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

Cottage Food Law

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.

Selling Where can you sell homemade food products?

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.

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Allowed Foods What food products can you sell from home?

This guide has information about which dried products are allowed.

Acidified canned goods must be tested before they can be sold.

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?

Product testing

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.

Labeling How do you label cottage food products?

Sample Label

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.

Resources Where can you find more information about this law?

Law Dates
March 2010
HB 1222

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How To Start A Cottage Food Business

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