South Dakota Cottage Food Laws
Last reviewed Oct. 13, 2026
South Dakota exempts food prepared at a residence from state food licensing under SDCL 34-18-35 through 34-18-38. Sellers need no license or fee if they sell in person at their home, a farmers market, a roadside stand or another temporary venue and deliver the food personally. Canned goods and certain refrigerated foods require food safety training. Every product needs a detailed label. No sales cap appears in the statutes. This guide covers what you can sell, how you can sell, labeling and when you need a license.
Disclaimer: This page is general information, not legal advice. Laws change, and local zoning, HOA and tax rules vary. Confirm current requirements with the South Dakota Department of Health, or with an attorney, before you start selling.
Quick facts
- Licensing does not apply to sellers of non-temperature-controlled food, home-processed canned goods and baked goods prepared at a residence, or foods authorized after training. SDCL 34-18-35
- The exemption from licensing and license fees requires labels, in-person sales and personal delivery. SDCL 34-18-38
- Sales must happen in the seller's physical presence at the primary residence, a farmers market, a roadside stand or another temporary sale venue. SDCL 34-18-38
- Canned goods require food safety training every five years or third-party recipe verification. SDCL 34-18-36
- No sales cap appears in the statutes. SDCL 34-18-38
What the law calls it
- The statutes refer to "food prepared at a residence" and "home-processed canned goods." "Cottage food" is not a South Dakota legal term. SDCL 34-18-35
Foods you can sell
- Non-temperature-controlled food and baked goods prepared at a residence. SDCL 34-18-35
- Home-processed canned goods with a pH of 4.6 or less or a water activity of .85 or less. SDCL 34-18-36
- After food safety training: non-heat-processed fermented foods kept at 41 F or below; kuchen and baked goods that need temperature control, such as soft pies, cheesecake and custard or cream-filled goods, and TCS sauces and pesto, kept at 41 F or below; and home-processed frozen fruit and produce kept at 0 F or below. SDCL 34-18-36.1
Foods you cannot sell
- Canned goods above a pH of 4.6 and a water activity of .85. SDCL 34-18-36
- Temperature-controlled foods other than those allowed after training. SDCL 34-18-35; SDCL 34-18-36.1
Sales limit
- No sales cap appears in the statutes. SDCL 34-18-38
Where and how you can sell
- In the seller's physical presence at the seller's primary residence, a farmers market, a roadside stand or another temporary sale venue. SDCL 34-18-38
- Delivery: the seller, or a person living at the seller's primary residence, must personally deliver the food to the buyer at the completion of the sale. SDCL 34-18-38
- Online and shipping: the exemption requires the sale in the seller's physical presence and personal delivery, so mail and shipping are not covered. SDCL 34-18-38
- Wholesale: not covered, since the exemption requires in-person sale and personal delivery to the buyer. SDCL 34-18-38
Labeling rules
- Labels must include the product name, producer's name, physical address of production, mailing address, phone number, date made or processed, ingredients, a keep refrigerated or frozen directive for foods sold under 34-18-36.1 and this 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." SDCL 34-18-37
Training rules
- Canned goods sellers must complete department-approved online food safety training every five years and keep records, or keep written third-party processing authority verification of each recipe. SDCL 34-18-36
- Sellers of TCS foods under 34-18-36.1 must meet the training requirement first. SDCL 34-18-36.1
Zoning, HOAs and local rules
- The statutes address state licensing only. Check city or county zoning and business rules.
- Check your HOA documents, since the state does not review private covenants.
Inspections
- The exemption covers licensing and license fees. The statutes do not set routine inspections for exempt sellers. SDCL 34-18-38
When you need a license instead
- Shipping, wholesale, sales outside the listed venues and foods not covered by the exemption require a South Dakota food service or processing license. SDCL 34-18-38
Timeline
- 2010: the Legislature created the home-prepared food exemption (SL 2010, ch. 172). SDCL 34-18-35
- 2011: the in-person sales requirements were added (SL 2011, ch. 158). SDCL 34-18-38
- 2022: SL 2022, ch. 106 added training-based TCS sales and revised the canning and label rules. SDCL 34-18-36.1
- Oct. 13, 2026: this page was last reviewed against South Dakota law.
Frequently asked questions
Do I need a license to sell cottage food in South Dakota?
No, if you meet the labeling, in-person sale and personal delivery rules. Source: SDCL 34-18-38.
Is there a sales cap in South Dakota?
No cap appears in the statutes. Source: SDCL 34-18-38.
Can I sell cottage food online in South Dakota?
The sale must happen in your physical presence, with personal delivery. Source: SDCL 34-18-38.
Can I ship cottage food from South Dakota?
No. The exemption requires personal delivery to the buyer. Source: SDCL 34-18-38.
Can I sell to stores or coffee shops?
Not under the exemption, which requires in-person sale to the buyer. Source: SDCL 34-18-38.
Can I sell cheesecake or kuchen?
Yes, after food safety training, if kept at 41 F or below. Source: SDCL 34-18-36.1.
Can I sell home-canned salsa or pickles?
Yes, if the pH is 4.6 or less or water activity .85 or less, with training or recipe verification. Source: SDCL 34-18-36.
What must my South Dakota label say?
Product, your name, addresses, phone, date, ingredients and the required disclaimer. Source: SDCL 34-18-37.
Official sources
This page is general information, not legal advice. Laws change, and local zoning, HOA and tax rules vary. Confirm current requirements with the South Dakota Department of Health, or with an attorney, before you start selling.
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