South Dakota state law: cottage food / home processed food

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. It has been home-processed in a kitchen that may also process common food allergens.' 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.

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).