- Home occupation permit required:
- No
- Details:
- No state-level permit or registration required for cottage food production under SDCL §34-18-35. State law preempts county/municipal restrictions. Clark County has no identified separate home occupation permit requirement for cottage food operations compliant with state law. A general business license from Clark or Clark County may be required for any commercial activity, but is not specific to cottage food.
- Home kitchen:
- South Dakota cottage food law (SDCL §34-18-35, expanded by SL 2022 ch 106) exempts non-temperature-controlled foods, home-processed baked goods, and canned goods produced at a private residence from licensure. No sales cap. Indirect sales are allowed (farmers markets, online, retail). Sellers of certain home-processed canned goods must complete a state-certified online training (DOH) once every five years. State law preempts any county or municipal ordinance that would restrict these homemade food sales, so Clark County may not impose additional cottage food restrictions beyond state law.
Last verified 2026-05-06. Not legal advice.
