State Guides4 min read
South Dakota Cottage Food Laws 2026: No Cap, No License
Sell non-temperature-controlled foods, baked goods, and home-canned goods from home or farmers markets in South Dakota with no license and no sales cap.
At a glance
- No license or registration required. South Dakota exempts homemade food producers from state licensing and fees if they follow labeling and sales rules (SDCL § 34-18-38).
- No sales cap. The Department of Health confirms there are no monetary limits on direct sales (DOH Farmers Market Guidance).
- Direct sales only. You must sell in person at your home, a farmers market, a roadside stand, or another temporary venue, and personally deliver the food to the buyer (SDCL § 34-18-38).
- Broad product list. You can sell non-temperature-controlled foods, baked goods, home-canned goods, and certain fermented or frozen foods if you meet training rules (SDCL § 34-18-35).
What you can sell
South Dakota allows four categories of homemade food without a license: non-temperature-controlled food, home-processed canned goods, baked goods, and foods authorized under § 34-18-36 or § 34-18-36.1 (SDCL § 34-18-35).
Baked goods and confectionaries include items like cookies, bread, brownies, muffins, cakes, candy, and pies. Baked goods include pies and bread.
Home-canned goods are allowed only if the pH level is 4.6 or less or the water activity level is .85 or less, covering products like jams and jellies, apple butter, salsa, and pickles (SDCL § 34-18-36).
With approved food safety training, you can also sell non-heat-processed fermented foods, baked goods requiring temperature control like cheesecake or cream-filled items, and home-processed frozen fruit and produce, provided the food is consistently maintained at the required temperature (SDCL § 34-18-36.1).
Products under the jurisdiction of other state or federal agencies are not covered, including meat, poultry, jerky, fish, dairy products, honey, eggs, and non-food items such as homemade soap or lotions (DOH Farmers Market Guidance). Low-acid home-canned foods with a pH above 4.6 or water activity above .85 require a state license and labeling (DOH Farmers Market Guidance).
How and where you can sell
Sales must take place 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). The seller, or a person residing at the seller's primary residence, must personally deliver the food to the buyer at the completion of the sale (SDCL § 34-18-38).
Home-processed foods cannot be sold wholesale or indirectly; examples of indirect sale include sales from a retail store or via the internet, which would require a state license (DOH Farmers Market Guidance).
Training requirements
A producer selling home-canned goods must complete food safety training approved by the department every five years and retain records verifying timely completion (SDCL § 34-18-36). A producer may instead maintain verification of each recipe from a third-party processing authority, who must have knowledge of the thermal processing required of food in hermetically-sealed containers and verify the method of processing and that the pH or water activity threshold levels are met (SDCL § 34-18-36). A producer who verifies compliance with the food safety training requirements of § 34-18-36 may sell fermented foods, temperature-controlled baked goods, and frozen fruit and produce under § 34-18-36.1 (SDCL § 34-18-36.1).
Labels
Food prepared at a residence requires a label with specific items, and a refrigeration directive applies only to foods sold under the training rules of § 34-18-36.1. A general state misbranding statute also requires net quantity and the name and address of the manufacturer, jobber, or other responsible person on packaged foods (SDCL § 39-4-11).
Label rules last verified Oct 2, 2026 against 10 official sources.
Make a South Dakota labelMore
trained-producer foods of § 34-18-36.1, sold in the seller's physical presence at the seller's primary residence, a farmer's market, a roadside stand or another temporary sale venue, and personally delivered by the seller or a person residing at the seller's primary residence. Section 34-18-37 states one label list for all of these foods; only the storage directive depends on the food.Required on the label
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.
- Product name"Name of the product"; the statute fixes no wording (a 2025 bill that would have required the "common name" did not pass).
- Ingredients"Ingredients".
- Date madeDate the product was made or processed.
- Business or producer name
- AddressPhysical address of production.
- Phone numberTelephone number of the producer.
- Mailing address of the producerMailing address of the producer.
Depends on your product or how you sell
- Storage or handling instructionsWhen: The food is sold under § 34-18-36.1 (non-heat-processed fermented food, or kuchen and baked goods or sauces and pesto that need time and temperature control, kept at or below 41 degrees F; or…A directive to keep the food refrigerated or frozen.
- Handling statementWhen: The food is sold under § 34-18-36.1 (time-and-temperature-controlled foods that must be kept at or below 41 degrees F, and home-processed frozen fruit and produce that must be kept at or below 0…
The cottage food rules say nothing about allergens, net quantity. That does not make them optional: general food labeling rules may still apply, and the label generator lets you add them.
General labeling law: Probably yes, but the cottage food provisions do not say so.
Sources (10)
- S.D. Codified Laws § 34-18-35
- S.D. Codified Laws § 34-18-36
- S.D. Codified Laws § 34-18-36.1
- S.D. Codified Laws § 34-18-37
- S.D. Codified Laws § 34-18-38
- S.D. Codified Laws § 39-4-11
- S.D. Codified Laws § 39-4-7
- S.D. Codified Laws § 39-4-13
- SD Department of Health, Farmers Market Guidance for Market Managers & Vendors (June 2022)
- SD Department of Health, Farmers Markets page
Before your first sale
- To do: Check your product against the allowed categories and pH or water activity limits.
- To do: Complete an approved food safety course if you sell canned goods, fermented foods, temperature-controlled baked goods, or frozen produce.
- To do: Print labels with all required items, including the home-processed disclaimer.
- To do: Plan to sell only in person at your home, a farmers market, a roadside stand, or a temporary venue.
Common questions
Do I need a cottage food license in South Dakota?
No. A person selling food prepared at their primary residence is exempt from licensing and license fee provisions if they meet the labeling and sales rules (SDCL § 34-18-38).
Is there a sales cap for cottage foods?
No. The Department of Health states there are no monetary limits on the amount of sales for home-processed foods sold directly to the consumer (DOH Farmers Market Guidance).
Can I sell cottage foods online or ship them?
No. Indirect sales, which include sales via the internet, require a state license (DOH Farmers Market Guidance). The seller or a resident of the seller's home must personally deliver the food to the buyer (SDCL § 34-18-38).
What training do I need to sell canned goods or perishable baked goods?
A producer selling canned goods, fermented foods, temperature-controlled baked goods, or frozen produce must complete food safety training approved by the department every five years and retain records (SDCL § 34-18-36). You may substitute verification of each recipe from a third-party processing authority, who must have knowledge of the thermal processing required of food in hermetically-sealed containers and verify the method of processing and that the pH or water activity threshold levels are met (SDCL § 34-18-36).
