South Carolina lets residents run a "home-based food production operation" selling nonpotentially hazardous foods without a DES/DHEC permit. Products must carry a specific disclaimer label. Richland County home-occupation and business-license rules still apply.
SC Code 44-1-143 defines a home-based food production operation as an individual, operating out of their dwelling, who prepares, packages, stores and distributes nonpotentially hazardous foods (like baked goods, jams and candies) for sale directly to consumers, including online and by mail, or to retail stores. Such operations are not retail food establishments and are not regulated by the department under Reg. 61.25. Every product must be labeled with the operation's name and address, the product name, ingredients by weight, and an all-caps disclaimer that it is not subject to SC food-safety regulations. In unincorporated Richland County the activity must also fit the LDC home-occupation limits and any county business licensing.
Selling potentially hazardous foods, or omitting the required label, removes the exemption and can subject the operation to state food-safety enforcement; zoning violations are handled under the county LDC.
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See how Richland County's cottage food operations rules stack up against other locations.
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