South Dakota cottage food law
Last updated: · Research verified · Free PDF report
Tier: Good. Solid baseline with moderate restrictions — typically a high cap (often $50K+) and standard direct-to-consumer rules. Workable for most home bakers.
How to start in South Dakota
A practical path from “am I allowed?” to first sale. Not legal advice — confirm every step with South Dakota agencies and your local offices.
Confirm your products are allowed
South Dakota allows Non-temperature-controlled foods prepared at a residence, home-processed canned goods, and baked goods prepared at a residence are all exempt from licensure. The 2022 amendment expanded allowed products beyond the prior baked-goods-only scope. Each individual involved in production of certain home-canned goods must complete a state-certified online training once every five years.. High-risk or refrigerated foods usually need a commercial kitchen — not a cottage exemption.
Choose sales channels you can actually use
Sales cap: No cap. Indirect / wholesale-style sales: Yes. Farmers markets and direct-to-consumer pickup are the usual start. Check county and city rules before advertising porch pickup.
Clear local zoning, licenses, and tax IDs
State cottage food rules are the floor. Your city or county may still require a business license, home occupation approval, HOA permission, or sales tax registration. Do this before you print an address on Instagram.
Registration, training, and kitchen rules
State registration: No. Food handler / training: Recommended. Kitchen inspection: No. Complete certificates the market or agency will ask for.
Build compliant labels
Use the South Dakota label requirements on this site (and the free template). Match disclaimer language to the statute or agency guide before you print a batch.
Soft-launch, then first paid sales
Keep a simple sales log from day one so you stay under any annual cap. Soft-launch with pre-orders before a full market day.
Verify with official sources
Re-check the state cottage food page and your local health / planning office before you invest in equipment or marketing. Rules change.
What usually goes on the package
- Product name (common or usual name of the food)
- Business or producer name
- Producer address (or address alternative your state allows)
- Ingredients in descending order by weight
- Major allergen disclosures (e.g. wheat, milk, eggs, soy, tree nuts, peanuts, fish, shellfish, sesame)
- Net weight or quantity
- Home-kitchen disclaimer required by South Dakota (exact wording may be set by statute or agency)
- No specific labeling requirements are mandated in the core cottage food statute. However, for certain home-canned goods processed under §34-18-36, labeling may be required. Standard FDA labeling recommendations apply as best practices. Sales are subject to applicable sales tax.
This is a planning checklist compiled for home bakers. It is not legal, tax, or zoning advice.
South Dakota vs neighboring cottage food laws
Tier and sales-cap snapshot for South Dakota and nearby states. Click through for full rules, labeling, and county pages.
| State | Tier | Sales cap | Guide |
|---|---|---|---|
| South DakotaYou are here | Good | None | This page |
| Iowa | Good | None | Iowa law → |
| Minnesota | Great | 78000 | Minnesota law → |
| Montana | Freedom | None | Montana law → |
| Nebraska | Good | None | Nebraska law → |
| North Dakota | Freedom | None | North Dakota law → |
Need a compliant product label for South Dakota? Open the South Dakota label mockup.
None
Non-temperature-controlled foods prepared at a residence, home-processed canned goods, and baked goods prepared at a residence are all exempt from licensure. The 2022 amendment expanded allowed products beyond the prior baked-goods-only scope. Each individual involved in production of certain home-canned goods must complete a state-certified online training once every five years.
Registration: No. Food handler cert: Recommended.
South Dakota Codified Laws, Title 34 – Public Health and Safety, Chapter 18 – Health Regulation of Lodging and Food Service Establishments and Campgrounds, Section 34-18-35 (Sale of Homemade Foods and Food Products)
Verbatim excerpt34-18-35. 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. Source: SL 2010, ch 172, §2; SL 2022, ch 106, §1. [Adjacent section:] 34-18-36. Canned goods––Requirements. No canned good may be sold unless the pH level is 4.6 or less or the water activity level is .85 or less. Except as otherwise provided in this section, a producer selling canned goods under this section shall, every five years, complete food safety training approved by the department. The training must be available online. The producer shall retain records verifying the timely completion of such training. A producer selling home-processed goods under this section may, in lieu of the requirement for food safety training, maintain verification of each recipe from a third-party processing authority. The third-party processing authority must have knowledge of the thermal processing required of food in hermetically-sealed containers and shall verify the method of processing and that the pH or water activity threshold levels are met. The processing authority shall provide verification in writing to the producer. Source: SL 2010, ch 172, §3; SL 2022, ch 106, §2.
Source: law.justia.com/codes/south-dakota/title-34/chapter-18/section-34-18-35/ →
South Dakota Cottage Food Law — Full PDF report
A comprehensive report covering the South Dakota statute, every county we've researched, and authoritative source URLs.
Download PDFSouth Dakota 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 Dakota Department of Healthhttps://doh.sd.gov/topics/food-protection/cottage-foods/
South Dakota's cottage food rules are set by SDCL §34-18-35. 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 Dakota Codified Laws, Title 34 – Public Health and Safety, Chapter 18 – Health Regulation of Lodging and Food Service Establishments and Campgrounds, Section 34-18-35 (Sale of Homemade Foods and Food Products)
- None
- No
- Recommended
- No
Allowed products and sales channels
- Non-temperature-controlled foods prepared at a residence, home-processed canned goods, and baked goods prepared at a residence are all exempt from licensure. The 2022 amendment expanded allowed products beyond the prior baked-goods-only scope.
- Each individual involved in production of certain home-canned goods must complete a state-certified online training once every five years.
- Temperature-controlled (refrigerated or hot-held) foods not covered by the statutory exemptions are not permitted without a license. The Department of Health must approve certain products under §34-18-36 and §34-18-36.1. Alcoholic beverages and meat/poultry subject to USDA inspection are generally excluded.
- The statute does not restrict sales to direct-to-consumer channels only. Items are subject to sales tax. Local governments (counties, townships, municipalities) may not pass ordinances restricting, prohibiting, or imposing licensure on homemade food item sales under SDCL §34-18-1 definitions.
Labeling
- No specific labeling requirements are mandated in the core cottage food statute. However, for certain home-canned goods processed under §34-18-36, labeling may be required. Standard FDA labeling recommendations apply as best practices. Sales are subject to applicable sales tax.
Statute excerpt
- 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. Source: SL 2010, ch 172, §2; SL 2022, ch 106, §1. [Adjacent section:] 34-18-36.
- Canned goods––Requirements. No canned good may be sold unless the pH level is 4.6 or less or the water activity level is .85 or less. Except as otherwise provided in this section, a producer selling canned goods under this section shall, every five years, complete food safety training approved by the department. The training must be available online. The producer shall retain records verifying the timely completion of such training.
- A producer selling home-processed goods under this section may, in lieu of the requirement for food safety training, maintain verification of each recipe from a third-party processing authority. The third-party processing authority must have knowledge of the thermal processing required of food in hermetically-sealed containers and shall verify the method of processing and that the pH or water activity threshold levels are met.
- The processing authority shall provide verification in writing to the producer. Source: SL 2010, ch 172, §3; SL 2022, ch 106, §2.
Official sources
- State agency cottage food page: https://doh.sd.gov/topics/food-protection/cottage-foods/
- Statute: https://sdlegislature.gov/Statutes/Codified_Laws/2050018
Summarized from official South Dakota cottage food statute research and agency guidance. Agency rules change — verify on the official site before relying on this information.
South Dakota Counties
66 counties tracked. Pick yours for the local zoning + health department links.
View all 66 counties →City zoning rules in South Dakota
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.
Download the PDFWas this page helpful?
South Dakota cottage food law — FAQ
Do I need a license or permit to sell homemade food in South Dakota?
Yes — No. Food handler certification: Recommended.
What foods can I sell under the South Dakota cottage food law?
Non-temperature-controlled foods prepared at a residence, home-processed canned goods, and baked goods prepared at a residence are all exempt from licensure. The 2022 amendment expanded allowed products beyond the prior baked-goods-only scope. Each individual involved in production of certain home-canned goods must complete a state-certified online training once every five years.
Is there a sales cap for cottage food in South Dakota?
None
How good is South Dakota's cottage food law?
South Dakota 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.
Keep exploring South Dakota
Labels, product checks, county zoning, and local discuss — so one state page becomes a full readiness plan.
Market-day tees from the Crosodo collection — for the craft, not the algorithm.
What bakers ask about South Dakota
Seed threads for markets, zoning, and labels — join the channel or ask the directory.
Farmers market process in South Dakota?
Which markets welcome cottage bakers, what they charge, and label checks on day one.
Good label printers in South Dakota?
Local print shops or home setups that handle home-kitchen disclaimers cleanly.
Zoning experience in South Dakota counties?
Home occupation, pickup traffic, signage — what did your planning office actually require?
How I got legal in South Dakota
Registration portal tips, food handler cert, and the county step nobody publishes.
South Dakota label wording that passed review
Share real labels (blur personal info) and any county extras beyond the state minimum.
You might like these too
While you're deep in South Dakota rules — vintage-varsity tees for booth days and bake nights.
Resources for cottage food and home bakers
Supplies, courses, insurance, farmers markets, kitchen rentals, and local services. To advertise here, visit crosodo.com/advertise. Browse all classifieds.
Advertise here
Packaging, labels, baking tools, bulk ingredients, and equipment for cottage food operators. Reach home bakers across the country.
crosodo.com/advertiseAdvertise here
Baking classes, cottage food business training, workshops, and food safety education. Reach home bakers across the country.
crosodo.com/advertiseAdvertise here
Product liability, home bakery, market vendor, and small food business insurance. Reach home bakers across the country.
crosodo.com/advertiseAdvertise in South Dakota
Reach home bakers in South Dakota. Supply stores, farmers markets, kitchen rentals, co-packer referrals, and bakery services are welcome.
Learn about placementsYour business here
Local cottage food listings, community kitchens, farmers market dates, and non-profit events can be submitted for review.
Submit a community listingAds are paid placements. Crosodo does not endorse listed vendors. Verify all product, service, course, insurance, and legal information independently.
Cottage food laws are amended every year. This is a starting reference, not legal advice. Verify with South Dakota Department of Health and your local health department before relying on this data.