Cottage food laws in Union County, SD
How to start in Union County
Permit, label, and local steps for selling under South Dakota cottage food rules in Union County. Not legal advice.
Confirm your menu under state law
South Dakota cottage food rules control what you may make at home (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.). Union County cannot expand a food the state bans.
Map channels and local sales rules
State sales cap: No cap. On-site / porch pickup in Union County: Yes. Prefer markets or off-site pickup if residential customer traffic is restricted.
Local permits, tax, and home occupation
Home occupation permit: Varies. Many places still need a general business license or tax certificate even when the state has no cottage food “permit.” Check planning, the clerk, and any HOA or lease before advertising your address.
Training, registration, inspection
State registration: No. Local inspection in Union County: No. Finish food handler training early — markets often ask for a copy.
Labels that match the state
Print labels with South Dakota disclaimer and allergen rules before market day. Use the free South Dakota label page for the one-pager checklist and mockup.
Insurance and first sales
Farmers markets often require a certificate of insurance. Soft-launch with pre-orders, keep a sales log, and re-verify rules if you change products or venues.
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.
Planning checklist only. Confirm with state and local agencies before you sell.
Union County is a county in South Dakota (pop. 16,700). Under South Dakota's Good-tier cottage food law (sales cap: None), home bakers must still clear local zoning and health rules in this county. Registration path: No. Start with South Dakota Department of Health (state cottage food page linked below), then confirm Union County health and planning requirements. Local notes for Union County: home kitchen allowed; inspection not required; home occupation permit not required. No county-specific cottage food ordinance found for Union County, SD. Applied South Dakota state baseline (SDCL §34-18-35). Union County is in southeastern SD (seat: Elk Point) near the Iowa/Nebraska border; slightly more populated than other SD rural counties but no county-specific cottage food rules identified. State law preempts local restrictions on homemade food sales. Download the free PDF reports below for a portable summary, and always re-check official sources before you sell.
Union County cottage food reports
Zoning, permits, health department rules, and local sources for Union County.
Download county PDF
Full statute, all counties in South Dakota, and official source links.
Download state PDFTier: Good
South Dakota has a Good-tier cottage food law — solid baseline with moderate restrictions, typically a high sales cap (often $50K+) and standard direct-to-consumer rules. Workable for most home bakers with reasonable scale plans.
South Dakota cottage food law →Health department
Many states delegate cottage food registration and inspection to the county health department. Contact theirs for the local process.
Home occupation rules
The county or city zoning code governs whether you can run a home-based food business — customer visits, signage, employees, floor area.
Home kitchen, inspection, and zoning rules for Union County
State baseline: SDCL §34-18-35
- Home kitchen allowed
- Yes
- Restrictions
- South Dakota SDCL §34-18-35 exempts homemade foods prepared at a residence from licensure. The 2022 amendment (SL 2022, ch 106) expanded beyond prior baked-goods-only scope. Individuals selling certain home-processed canned goods must complete a state-certified online training once every five years. No sales cap. County/municipal ordinances restricting homemade food sales are preempted by state law.
- Separate dedicated kitchen
- No
- Pet restrictions
- No specific pet restriction in state cottage food law; standard food hygiene practices apply.
- Water supply
- No specific state cottage food water supply requirement.
- Handwashing
- No specific state cottage food handwashing mandate; standard hygiene practices recommended.
- Food storage
- No specific state cottage food storage requirement; non-temperature-controlled foods must be stored appropriately.
- Inspection required
- No
- Inspection trigger
- No routine or complaint-triggered inspection authority specified for cottage food operations under state law.
- Home occupation permit
- Varies
- Permit details
- Union County is in southeastern SD near Sioux City metro area and has somewhat more suburban character. No county-specific home occupation permit requirement for cottage food identified. Operators should verify with Union County offices in Elk Point.
- Local business license
- Varies
- On-site customer pickup
- Yes
- On-site signage
- Conditional
- Delivery / pickup
- Direct and indirect sales permitted. Online, in-person, delivery, farmers markets, and retail stores all allowed under SDCL §34-18-35.
- Max employees in home
- Not specified in state law.
- Relevant code section
- No county-specific cottage food ordinance identified for Union County.
No county-specific cottage food ordinance found for Union County, SD. Applied South Dakota state baseline (SDCL §34-18-35). Union County is in southeastern SD (seat: Elk Point) near the Iowa/Nebraska border; slightly more populated than other SD rural counties but no county-specific cottage food rules identified. State law preempts local restrictions on homemade food sales.
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)
Full South Dakota state report (with PDF download) →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/ →
Union County cottage food — FAQ
Do I need a permit to sell cottage food in Union County, South Dakota?
Home occupation permit: Varies. Union County is in southeastern SD near Sioux City metro area and has somewhat more suburban character. No county-specific home occupation permit requirement for cottage food identified. Operators should verify with Union County offices in Elk Point. State cottage food registration may also apply — check the South Dakota guide at https://crosodo.com/states/south-dakota.
Is a health inspection required for home bakers in Union County?
Inspection: No. Trigger: No routine or complaint-triggered inspection authority specified for cottage food operations under state law.. Non-TCS baked goods are often exempt from kitchen inspection under state cottage food law, but local rules can differ.
What foods can I sell under South Dakota cottage food law in Union County?
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. County zoning does not expand the state product list — if a food is banned by South Dakota, it stays banned. Verify with the state agency before selling.
What is the sales cap for cottage food in South Dakota?
South Dakota state law lists cottage food sales at None. There is typically no separate county sales cap, but local permits or zoning can still limit operations.
Do I need a home occupation permit in Union County?
Home occupation permit: Varies. Union County is in southeastern SD near Sioux City metro area and has somewhat more suburban character. No county-specific home occupation permit requirement for cottage food identified. Operators should verify with Union County offices in Elk Point.
Where to verify Union County rules
Union County vs. bordering counties
| Regulation | Union County This county | Clay County | Lincoln County |
|---|---|---|---|
| Home kitchen allowed | Yes | Yes | Yes |
| Separate dedicated kitchen | No | No | No |
| Pets allowed | No specific pet restriction in state cottage food law; standard food hygiene practices apply. | No specific pet restriction in South Dakota cottage food law. | No specific state prohibition; good manufacturing practice applies |
| Inspection required | No | No | No |
| On-site customer pickup | Yes | Yes | Yes |
| On-site signage | Conditional | Conditional | Conditional |
| Delivery / pickup | Direct and indirect sales permitted. Online, in-person, delivery, farmers markets, and retail stores all allowed under SDCL §34-18-35. | Direct and indirect sales both permitted. Allowed channels include home pickup, farmers markets, roadside stands, online sales, in-state sh… | Direct and indirect sales allowed; sales at home, farmers markets, fairs, roadside stands permitted. State statute preempts county/municipa… |
| Home occupation permit | Varies | No | Varies |
| Local business license | Varies | Varies | Varies |
| Restrictions | South Dakota SDCL §34-18-35 exempts homemade foods prepared at a residence from licensure. The 2022 amendment (SL 2022, ch 106) expanded be… | South Dakota cottage food law (SDCL §34-18-35, expanded by SL 2022 ch 106) exempts non-temperature-controlled foods, home-processed baked g… | Non-temperature-controlled foods prepared at a residence are exempt from licensure. Home-processed canned goods require online training eve… |
| Food storage | No specific state cottage food storage requirement; non-temperature-controlled foods must be stored appropriately. | Non-temperature-controlled (shelf-stable) foods only; refrigerated or hot-held foods require standard licensure. | Non-temperature-controlled foods; proper storage required |
| Population | 16,700 | 14,953 | 65,801 |
Compare neighboring counties
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