- Home occupation permit required:
- Varies
- Details:
- South Dakota state statute preempts county and municipal ordinances restricting cottage food sales. Aurora County may have general home occupation zoning rules, but these cannot restrict state-authorized cottage food sales. Operators in incorporated cities should verify city zoning ordinances.
- Home kitchen:
- South Dakota allows cottage food from a residential kitchen (SDCL §34-18-35). No registration or inspection required. The 2022 amendment (SL 2022, ch 106) expanded allowed products beyond prior baked-goods-only scope to include non-temperature-controlled foods and home-processed canned goods. Individuals involved in production of certain home-canned goods must complete a state-certified online training once every five years. No annual sales cap. State statute preempts county/municipal ordinances restricting homemade food sales.
Last verified 2026-05-06. Not legal advice.
