South Carolina Cottage Food Laws 2026: No Food License, No Sales Cap

Pick your route

Sell directly to customers

You may sell directly to an individual consumer, including online and by mail order (§ 44-1-143). SCDA says the food must be packaged and labeled at your home kitchen. A display is fine, but you cannot serve food on napkins or add toppings on site without a retail food establishment permit (guidance).

Sell to retail stores

You may also sell to retail stores, including grocery stores. SCDA says you do not need its wholesale Registration Verification Certificate if you meet the law's requirements (guidance). The store must post a clearly visible sign that home-based food products are not subject to commercial food regulations (§ 44-1-143(E)). SCDA's guidance says a restaurant can sell your food packaged and labeled, but cannot serve it or use it as an ingredient without an SCDA variance. The restaurant, not you, must request the variance.

Earn less than $1,500 a year

The section does not apply to an operation with net earnings under $1,500 a year that would otherwise fit the definition (§ 44-1-143(G)). SCDA's guidance words the threshold as sales rather than net earnings. It says such an operation may not sell at retail locations and that the producer must be physically present and sell directly to the end consumer (guidance).

What you can sell

The law covers foods that are not potentially hazardous. SCDA's guidance describes them as foods that do not need refrigeration for safety. Its allowed-foods table is an example list. It includes bread such as bagels and tortillas; sourdough made from a commercial starter; cakes, cupcakes and brownies; cookies; hard candy, popcorn and granola; roasted nuts; and fruit pies with cooked or canned high-acid fillings. Dried herbs, spices and fruit (not melons) are allowed if you dry them in your home kitchen.

Jams and jellies, preserves and high-acid fruit curds need a science-based recipe with acidic fruit, sugar and pectin. They cannot contain low-acid ingredients such as peppers, figs or mint, and low-sugar and sugar-substitute recipes are out. Raw, comb and creamed honey are allowed if everything from extracting to distributing happens out of a home kitchen. A beekeeper who sells under an SCDA Registration Verification Certificate or honey exemption must surrender it first to sell under this law.

What you can’t sell

Foods that need refrigeration are out, and the statute excludes aluminum canned goods and charcuterie boards (§ 44-1-143). SCDA's not-allowed table also lists cheesecake, cream pies, pickles, salsa, relish, hot sauce, barbecue sauce, mustard, chutney, fermented foods and pepper jelly. Bottled beverages, meat, poultry, seafood, casseroles and prepared meals are out. Fruit tarts are not allowed because pastry cream and fresh fruit are both TCS. SCDA also says a recipe cannot be tested to qualify: a recipe that requires testing must be produced and sold under a retail food establishment permit. So must any food that is not allowed, made in a commercial kitchen.

How and where you can sell

Online and shipping. SCDA's guidance says direct sales are delivered only in South Carolina. It says products crossing state lines are subject to FDA regulations. A customer who buys in South Carolina and carries food across the line is allowed. The statute does not mention state lines, so ask SCDA before you ship out of state.

Markets, events and food trucks. SCDA says venues may set their own vendor policies and limits. A food truck may sell only products already packaged at home, and nothing may be prepared or finished in the truck.

Local rules. The section applies only "in the absence of a local ordinance to the contrary" (§ 44-1-143(I)). Ask your city or county about ordinances and zoning. SCDA points to the Small Business Development Center, at 803-777-0749, for local permitting, zoning and licensing.

Your kitchen

Use the kitchen inside your own home. SCDA says it must be the family-use kitchen. The statute requires you to take all reasonable steps to protect food from contamination: directly supervise anyone else who handles it, keep pets out while you work, allow no domestic activities in the kitchen, keep out anyone with a food-transmissible disease, and make sure everyone follows safe food handling practices. It also lists the facilities you must have: a department-approved water supply, separate ingredient storage, a functioning refrigeration unit, a hot-water sink for utensils, separate hand washing facilities, a toilet, no insect or rodent activity and approved sewage disposal. SCDA says an approved water source is a public system or a private well tested at least annually for total coliform bacteria. Its FAQ says home kitchens are not required to have a separate hand washing sink, but the statute lists separate hand washing facilities and controls. SCDA says these foods are sold without inspection or a permit.

The optional SCDA ID number

SCDA says the law directs it to provide an ID number on request, which you print instead of your home address (SCDA). You apply through its voluntary ID number portal, online or by mail. The form warns that personal information on it "is subject to public scrutiny or release." SCDA's pages and form don't list a fee, so ask what it costs.

Labels

Every packaged food needs the same label items, with one choice: print your name and address, or an SCDA ID number in place of the address (§ 44-1-143(D)). An operation under the $1,500 line is outside the section, so the state label list does not apply to it. The statute also requires the label to comply with federal law, and SCDA's sample label shows net contents in customary and metric units.

Before your first sale

• ☐To do: Check each product against SCDA's allowed and not-allowed tables, and email the agency about any on neither.
• ☐To do: Check your kitchen against the statute's list, including the water supply and hand washing facilities.
• ☐To do: Decide whether the label carries your address or an SCDA ID number, and apply for the number first if you do not want to include your address.
• ☐To do: Print labels with the required statement in all capital letters and in a color that provides a clear contrast to the background.
• ☐To do: Ask your city or county about ordinances and zoning, and ask the Department of Revenue whether your sales need a retail license.
• ☐To do: Set prices that cover ingredients, packaging and your time (first sales guide).

Common questions