York County, SC Home Business: Cottage Food Operations (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.
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.
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?
Do I need a York County home occupation permit for a cottage food business?
What has to be on my product label?
Is there an income limit that exempts me from the law entirely?
Sources & Official References
Other rules in York County
Compare York County to another location·View the South Carolina home business overview
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