Minnehaha County, SD Home Business: Cottage Food Operations (2026)

Under SDCL 34-18-35, the South Dakota cottage food exemption permits a person to prepare and sell non-temperature-controlled food (baked goods, dry mixes, candies, nuts, grains) and home-processed canned goods directly from a residence without obtaining a commercial food-service license. SDCL 34-18-36 expands the exemption to fermented foods kept at or below 41 F, time/temperature-controlled baked goods (pies, cheesecake) kept at or below 41 F, and home-processed frozen fruit/produce kept at or below 0 F, but only if the producer completes Department of Health-approved food safety training (training is required every 5 years for canned goods). Canned goods are allowed only if pH is at or below 4.6 or water activity is at or below 0.85. SDCL 34-18-37 requires labeling with product name, producer name, residential production address and mailing address, phone number, date of production, ingredients, and the mandatory disclaimer: '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.' SDCL 34-18-38 restricts sales to direct-to-consumer venues (residence, farmers markets, roadside stands, temporary events); mail-order shipment is prohibited, though local pickup and direct delivery by the seller are allowed. Minnehaha County's Article 12.03 home-occupation zoning rules still apply to the production activity, so a cottage food operator must keep the activity within the 'limited and incidental sales' Minor Home Occupation framework or obtain a Major Home Occupation Conditional Use Permit.