South Dakota has fairly flexible laws, but processors that want to sell directly out of their home must follow different rules.
The laws, which were established in 2010, allow the processor to sell their goods in-person at markets and events. They allow most baked goods, as well as candies and many canned goods. Canned goods must be tested before they can be sold, which could get expensive for some producers with a lot of products. However, there is no limit to how much a processor can sell.
Internet sales are only allowed if the consumer picks up the product at one of the approved in-person venues, like a farmers market.
Samples may be offered as long as the processors follows the sampling requirements.
A copy of the testing approval (see registration section) must be present at each sale location.
This guide has information about which dried products are allowed.
Acidified canned goods must be tested before they can be sold.
While there is no registration process, each acidified canned food product must be tested by a processing authority before it can be sold. This means that the products must be tested in a lab for a fee. Non-perishable baked goods do not need to be tested.
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
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 5/25/2022
A sign or placard at the point of sale is NOT an acceptable replacement for individual product labels. Each product must be properly labeled.
- March 2010
- HB 1222