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York County, SC Home Business: Cottage Food Operations (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing statute
S.C. Code § 44-1-143
Income exemption
Under $1,500 net earnings/year
Required label statement
"...NOT SUBJECT TO SOUTH CAROLINA'S FOOD SAFETY REGULATIONS"
Sales channels
Direct, online/mail order, or retail stores
County treatment
Exempt home occupation, § 155.672(E)
Excluded foods
Aluminum canned goods, charcuterie boards

Summary

South Carolina's home-based food production law, S.C. Code § 44-1-143, governs cottage food sales in unincorporated York County: sanitation and labeling rules, an income exemption under $1,500 a year, and sale directly to consumers or retail stores. York County's own Land Development Code exempts a compliant operation from needing a home occupation permit at all.

These county ordinances apply to unincorporated areas of York County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

SECTION 44-1-143. Requirements for home-based food production operations. (A)(1) "Home-based food production operation" means an individual, operating out of the individual's dwelling, who prepares, processes, packages, stores, and distributes nonpotentially hazardous foods for sale directly to a person, including online and by mail order, or to retail stores, including grocery stores... (D)(4) a conspicuous statement printed in all capital letters and in a color that provides a clear contrast to the background that reads: "PROCESSED AND PREPARED BY A HOME-BASED FOOD PRODUCTION OPERATION THAT IS NOT SUBJECT TO SOUTH CAROLINA'S FOOD SAFETY REGULATIONS."

(G) The provisions of this section do not apply to an operation with net earnings of less than fifteen hundred dollars annually...

(I) The provisions of this section apply in the absence of a local ordinance to the contrary.

Source: South Carolina Code of LawsView official code

Full Breakdown

Section 44-1-143 defines a "home-based food production operation" as an individual working from their dwelling who prepares, processes, packages, stores and distributes nonpotentially hazardous foods for sale directly to a person, including online and by mail order, or to retail stores including grocery stores; the definition excludes aluminum canned goods and charcuterie boards. Operators must take reasonable steps to protect food from contamination, including direct supervision of anyone besides the operator handling food, keeping pets out of the preparation area, banning domestic activities in the kitchen during production, and barring anyone with a communicable illness from handling product.

The dwelling must have an approved water supply, separate ingredient storage, a properly functioning refrigeration unit, adequate handwashing and utensil-cleaning facilities, a working toilet, no evidence of pests, and approved sewage disposal. Every package must be labeled with the operation's name and address (or a state-issued ID number in place of the address), the product name, ingredients in descending order by weight, and a required warning statement. Operations with net earnings under $1,500 a year are exempt from the section entirely. 672(E) of the Land Development Code lists home-based food production operations defined by § 44-1-143 as an exempt home occupation, meaning a compliant cottage food business needs no county home occupation permit at all.

Violations & Fines

Section 44-1-143 carries no fine of its own, but failing to meet its sanitation or labeling requirements means the product no longer qualifies as an "approved source" under SCDHEC Regulation 61-25, so partner retail stores can refuse to carry it, and an operation exceeding the requirements without complying loses the home-occupation exemption under § 155.672(E). That converts the business into a standard home occupation needing a county permit under § 155.671, with noncompliance subject to enforcement and revocation under § 155.676.

Frequently Asked Questions

What foods can I sell from a home kitchen in York County?
Nonpotentially hazardous foods you prepare, package and sell directly to consumers, online, by mail order, or to retail and grocery stores, as defined by S.C. Code § 44-1-143. Aluminum canned goods and charcuterie boards don't qualify as home-based food production.
Do I need a York County home occupation permit for a cottage food business?
No. Section 155.672(E) of the Land Development Code lists home-based food production operations defined under § 44-1-143 as exempt from the home occupation permit requirement, unlike most other home businesses.
What has to be on my product label?
Your name and address (or a state-issued ID number instead), the product name, ingredients listed by descending weight, and a conspicuous all-capitals statement that the food was processed by a home-based operation not subject to South Carolina's food safety regulations.
Is there an income limit that exempts me from the law entirely?
Yes. Section 44-1-143(G) exempts operations with net earnings under $1,500 a year from the section's requirements, even if they otherwise meet the home-based food production definition.

Sources & Official References

Other rules in York County

All York County rules

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