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 most canned goods. Each product must be tested before it 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

Allowed Venues

Events Farmers markets Online Roadside stands

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.

Allowed Foods

This guide has information about which dried products are allowed.

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

There is no sales limit

Business

Product testing

While there is no registration process, each product must be tested by a processing authority before they can be sold. This means that the products can be tested in a lab for a fee, or the home processor can take a training course, which might be practical for the production of jams and jellies. The requirements guide and FAQs page have more information about testing foods.

Labeling

Label Requirements

Business address Business name Date produced Ingredients Product name Statement

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 4/2/2020

A sign or placard at the point of sale is NOT an acceptable replacement for individual product labels. Each product must be properly labeled.