South Dakota Statewide Rule
South Dakota state law: cottage food / home processed food
Key Facts
- Statute
- SDCL §§ 34-18-35 through 34-18-38
- License required
- No (exempt from SDCL 34-18 licensure)
- Allowed venues
- Home, farmers market, roadside stand, events, online direct
- Sales revenue cap
- None (unlimited)
- Food safety training
- Required (every 5 years) for canned, fermented, perishable items
- Regulator
- SD Department of Agriculture and Natural Resources (DANR)
Summary
South Dakota's cottage food law is codified at SDCL §§ 34-18-35 through 34-18-38. Producers may sell nonperishable home processed foods (breads, candies, condiments, dry goods, preserves, snacks) directly to consumers without a Department of Agriculture license. Producers who complete an approved food safety course every 5 years may additionally sell home-canned goods, fermented foods, perishable baked goods, perishable sauces, and frozen produce. No sales revenue cap. Local zoning still applies.
SDCL 34-18-35 Sale of homemade foods and food products. 34-18-35 . Sale of homemade foods and food products. Except as otherwise provided in § 34-18-38 , the licensure provisions of this chapter do not apply to a person selling: (1) Non-temperature-controlled food prepared at a residence; (2) Home-processed canned goods; (3) Baked goods prepared at a residence; or (4) Any food product prepared at a residence and authorized under § 34-18-36 or 34-18-36 .1.
Full Breakdown
South Dakota's Home Processed Food law lives in SDCL Chapter 34-18 (Food Service) at sections 34-18-35 through 34-18-38, expanded by SB 88 (2022). The statute exempts qualifying home processed food sales from licensure as a food service establishment under SDCL Chapter 34-18, provided the producer complies with the labeling and venue requirements. Permitted base products: nonperishable foods including breads, candies, condiments, dry goods, preserves (jams, jellies, fruit butters), and snacks. With completion of an approved food safety training course (renewable every 5 years), producers may additionally sell: home canned goods (acid and acidified foods meeting pH standards), fermented foods (sauerkraut, kombucha, fermented pickles), perishable baked goods (cheesecake, cream-filled pastries requiring refrigeration), perishable sauces, and frozen produce.
Permitted sales venues: directly from the producer's home, at farmers markets, at roadside stands, at temporary events, and online with direct delivery to the buyer. Prohibited venues: wholesale to restaurants or retail stores, catering, and mail-order shipment of perishables. Label must include: producer's name, home address, phone number, product name, date produced, complete ingredient list, and the statutory disclosure substantially in the form 'This product was not produced in a commercial kitchen. ' South Dakota does NOT cap annual cottage-food sales revenue (contrast many other states' $20,000–$50,000 caps).
Sales tax under SDCL Chapter 10-45 still applies to taxable food sales. Local zoning under SDCL Chapter 11-4 or SDCL Chapter 11-2 still governs whether cottage-food production qualifies as a permitted home occupation in your residential zone, check your city or county code.
Violations & Penalties
Sale of non-permitted foods, failure to label, or sale through prohibited venues forfeits the SDCL 34-18-35 et seq. exemption, exposing the producer to SDCL Chapter 34-18 food service establishment licensure requirements and DANR enforcement. Misbranding or selling adulterated food is also actionable under SDCL Chapter 39-4 (Food, Drugs, Cosmetics, and Hazardous Substances).
Frequently Asked Questions
Do I need a license to sell baked goods from home in South Dakota?
Can I sell home-canned salsa or pickles in South Dakota?
Is there a sales limit on South Dakota cottage food?
Sources
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