South Dakota’s cottage food laws let you sell homemade food straight from your own kitchen without a license, a food establishment permit, or a state inspection. The framework sits in SDCL Chapter 34-18 and covers a wide range of products, from cookies and bread to canned salsa and refrigerated cheesecake. There’s no cap on how much you can earn. What the law does regulate is the type of product, where and how you sell it, what your label says, and whether you need food safety training before you start.
Foods You Can Sell With No Training
The easiest category to work in is “non-temperature-controlled food prepared at a residence.” In plain terms, that means shelf-stable items: cookies, breads, brownies, fruit pies, candy, dry mixes, granola, honey, and similar baked or dry goods.1South Dakota Legislature. South Dakota Codified Laws 34-18-35 – Sale of Homemade Foods and Food Products These don’t need refrigeration, and the state asks nothing of you beyond correct labeling.
Foods That Require Food Safety Training
Two groups of products are allowed under the cottage food exemption but only if you complete approved food safety training first.
The first is home-canned goods. Every canned product must have a pH of 4.6 or below, or a water activity level of 0.85 or below.2South Dakota Legislature. South Dakota Codified Laws 34-18-36 – Canned Goods Requirements Pickles, jams, salsas, and acidified vegetables usually meet that standard. If a recipe doesn’t hit those numbers, it can’t be sold under this law.
The second group came in through House Bill 1322 in 2022, which added § 34-18-36.1 and opened the door to several refrigerated and frozen items:3South Dakota Legislature. South Dakota Codified Laws 34-18-36.1 – Food Safety Training – Authorized Sales
- Fermented, non-heat-processed foods like sauerkraut and kimchi, held at or below 41°F.
- Kuchen, soft pies, cheesecake, cream-filled baked goods, and refrigerated sauces or pesto, all held at or below 41°F.
- Frozen fruit and produce, held at or below 0°F.
The temperature requirement is continuous. Selling cheesecake at a July farmers’ market means running coolers or refrigeration that hold 41°F throughout the sale.
What You Cannot Sell
Meat, poultry, and fish are excluded. These fall under federal USDA inspection and no state cottage food law overrides that. Raw milk and dairy products outside the categories above are also off the table. If a product needs temperature control but doesn’t fit into the fermented, refrigerated-baked-goods, sauce/pesto, or frozen-produce categories, it isn’t covered.
You also can’t sell wholesale. Cottage food producers can’t supply grocery stores, restaurants, or other retailers for resale. Reaching retail shelves requires a licensed commercial kitchen and a food service license from the South Dakota Department of Health.4South Dakota State University Extension. Regulatory Guidance for Selling Foods in South Dakota
Where and How You Can Sell
The law is direct-to-consumer only, and it requires your physical presence at the point of sale. Under § 34-18-38, you may sell at:5South Dakota Legislature. South Dakota Codified Laws 34-18-38 – Exemption From Licensure – Requirements
- Your primary residence
- A farmers’ market
- A roadside stand
- Other temporary venues like festivals or community events
You or someone living at your residence must personally hand the product to the buyer at the time of sale. You can drive to the buyer to deliver, but you cannot ship products by mail or carrier.6South Dakota State University Extension. South Dakota Cottage Home Processing Food Safety Online ordering is fine as long as delivery still happens in person, within South Dakota.
There is no annual sales cap. The law regulates what you sell and how, not how much you earn.
What Has to Go on the Label
Every cottage food product must carry a label with nine specific items. Missing any of them puts you out of compliance. Under § 34-18-37, the label must include:7South Dakota Legislature. South Dakota Codified Laws 34-18-37 – Label Requirements
- The common name of the product (for example, “Strawberry Jam”)
- Your full name as the producer
- The physical address of the kitchen where the food was made
- Your mailing address, if different
- A phone number where you can be reached
- The date the food was produced
- A complete ingredient list, arranged from largest to smallest by weight
- For products under § 34-18-36.1, the words “keep refrigerated” or “keep frozen”
- This exact 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.”
The disclaimer covers both the lack of commercial inspection and the allergen exposure warning in one required sentence.
How the Training Works
If you’re selling canned goods or any of the temperature-controlled products added in 2022, you have to complete food safety training approved by the South Dakota Department of Health before you start. It’s a self-paced online course that costs $40, and the certification is good for five years.6South Dakota State University Extension. South Dakota Cottage Home Processing Food Safety
For canned goods, there’s an alternative: you can have each recipe verified in writing by a third-party processing authority who has expertise in thermal processing of hermetically sealed containers and can confirm the recipe meets the pH or water activity thresholds.2South Dakota Legislature. South Dakota Codified Laws 34-18-36 – Canned Goods Requirements Either way, keep the records that show you’re in compliance.
If you’re only selling shelf-stable baked goods like cookies, breads, or candy, no training is required.
No License, But Sales Tax Still Applies
South Dakota does not require a license, permit, or formal registration for cottage food operations.1South Dakota Legislature. South Dakota Codified Laws 34-18-35 – Sale of Homemade Foods and Food Products There’s no application to file with the Department of Health and no approval to wait for. Meet the labeling rules, complete training where it applies, and you can start.
Cottage food sales are still subject to state sales tax. The state rate is 4.2%, and municipalities can add their own local tax.8South Dakota Department of Revenue. Sales and Use Tax The South Dakota Department of Revenue (1-800-829-9188) can tell you whether your volume and locations require a sales tax license.
One more thing worth keeping in mind: the exemption removes the licensing requirement, not your liability. If someone gets sick from something you made, you’re personally responsible. Many home producers carry product liability insurance, which typically runs a few hundred dollars a year for a small operation.
Pet Treats Are Not Covered
If you’re planning to sell homemade dog treats or other pet food alongside your cottage food products, note that pet food sits under a separate regime. Anyone making animal feed or pet treats for distribution in South Dakota must obtain a commercial feed license from the Department of Agriculture and Natural Resources. The license costs $50 per physical location and runs for two years.9South Dakota Department of Agriculture and Natural Resources. Commercial Feed Program The cottage food exemption does not reach pet products.