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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?

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Allowed Foods What food products can you sell from home?

Prohibited Foods

If you take a food safety training course every 5 years, you can sell:

  1. Home canned goods
  2. Fermented foods
  3. Perishable baked goods (like cheesecake)
  4. Perishable sauces (like pesto)
  5. 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?

Limitations
There is no sales limit

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?

Food Safety Training

If you take a food safety training course every 5 years, you can sell:

  1. Home canned goods
  2. Fermented foods
  3. Perishable baked goods (like cheesecake)
  4. Perishable sauces (like pesto)
  5. Frozen produce

You must keep items 2 – 4 above refrigerated, and you must keep item 5 frozen.

Product testing

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?

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


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 9/30/2022


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.

Resources Where can you find more information about this law?

Department
Department of Health
Law Dates
March 2010
HB 1222
March 2011
HB 1240
July 2020
HB 1125
July 2022
HB 1322

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