South Dakota 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-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.
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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.
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.