South Carolina's home-based food production law is one of the broader rules in the Southeast. Operators need no state permit, face no sales cap and may sell nonpotentially hazardous foods online, by mail order and to retail stores that post the required signage. The South Carolina Department of Agriculture, or SCDA, has run the program since July 1, 2024. The law still bars foods that need time or temperature control for safety, so cheesecake stays off the list. This guide explains where South Carolina's law stands, what changed and, in a clearly labeled outlook, what changes may come next.
Note: This article is general information, not legal advice. Law details come from the South Carolina Code of Laws, the South Carolina General Assembly's bill and act records and SCDA guidance, all linked below. Sources were checked on Nov. 3, 2026. The "Outlook" section is Cottage Food Directory's analysis, not a sourced forecast. SCDA administers the program, and Clemson Extension answers cottage food questions for it, so confirm details with SCDA or Clemson Extension before you act on them.
South Carolina's law today
- No permit or mandatory application. A home-based food production operation is not a retail food establishment and is not subject to Regulation 61-25. An SCDA identification number for labels is optional. Sources: S.C. Code 44-1-143(F); SCDA Home-based Food Production Law Guidance (July 2025).
- No sales cap. SCDA's guidance says the state sets no limit on sales. Operations with net earnings under $1,500 a year are exempt from the law's requirements, but SCDA says they may not sell at retail locations. Sources: S.C. Code 44-1-143(G); SCDA Home-based Food Production Law Guidance (July 2025).
- Direct sales, online, mail order and retail stores. Operators may sell directly to a person, including online and by mail order, or to retail stores, including grocery stores. Retail stores that sell home-based food must post clearly visible signage saying the products are not subject to commercial food regulations. Home-based food is considered an approved source. Source: S.C. Code 44-1-143(A)(1), (E).
- Deliveries stay in South Carolina. The statute allows mail order without naming a geographic limit. SCDA's guidance says direct sales, including online and mail order, must be delivered only in South Carolina, and that products that cross state lines are subject to federal rules. Source: SCDA Home-based Food Production Law Guidance (July 2025).
- Nonpotentially hazardous foods only. The law covers foods that are not potentially hazardous. Aluminum canned goods and charcuterie boards are excluded. SCDA says foods such as cheesecake must be made in a commercial kitchen under a retail food establishment permit. Sources: S.C. Code 44-1-143(A)(1), (A)(2), (A)(4); SCDA Home-based Food Production Law Guidance (July 2025).
- Labels and an optional ID number. Labels must show the operation's name and address or an SCDA identification number, the product name, the ingredients by weight and an all-caps advisory statement that the food was processed and prepared by a home-based food production operation that is not subject to South Carolina's food safety regulations. Source: S.C. Code 44-1-143(D).
- Local ordinances can still apply. The state law applies in the absence of a local ordinance to the contrary. Source: S.C. Code 44-1-143(I).
The South Carolina cottage food law guide has the full rules, including kitchen standards and restaurant variance notes.
How South Carolina got here
- 2012: the first home-based food production law. Act 190, effective June 7, 2012, added S.C. Code 44-1-143 and expanded the older weekend home baker exemption. Sources: S.C. Code 44-1-143 history; SCDA Home-based Food Production Law Guidance (July 2025).
- 2018: an exemption removed. Act 231 (H.5063), effective May 18, 2018, deleted a subsection that had allowed a home-based food production operation to apply for an exemption from inspection and label review by SCDA. Source: S.C. Code 44-1-143, Effect of Amendment.
- 2022: Act 208 expands sales and foods. S.506 passed the General Assembly May 12, 2022, was signed May 23, 2022, and took effect the same day as Act 208. It allowed all nonpotentially hazardous foods, online and mail-order sales and sales to retail stores, added the identification number option and raised the small-operation exemption to $1,500. Sources: S.506 (2022) bill page; S.C. Code 44-1-143.
- 2024: the program moves to SCDA. 2023 Act No. 60 (S.399), signed May 19, 2023, took effect July 1, 2024. It abolished the former Department of Health and Environmental Control for these purposes, moved the food safety program to SCDA and created Title 46, Chapter 57, Food Safety. SCDA's July 2025 guidance says Act 60 moved the retail food program and the home-based food production law to SCDA. Sources: S.399 (2023-2024) bill page; S.C. Code 46-57-10; SCDA Home-based Food Production Law Guidance (July 2025).
- 2023-2024: one food-expansion bill stalls. H.3729 would have amended 44-1-143 to address eggs from chickens kept at the residence. As of Nov. 3, 2026, the bill page said it was still in the House Agriculture, Natural Resources and Environmental Affairs Committee. Source: H.3729 (2023-2024) bill page.
- 2026: Act 146 updates the Title 46 home-based food section. H.4189 became Act 146 and was signed May 15, 2026. Section 215 updated S.C. Code 46-57-20 on online, mail-order and retail-store sales, the $1,500 exemption and local ordinances. Sources: H.4189 (2025-2026) bill page; S.C. Code 46-57-20.
- 2025-2026: no new cottage food expansion bill. As of Nov. 3, 2026, a full-text search of session 126 (2025-2026) legislation for "home-based food" returned H.4189 only. A search for "cottage food" returned no matches. Source: South Carolina Legislature, legislation search.
- Next session not listed yet. As of Nov. 3, 2026, the Legislature's search form listed sessions through 126 (2025-2026) and "All Sessions - (1975-2026)." It did not list a 2027 session. Check again once a new session appears. Source: South Carolina Legislature, legislation search.
How South Carolina compares
On where producers can sell, South Carolina is close to Georgia on store sales and broader than Alabama and Florida, which keep cottage food sales direct to consumers. South Carolina allows store sales with signage. SCDA says restaurants need a variance to serve home-based food. Sources: O.C.G.A. 26-2-472, as passed (PDF posted by GDA); S.C. Code 44-1-143(E); Ala. Code 22-20-5.1; Fla. Stat. 500.80.
On sales caps, South Carolina matches Georgia and Alabama, which also set no state cap, while Florida's exemption ends at $250,000 a year. Source: Fla. Stat. 500.80(1).
On foods that need refrigeration, South Carolina has not moved. Several states now allow some of those foods, each with conditions.
- Tennessee: Since July 1, 2025, some time or temperature control for safety foods may be sold in person by the producer or an agent. Source: SB 484 (2025) bill page.
- Texas: Since Sept. 1, 2025, operations that sell these foods must register with the Texas Department of State Health Services. Source: Tex. Health & Safety Code 437.01953.
- Colorado: Starting Jan. 1, 2027, a producer may sell one type of these foods, such as tamales, after a food safety course. Source: HB 26-1033 session law, Chapter 375.
For a side-by-side look at the region, see How Cottage Food Laws Compare in Florida, Georgia, Alabama and South Carolina, Georgia's Cottage Food Law: Where It Stands and What May Come Next, Alabama's Cottage Food Law: Where It Stands and What May Come Next and Florida's Cottage Food Law: Where It Stands and What May Come Next. For the national picture, see Where Cottage Food Laws Are Headed: The 2025-2026 Wave and What Comes Next.
Outlook: what may come next in South Carolina
This outlook is Cottage Food Directory's analysis. It is not a prediction from SCDA or the General Assembly.
- A bill to allow some perishable foods. With no permit, no cap and store sales already in place, the clearest remaining gap is the food list. A bill modeled on Tennessee, Texas or Colorado could let home producers sell items like cheesecake or cream cheese frosting with refrigeration, registration or training rules. No such expansion bill was on file in the 2025-2026 session as of Nov. 3, 2026, so this is a possibility, not a trend in the state yet.
- Clearer alignment of the two code sections. South Carolina still publishes home-based food rules in S.C. Code 44-1-143 and in S.C. Code 46-57-20. SCDA's July 2025 guidance follows the expanded 2022 rules and reprints that statute text. Act 146 updated parts of 46-57-20 in May 2026. A future cleanup bill or code commissioner note could make the operative text easier to read in one place.
- Watch the next session. South Carolina's last major expansion came in 2022. The 2023-2024 egg bill, H.3729, did not advance. New filings would likely appear first once the Legislature lists the next regular session after 126.
- Shipping across state lines is unlikely to change soon. SCDA already says the cottage law applies only to in-state sales and delivery. A state bill cannot rewrite federal rules for products that cross state lines. Source: SCDA Home-based Food Production Law Guidance (July 2025). For more, see Can You Ship Cottage Foods Across State Lines? A State-by-State Look.
- Home restaurants are unlikely soon. California's microenterprise home kitchen operations, small restaurants run from a home kitchen, exist only where a city or county opts in. Serving plated meals from home would be a much bigger step than selling packaged foods. Source: California Department of Public Health: Microenterprise Home Kitchen Operations.
What South Carolina operators can do now
- Check each product. If an item is not on SCDA's allowed list, or it needs temperature control, ask SCDA or Clemson Extension before selling it. Source: SCDA Home-based Food Production Law Guidance (July 2025).
- Follow the in-state delivery rule. SCDA says online and mail-order sales must be delivered in South Carolina. Source: SCDA Home-based Food Production Law Guidance (July 2025).
- Ask before selling through a restaurant. SCDA says a restaurant may serve home-based food or use it as an ingredient only with an SCDA variance, which the restaurant must request. Packaged, labeled products may be sold at retail food establishments. Source: SCDA Home-based Food Production Law Guidance (July 2025).
- Watch for new bills. New legislation will appear in the Legislature's bill search. For what to do when a law changes, see When Your State Changes the Rules: A Checklist for Home Bakers.
Frequently asked questions
Do I need a permit to sell cottage food in South Carolina?
No. South Carolina has no license, permit or mandatory application for a home-based food production operation that follows the law. An SCDA identification number is optional. Sources: S.C. Code 44-1-143(F); SCDA Home-based Food Production Law Guidance (July 2025).
Can I sell cheesecake from my South Carolina home kitchen?
Not as a home-based food production operation. Foods that need temperature control are potentially hazardous and must be made in a permitted commercial kitchen. Sources: S.C. Code 44-1-143(A)(4); SCDA Home-based Food Production Law Guidance (July 2025).
Can I sell my cottage foods to a grocery store?
Yes. Retail stores, including grocery stores, may sell properly labeled home-based food if they post signage saying it is not subject to commercial food regulations. Source: S.C. Code 44-1-143(E).
Can I ship cottage foods to a customer in another state?
SCDA says no. SCDA's guidance says the home-based food production law applies to in-state sales and that online sales must be delivered to South Carolina addresses. Source: SCDA Home-based Food Production Law Guidance (July 2025).
Is a bill pending to change South Carolina's cottage food law?
No expansion bill was found in the 2025-2026 session as of Nov. 3, 2026. The session search for "home-based food" returned H.4189, a restructuring act that updated S.C. Code 46-57-20 and became Act 146. The Legislature's search form did not yet list a 2027 session. Sources: South Carolina Legislature, legislation search; H.4189 (2025-2026) bill page.
Official sources
- S.C. Code 44-1-143, Requirements for home-based food production operations
- S.C. Code Title 46, Chapter 57, Food Safety
- S.506 (2022), Act 208
- S.399 (2023-2024), Act 60
- H.4189 (2025-2026), Act 146
- H.3729 (2023-2024)
- South Carolina Legislature, legislation search
- SCDA, Home-based Food Production Law Guidance, July 2025
- SCDA, Retail Food Safety
- Other states: O.C.G.A. 26-2-470 to 26-2-478, as passed (PDF posted by GDA), Ala. Code 22-20-5.1, Fla. Stat. 500.80, Tennessee SB 484 (2025), Tex. Health & Safety Code chapter 437, Colorado HB 26-1033 and CDPH: Microenterprise Home Kitchen Operations
To find home bakers and makers in the state, browse the South Carolina listings.
This article is general information, not legal advice. Last reviewed Nov. 3, 2026.