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South Carolina Can you legally sell food from home in South Carolina?

Cottage Food Law

South Carolina created a cottage food law in 2012, which was amended in 2018 to remove some limitations.

This law for “home-based food production operations” allows an operator to sell nonperishable “candy and baked goods” directly to consumers at most sales venues, like farmers markets, events, and from home. There is no sales limit, but indirect sales, such as those at retail stores, are not allowed.

Selling Where can you sell homemade food products?

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Allowed Foods What food products can you sell from home?

Only “candy and baked goods that are not potentially hazardous foods” are allowed. Moist breads like zucchini, pumpkin, and banana bread may not be allowed. Candy-coated nuts, dried fruits, and caramel corn are all considered “candy”. Here’s some more detailed info about allowed foods.

You can sell under 400 gallons of honey directly to the consumer by applying for an exemption.

Only "non-potentially hazardous" foods are allowed, but certain non-PHFs may not be allowed. Most foods that don't need to be refrigerated (foods without meat, cheese, etc.) are considered non-potentially hazardous. Learn more

Limitations How will your home food business be restricted?

There is no sales limit

Business What do you need to do to sell food from home?

State business license

While there is no license specific to the cottage food laws, each operation must be licensed as a business by the state for tax purposes, which costs $50. The code for this license is 445291. Operators must file taxes every month (even if they make no sales).

Labeling How do you label cottage food products?

Sample Label

Chocolate Chip Cookies

"NOT FOR RESALE – PROCESSED AND PREPARED BY A HOME-BASED FOOD PRODUCTION OPERATION THAT IS NOT SUBJECT TO SOUTH CAROLINA'S FOOD SAFETY REGULATIONS"


Forrager Cookie Company

123 Chewy Way, Cookietown, SC 73531


Ingredients: enriched flour (wheat flour, malted barley flour, niacin, iron, thiamin mononitrate, riboflavin, folic acid), butter (cream, salt), semi-sweet chocolate (sugar, chocolate, cocoa butter, milkfat, soy lecithin, natural flavors), brown sugar, granulated sugar, eggs, vanilla extract (vanilla bean extract, alcohol, sugar), baking soda, salt (salt, calcium silicate)


Contains: milk, eggs, wheat, soy


NET WT 2 lb 4 oz (1.02 kg)


Workplace Are there any home kitchen requirements?

Ingredients for the business must be kept separate from those for personal use.

Resources Where can you find more information about this law?

Department
Health and Environmental Control
Contacts

Food Protection Division

Department
Department of Health and Environmental Control
Law Dates
June 2012
H 4689
May 2018
H 5063

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Starting a cottage food business?

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How To Start A Cottage Food Business

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