South Dakota cottage food law
South Dakota Cottage Food Law — 211 pages and 66 counties
Full South Dakota PDF (211 pages). This page stays free.
Last updated: · Research verified · Full guide in Cottage Pro ($15 one time) (211 pages)
Full South Dakota PDF (211 pages). This page stays free.
Print South Dakota labels for your first market
Print South Dakota labels for your first market
After the law page, this is the next thing most bakers need: a print-ready mockup with the South Dakota home-kitchen disclaimer, allergen line, and net-weight fields.
This product was not produced in a commercial kitchen. It has been home-processed in a kitchen that may also process common food allergens such as tree nuts, peanuts, eggs, soy, wheat, milk, fish, and crustacean shellfish.
The Crosodo 50-State Cottage Food Label Packet (287 pages) is included in Cottage Pro — 287 pages of per-state rules, official examples, and county extras. Open the combined packet. The South Dakota mockup above stays free.
- Product name, producer, and address (or allowed alternative)
- Ingredients by weight and major allergens
- Net weight / quantity
- South Dakota home-kitchen / “not inspected” disclaimer
Not legal advice. Verify wording with the state agency before a production print run.
What does the official South Dakota state handout say?
South 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.
Cottage Pro — $15 one time
This page is the free South Dakota statute. Cottage Pro is the apply checklist and workspace.
Pick your South Dakota county
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 PDFFree email alerts
South Dakota Cottage Food Updates
New bills, rule changes and local news for home bakers in South Dakota. Every story links to its source.
What does the Good tier mean for South Dakota?
Tier: Good. Solid baseline with moderate restrictions — typically a high cap (often $50K+) and standard direct-to-consumer rules. Workable for most home bakers.
South Dakota cottage food law — quick summary
How do I start a cottage food business in South Dakota?
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: “This product was not produced in a commercial kitchen. It has been home-processed in a kitchen that may also process common food allergens such as tree nuts, peanuts, eggs, soy, wheat, milk, fish, and crustacean shellfish.”
This is a planning checklist compiled for home bakers. It is not legal, tax, or zoning advice.
What are the South Dakota sales cap, allowed products and registration rules?
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.
What does the South Dakota cottage food statute say?
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/ →
How does South Dakota compare with neighboring states?
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 (free), or the Cottage Pro — 287-page label packet included.
Notes on South Dakota cottage food rules
Where can I verify South Dakota's rules?
South Dakota special guides
Which South Dakota counties are covered?
South Dakota Counties
66 counties tracked. Pick yours for the local zoning + health department links.
View all 66 counties →What are the city zoning rules in South Dakota?
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.
Was this page helpful?
South Dakota cottage food law — FAQ
Do I need a license or permit to sell homemade food in South Dakota?
No registration required. Food handler cert: 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
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 do bakers ask about South Dakota?
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.
Crosodo tees for South Dakota bakers
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While you're deep in South Dakota rules — vintage-varsity tees for booth days and bake nights.
Can I list my bakes in the Crosodo classifieds?
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.
Ads are paid placements. Crosodo does not endorse listed vendors. Verify all product, service, course, insurance, and legal information independently.
Is this South Dakota page legal advice?
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.
Official filing: South Dakota Department of Health →
How does the Crosodo ladder work here? State vs county rules and pets
Crosodo ladder · not a license · How the ladder works
- 0Bake for friends
Give it away: gifts, potlucks, the office tray.
South Dakota
$0
Taking money? → Step 1
- 1Sell from home
Sell shelf-stable bakes straight to the person who eats them.
South Dakota
Want store shelves? → Step 2
- 2Sell to stores
Sell to shops, cafés and resellers from an inspected kitchen.
South Dakota
- Selling to stores: check with South Dakota Department of Health
Want a storefront? → Step 3
- 3Commercial bakery
Bake in a commercial kitchen. Sell from your own shop.
South Dakota
- Commercial kitchen permit: check with South Dakota Department of Health
Renew permits every year
- Pets: do I need a door?
South Dakota · Step 1
Not verified yet
Check with South Dakota Department of Health.
South Dakota · Step 2 (home)
Not verified yet
Check with South Dakota Department of Health.
Pick your county for local rules → Crosodo is a research guide, not a government agency. Not legal advice.