight from you to the end customer, in person, never through a store or by mail.

Program

South Dakota Food Freedom Law

Registration

No license, registration, or inspection required for non-temperature-controlled foods and standard baked goods; producers of canned/acidified goods, fermented foods, temperature-controlled ('TCS') baked goods, or frozen fruits/produce (categories added by 2022's HB 1322) must complete a one-time $40 SD Dept of Health online food-safety training, renewed every 5 years, or get sign-off from a process authority

Annual sales cap

No statewide cap

Online sales

Allowed (see notes)

You can sell

Non-temperature-controlled foods: nuts, grains, seeds, dry mixes
Baked goods: breads, cookies, cakes, rolls, muffins, confectionery, hard candy, lefse
With required training: canned/acidified goods, fermented foods, temperature-controlled baked goods (pies, cheesecake, cream-filled pastries), frozen fruits & produce

You can't sell

Sales through restaurants, grocery stores, or other third-party retailers (wholesale not allowed)

Where you can sell

Direct to consumer at the producer's residence
Farmers markets
Roadside stands
Temporary sale venues
Online orders with in-person delivery/pickup by the seller or a household member

Selling online

Online sales are allowed, but delivery must happen in person, by the seller or a household member - mail and common-carrier shipping (USPS, FedEx, UPS, etc.) are not allowed, and out-of-state sales are prohibited

What your labels must include

Product name
Producer name
Physical address of production and mailing address
Producer phone number
Date the product was made or processed
Ingredient list
"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" disclaimer