South Dakota cottage food laws
Broad allowed-foods list, but in-person direct sales only.
South Dakota's cottage food law (SDCL 34-18-35, expanded by HB 1322 in 2022) lets home producers sell most non-temperature-controlled foods directly to consumers without a permit or inspection. The list of allowed foods is unusually broad and includes many canned goods if recipe rules are met. The big tradeoff is that sales must be in person and within South Dakota: shipping is not authorized.
South Dakota cottage food, quick facts.
How the South Dakota cottage food law actually works.
South Dakota's cottage food law lives at SDCL 34-18-35. House Bill 1322, signed in 2022, expanded the law from a narrow baked-goods program to a broad non-temperature-controlled-foods program. The law now uses the phrase non-temperature-controlled goods, which covers a much wider product range than the prior baked-goods-only language.
Within that scope there is no permit, no inspection, no fee, and no annual sales cap for non-temperature-controlled products. The producer simply has to follow labeling rules and sell directly to consumers in person within South Dakota. Some canned goods may still require process verification or pH testing.
The biggest restriction is the sales channel: South Dakota cottage food must be sold directly from the producer to the consumer in person. The state has not authorized mail or carrier shipping under cottage food, so online orders that ship anywhere outside an in-person handoff are not allowed. Customers can pre-order online and pick up at a farmers market, roadside stand, the producer's home, or another in-person handoff location.
Sales to grocery stores, restaurants, and other retailers are not authorized under cottage food. A producer who wants to sell wholesale, ship products, or sell refrigerated items must apply for a different food license through the South Dakota Department of Health.
Allowed and prohibited foods.
- Cookies, brownies, biscotti, bars
- Cakes and cupcakes (without cream or cream-cheese frosting)
- Breads, rolls, pastries, scones, muffins
- Fruit pies that are non-TCS
- Candies, fudge, caramels, chocolates, brittles
- Jams, jellies, fruit preserves, fruit butters
- Granola, cereal, popcorn, snack mixes
- Dehydrated fruits, vegetables, herbs, jerky
- Dry mixes, roasted coffee, tea blends
- Frozen fruits and vegetables packed at home
- Acidified canned goods (pickles, salsas) when recipe rules are met
- Frostings and icings that are shelf-stable
- Cheesecakes, cream pies, custard pies, meringue pies
- Cream cheese frostings and cream-filled cakes
- Refrigeration-required dairy desserts (tres leches, mousse, tiramisu)
- Low-acid canned vegetables that have not been process-verified
- Meat products other than dehydrated jerky
- Fish, shellfish, or seafood
- Beverages requiring refrigeration
- Raw, unpasteurized milk products outside dedicated dairy rules
South Dakota's expanded law allows many canned and frozen items not allowed in other states, but acidified canned goods may need pH or process verification. Check with SDSU Extension or the Department of Health if you are unsure about a recipe.
Sales channels for South Dakota cottage bakers.
- Sales must be direct from producer to end consumer in person.
- Local cities and counties may add zoning, business registration, or special-event rules.
Label every product, exactly like this.
This product was not produced in a state-inspected facility.
- Labels must be in English. Other languages are welcome in addition to English.
- If you sell unpackaged items at a farmers market table, the disclaimer must be displayed at the point of sale.
- Acidified canned goods should include the pH or process used if asked by an inspector.
How much can you earn under South Dakota cottage law?
South Dakota does not impose an annual sales cap on cottage food operations selling non-temperature-controlled goods. Older sources sometimes still reference a $5,000 limit from the pre-2022 law, but HB 1322 removed that for the expanded category. The Department of Health remains the authority to consult if you expect a high volume.
Food safety training in South Dakota
South Dakota does not require state food safety training for cottage operators. SDSU Extension and the Department of Health publish guidance materials that are useful even though they are not mandatory. Some farmers markets may ask for a food handler card on their own.
Registration, permits, and inspections in South Dakota
There is no state registration step for non-temperature-controlled cottage foods. You do not file paperwork with the Department of Health, do not pay a fee, and do not receive a permit number. Acidified or process-sensitive canned goods may need pH or process verification, and refrigerated foods or wholesale require a separate state food license.
How to start a cottage bakery in South Dakota.
- 01Confirm your products are non-TCSSouth Dakota's expanded law covers non-temperature-controlled goods. Anything that needs hot or cold storage to stay safe (cheesecake, cream pies, refrigerated frostings) is excluded.SDSU Extension: Cottage Home Processing Food Safety →
- 02Verify recipes for acidified or canned itemsPickles, salsas, and other acidified canned goods may need pH testing or a tested recipe. Stick to USDA and SDSU Extension recipes when in doubt.
- 03Build your label templateInclude producer name, physical address, common product name, ingredients in descending order, net quantity, allergens, and the required state-inspected-facility disclaimer.
- 04Plan in-person sales channelsSouth Dakota cottage sales must complete in person. Plan farmers markets, home pickup windows, event tables, and roadside stand schedules. Order-taking online is fine; the handoff has to be face to face.
- 05Set up your storefront on CakeryCakery gives you a free bakery page at cakerybakeries.com/your-bakery. Add your menu, prices, pickup windows, and event schedule so South Dakota customers can request quotes and reserve in-person handoffs.Create a free Cakery page →
- 06Handle business and tax basicsRegister a business name with the Secretary of State if you operate under a name that is not your own. Register for sales tax with the South Dakota Department of Revenue if your products are taxable, and check zoning and HOA rules.
A few things South Dakota bakers should know.
- Sales must be completed in person. South Dakota cottage food cannot be shipped or mailed; online orders are limited to order-taking with in-person pickup or delivery.
- HB 1322 (2022) expanded the law from baked-goods-only to non-temperature-controlled goods. Older guides still reference the narrower list and the $5,000 cap; both are out of date.
- Acidified canned goods may require pH testing or a USDA-tested recipe.
- Local jurisdictions may add zoning, business registration, or event-specific rules.
- If you want to sell refrigerated desserts, ship products, or sell wholesale, the Department of Health offers other food license paths.
Bookmark these for South Dakota baking.
Official agency resources
Statute and rules text
Helpful resources for bakers
Recent and upcoming changes in South Dakota.
- July 1, 2022House Bill 1322 took effect, expanding cottage food from baked-goods-only to non-temperature-controlled goods including many canned and frozen items.
South Dakota cottage food FAQ.
Do South Dakota cottage bakers need a permit or license?
Can I sell South Dakota cottage food online?
Is there a sales cap on South Dakota cottage food?
What is the exact label disclaimer South Dakota requires?
Can I sell cheesecakes or cream pies?
Can I sell to a coffee shop or grocery store?
Are acidified canned goods allowed?
You bake. We handle the tech.
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