South Carolina Cottage Food Law 2026: Home-Based Food Rules

South Carolina's Home-based Food Production Law lets people make nonpotentially hazardous foods in their home kitchens and sell them without a retail food permit. Since May 2022, sales may be made online, by mail order and to retail stores. The South Carolina Department of Agriculture, or SCDA, has handled the program since July 1, 2024. This guide covers what you can sell, where you can sell, labeling and when you need a permit instead.

Disclaimer: This page is general information, not legal advice. Laws change, and local ordinances, HOA covenants and tax obligations vary. Confirm current requirements with SCDA, the Clemson Extension cottage food team at [email protected], or an attorney before you start selling.

Quick facts

No license, permit or mandatory application is required. An SCDA identification number for labels is optional. S.C. Code 44-1-143(F); SCDA Home-based Food Production Law Guidance (July 2025)
There is no state limit on gross sales. SCDA Home-based Food Production Law Guidance (July 2025)
Sales may be made directly to a person, including online and by mail order, or to retail stores, including grocery stores. Effective May 23, 2022. S.C. Code 44-1-143(A)(1), (E)
SCDA guidance says direct sales, including online and mail order, must be delivered only in South Carolina. SCDA Home-based Food Production Law Guidance (July 2025)
The law lists only two kinds of sales: directly to a person and to retail stores. The 2022 amendment deleted the earlier ban on wholesale sales. S.C. Code 44-1-143(E); S. 506 (2022)
Labels need an all-caps advisory statement saying the food is not subject to South Carolina's food safety regulations. S.C. Code 44-1-143(D)

What the law calls it

South Carolina law uses the term "home-based food production operation." People also call it the "cottage food law" or search for "home bakery" or "homemade food." These are everyday names, not legal categories. SCDA Home-based Food Production Law Guidance (July 2025)
A home-based food production operation is an individual, operating out of the individual's dwelling, who prepares, processes, packages, stores and distributes nonpotentially hazardous foods for sale directly to a person, including online and by mail order, or to retail stores. It does not include aluminum canned goods or charcuterie boards. S.C. Code 44-1-143(A)(1)
Potentially hazardous foods include raw or heat-treated animal foods, heat-treated plant foods, raw seed sprouts, cut melons, cut leafy greens, cut tomatoes and untreated garlic-in-oil mixtures, plus certain foods based on pH and water activity. S.C. Code 44-1-143(A)(4)

Foods you can sell

Any food that is not potentially hazardous, as defined in the law. Before 2022, the law covered only candy and baked goods. S.C. Code 44-1-143(A)(2)
SCDA's guidance lists examples, including breads, cookies, brownies, many cakes and pies, candies, jams and jellies, dried fruits and herbs and baking mixes, with notes on fillings, toppings and recipes. SCDA Home-based Food Production Law Guidance (July 2025)
Sourdough bread is allowed. SCDA recommends a starter from a commercial culture and limits starters to four generations. SCDA Home-based Food Production Law Guidance (July 2025)

Foods you cannot sell

Potentially hazardous foods, such as meat, poultry, seafood, dairy-based fillings, cut melons and cut tomatoes. S.C. Code 44-1-143(A)(4)
Aluminum canned goods and charcuterie boards are excluded by law. S.C. Code 44-1-143(A)(1)
SCDA says foods such as cheesecake must be made in a commercial kitchen under a retail food establishment permit. SCDA Home-based Food Production Law Guidance (July 2025)

Sales limit

South Carolina sets no cap 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. S.C. Code 44-1-143(G); SCDA Home-based Food Production Law Guidance (July 2025)

Where and how you can sell

Directly to a person for that person's own use, including online and by mail order. S.C. Code 44-1-143(E)
Shipping: the law allows mail order but does not name a geographic limit. SCDA's guidance says direct sales must be delivered only in South Carolina, and Clemson Extension, which answers questions for the program, says online sales to other states are not allowed. S.C. Code 44-1-143(E); SCDA Home-based Food Production Law Guidance (July 2025)
To retail stores, including grocery stores. The store must post clearly visible signage saying home-based food products are not subject to commercial food regulations. Home-based food is considered an approved source. S.C. Code 44-1-143(E)
Restaurants may not serve home-based food or use it as an ingredient without an SCDA variance, which the restaurant must request. Packaged, labeled products may be sold at retail food establishments. SCDA Home-based Food Production Law Guidance (July 2025)
Wholesale: the 2022 amendment deleted the ban on wholesale sales, and the law now lists only sales directly to a person and to retail stores. SCDA guidance says a Registration Verification Certificate is not needed to sell wholesale if the law's requirements are met. S.C. Code 44-1-143(E); SCDA Home-based Food Production Law Guidance (July 2025)
Markets, events and stores may set their own vendor policies. SCDA Home-based Food Production Law Guidance (July 2025)

Labeling rules

Every packaged item must have a label that complies with federal law and shows: the name and address of the operation, or an SCDA identification number in place of the address; the product name; the ingredients in descending order of predominance by weight; and this statement in all capital letters in a color that contrasts with the background: "PROCESSED AND PREPARED BY A HOME-BASED FOOD PRODUCTION OPERATION THAT IS NOT SUBJECT TO SOUTH CAROLINA'S FOOD SAFETY REGULATIONS." S.C. Code 44-1-143(D)
SCDA's guidance says the advisory statement must appear on the package face. A form to request an SCDA identification number is in the guidance. SCDA Home-based Food Production Law Guidance (July 2025)

Kitchen and safety rules

The operator must keep pets out of the production area during production, stop domestic activities in the kitchen during production, supervise helpers and keep sick people from handling food. S.C. Code 44-1-143(B)
The home must have an approved water supply, separate ingredient storage, working refrigeration, a sink with hot water, separate hand-washing facilities, a working toilet, approved sewage disposal and no sign of pests. S.C. Code 44-1-143(C)

Zoning, HOAs and local rules

The law applies in the absence of a local ordinance to the contrary, so a city or county ordinance can change the rules. S.C. Code 44-1-143(I)
For local permits, zoning and business licenses, SCDA refers producers to the South Carolina Small Business Development Center. SCDA Home-based Food Production Law Guidance (July 2025)
South Carolina's law does not address HOA covenants or leases. Review yours before starting a home food business.

Inspections and complaints

A home-based food production operation is not a retail food establishment and is not regulated under Regulation 61-25. S.C. Code 44-1-143(F)
The 2022 law added penalties for violations. S. 506 (2022)

When you need a permit instead

Potentially hazardous foods, such as cheesecake, must be made in a commercial kitchen under an SCDA retail food establishment permit. Other wholesale food businesses need an SCDA Registration Verification Certificate. SCDA Home-based Food Production Law Guidance (July 2025); SCDA Retail Food Safety

Recent changes and effective dates

June 7, 2012: South Carolina's first Home-based Food Production Law expands the old weekend home baker exemption. SCDA Home-based Food Production Law Guidance (July 2025)
May 23, 2022: S. 506 (Act 208) takes effect. It allows all nonpotentially hazardous foods, online and mail-order sales and sales to retail stores, removes the wholesale ban, adds the identification number option and raises the small-operation exemption to $1,500. S. 506 (2022); SCDA Home-based Food Production Law Guidance (July 2025)
July 1, 2024: Act 60 (S. 399) moves the program from the former Department of Health and Environmental Control to SCDA. SCDA Home-based Food Production Law Guidance (July 2025)

Frequently asked questions

Do I need a license to sell baked goods from home in South Carolina?

No. South Carolina has no license, permit or mandatory application for home-based food production. An SCDA identification number is optional. Sources: S.C. Code 44-1-143(F); SCDA Home-based Food Production Law Guidance (July 2025).

Is there a sales limit for cottage food in South Carolina?

No. The law sets no cap on sales. Source: SCDA Home-based Food Production Law Guidance (July 2025).

Can I sell cottage food online in South Carolina?

Yes. The law allows sales directly to a person online and by mail order. Source: S.C. Code 44-1-143(E).

Can I ship cottage food to other states from South Carolina?

SCDA says no. The law allows mail order without naming a limit, but SCDA's guidance says direct sales must be delivered only in South Carolina. Sources: S.C. Code 44-1-143(E); SCDA Home-based Food Production Law Guidance (July 2025).

Can I sell cottage food to grocery stores in South Carolina?

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 sell to restaurants or wholesalers?

The law lists sales directly to a person and to retail stores; its earlier wholesale ban was deleted in 2022. Ask SCDA before selling to a wholesaler. A restaurant may serve home-based food only with an SCDA variance. Sources: S.C. Code 44-1-143(E); SCDA Home-based Food Production Law Guidance (July 2025).

Can I sell cheesecake or cream pies?

No. 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).

What must be on a South Carolina cottage food label?

The operation's name and address or SCDA identification number, the product name, the ingredients by weight and the all-caps advisory statement. Source: S.C. Code 44-1-143(D).

Can I keep my home address off the label?

Yes. Request an identification number from SCDA and use it in place of your address. Sources: S.C. Code 44-1-143(D)(1); SCDA Home-based Food Production Law Guidance (July 2025).

Can my city or county limit my home food business?

Yes. The state law applies only in the absence of a local ordinance to the contrary. Source: S.C. Code 44-1-143(I).

Official sources

This page is general information, not legal advice. Laws change, and local ordinances, HOA covenants and tax obligations vary. Confirm current requirements with SCDA, the Clemson Extension cottage food team at [email protected], or an attorney before you start selling.

South Carolina Cottage Food Laws