South Dakota Can you legally sell food from home in South Dakota?
Cottage Food Law
South Dakota first passed a cottage food law in 2010, and amended it in 2011, 2020, & 2022.
Producers can sell all types of nonperishable foods, plus some types of foods that most states don’t allow: perishable baked goods, home canned goods, pesto, frozen fruit, etc. However, those selling the latter must follow certain requirements.
There is no sales limit, but producers can only sell direct to consumers; selling products at wholesale or in stores is not allowed.
Selling Where can you sell homemade food products?
Allowed Foods What food products can you sell from home?
If you take a food safety training course every 5 years, you can sell:
- Home canned goods
- Fermented foods
- Perishable baked goods (like cheesecake)
- Perishable sauces (like pesto)
- Frozen produce
You must keep items 2 – 4 above refrigerated, and you must keep item 5 frozen.
If you want to sell home canned goods without taking the training course, you can get each of your recipes approved by a processing authority.
Limitations How will your home food business be restricted?
Only someone living at your residence may deliver products to customers on your behalf.
Business What do you need to do to sell food from home?
If you take a food safety training course every 5 years, you can sell:
- Home canned goods
- Fermented foods
- Perishable baked goods (like cheesecake)
- Perishable sauces (like pesto)
- Frozen produce
You must keep items 2 – 4 above refrigerated, and you must keep item 5 frozen.
If you want to sell home canned goods without taking the training course, you can get each of your recipes approved by a processing authority.
Labeling How do you label cottage food products?
Chocolate Chip Cookies
"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."
Forrager Cookie Company
123 Chewy Way, Cookietown, SD 73531
Phone: (123) 456-7890
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)
Produced on 6/4/2023
If your mailing address is different from the address where the product was produced, you must include both addresses on your labels.
If you sell fermented foods, perishable baked goods, or perishable sauces, those labels must say to keep the product refrigerated.
If you sell frozen produce, those labels must say to keep the product frozen.
vicky
Cindy Hawley
Comments
Mark Miklos
Which of the Dakotas now has a Food Freedom Law?