South Carolina Cottage Food Law
Tier: Good. Solid baseline with moderate restrictions — typically a high cap (often $50K+) and standard direct-to-consumer rules. Workable for most home bakers.
None
Non-potentially hazardous foods produced in the kitchen of a primary domestic residence are allowed, including baked goods, candy, jams, jellies, and other shelf-stable foods not requiring refrigeration. The 2022 amendment expanded allowed distribution to retail stores and grocery stores.
Registration: No. Food handler cert: No.
South Carolina Code of Laws, Title 44 – Health, Chapter 1 – Department of Public Health, Section 44-1-145 (Home-Based Food Production Operations)
Verbatim excerpt(A) As used in this section: (1) "Home-based food production operation" means a person who produces food items in the kitchen of their primary domestic residence for direct sale to consumers, including online and by mail order, or to retail stores, including grocery stores. The person must not produce foods that are potentially hazardous. Foods in item (2) with a pH value greater than 5.6 and foods in item (3) with a pH value greater than 4.6 are considered potentially hazardous unless a product assessment is conducted pursuant to the 2009 Federal Drug Administration Food Code. (D) All food items packaged at the operation for sale must be properly labeled. The label must comply with federal laws and regulations and must include: (1) the name and address of the home-based food production operation. If a home-based food production operator does not want to include his address on the label, then the department shall provide an identification number to the operator, upon the operator's request, that can be used on the label instead; (2) the name of the product being sold; (3) the ingredients used to make the product in descending order of predominance by weight; and (4) a conspicuous statement printed in all capital letters and in a color that provides a clear contrast to the background that reads: "PROCESSED AND PREPARED BY A HOME-BASED FOOD PRODUCTION OPERATION THAT IS NOT SUBJECT TO SOUTH CAROLINA'S FOOD SAFETY REGULATIONS." (E) Home-based food operations only may sell, or offer to sell, food items directly to a person, including online and by mail order, or to retail stores, including grocery stores. (F) A home-based food production operation is not a retail food establishment and is not subject to regulation by the department pursuant to Regulation 61.25. (G) The provisions of this section do not apply to an operation with net earnings of less than fifteen hundred dollars annually.
Source: scstatehouse.gov/code/t44c001.php →
South Carolina Cottage Food Law — Full PDF report
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South Carolina Cottage Food Law — Official Guidance Summary
Official agency guidance changes without notice. The text below is reproduced for reference only — always confirm current rules on the agency website before relying on it.
- South Carolina Department of Agriculturehttps://agriculture.sc.gov/programs-services/cottage-food-operations/
South Carolina's cottage food rules are set by S.C. Code §44-1-145. The summary below is drawn from Crosodo's verified statute research and official agency guidance. Always confirm current requirements on the state agency website before you sell.
Program basics
- South Carolina Code of Laws, Title 44 – Health, Chapter 1 – Department of Public Health, Section 44-1-145 (Home-Based Food Production Operations)
- None
- No
- No
- No
Allowed products and sales channels
- Non-potentially hazardous foods produced in the kitchen of a primary domestic residence are allowed, including baked goods, candy, jams, jellies, and other shelf-stable foods not requiring refrigeration. The 2022 amendment expanded allowed distribution to retail stores and grocery stores.
- Potentially hazardous foods (those requiring refrigeration for safety) are prohibited unless a product assessment is conducted pursuant to the 2009 FDA Food Code; foods with pH above 5.6 (non-acid foods) or pH above 4.6 (acidified foods) are presumed potentially hazardous.
- Since the 2022 amendment, home-based food operations may sell to retail stores and grocery stores in addition to direct-to-consumer sales including online and mail order.
- Retail stores that sell home-based food products must post clearly visible signage indicating the products are not subject to commercial food regulations.
Labeling
- Labels must include: name and address of the home-based food production operation (or department-issued ID number if operator prefers not to disclose address); name of product; ingredients in descending order of predominance by weight; and the conspicuous all-caps disclaimer 'PROCESSED AND PREPARED BY A HOME-BASED FOOD PRODUCTION OPERATION THAT IS NOT SUBJECT TO SOUTH CAROLINA'S FOOD SAFETY REGULATIONS.'
Statute excerpt
- (A) As used in this section: (1) "Home-based food production operation" means a person who produces food items in the kitchen of their primary domestic residence for direct sale to consumers, including online and by mail order, or to retail stores, including grocery stores. The person must not produce foods that are potentially hazardous.
- Foods in item (2) with a pH value greater than 5.6 and foods in item (3) with a pH value greater than 4.6 are considered potentially hazardous unless a product assessment is conducted pursuant to the 2009 Federal Drug Administration Food Code. (D) All food items packaged at the operation for sale must be properly labeled. The label must comply with federal laws and regulations and must include: (1) the name and address of the home-based food production operation.
- If a home-based food production operator does not want to include his address on the label, then the department shall provide an identification number to the operator, upon the operator's request, that can be used on the label instead; (2) the name of the product being sold; (3) the ingredients used to make the product in descending order of predominance by weight; and (4) a conspicuous statement printed in all capital letters and in a color that provides a clear contrast to the background that reads: "PROCESSED AND PREPARED BY A HOME-BASED FOOD PRODUCTION OPERATION THAT IS NOT SUBJECT TO SOUTH CAROLINA'S FOOD SAFETY REGULATIONS." (E) Home-based food operations only may sell, or offer to sell, food items directly to a person, including online and by mail order, or to retail stores, including grocery stores.
- (F) A home-based food production operation is not a retail food establishment and is not subject to regulation by the department pursuant to Regulation 61.25. (G) The provisions of this section do not apply to an operation with net earnings of less than fifteen hundred dollars annually.
Official sources
- State agency cottage food page: https://agriculture.sc.gov/programs-services/cottage-food-operations/
- Statute: https://www.scstatehouse.gov/code/t44c001.php
Summarized from official South Carolina cottage food statute research and agency guidance. Agency rules change — verify on the official site before relying on this information.
South Carolina Counties
46 counties tracked. Pick yours for the local zoning + health department links.
View all 46 counties →City zoning rules in South Carolina
City zoning rules apply on top of the state cottage food law — home occupation, customer pickup, signage, and employees.
The Cottage Baker's Field Guide (PDF)
A 6-page reference covering all 51 jurisdictions with methodology and tier explainers — same data as this directory, ready to print and tape to your wall.
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South Carolina cottage food law — FAQ
Do I need a license or permit to sell homemade food in South Carolina?
Yes — No. Food handler certification: No.
What foods can I sell under the South Carolina cottage food law?
Non-potentially hazardous foods produced in the kitchen of a primary domestic residence are allowed, including baked goods, candy, jams, jellies, and other shelf-stable foods not requiring refrigeration. The 2022 amendment expanded allowed distribution to retail stores and grocery stores.
Is there a sales cap for cottage food in South Carolina?
None
How good is South Carolina's cottage food law?
South Carolina is a Good-tier cottage food state by Crosodo's rating criteria. Solid baseline with moderate restrictions — typically a high cap (often $50K+) and standard direct-to-consumer rules. Workable for most home bakers.
Cottage food laws are amended every year. This is a starting reference, not legal advice. Verify with South Carolina Department of Agriculture and your local health department before relying on this data.