South Dakota Cottage Food Law 2026
Last reviewed:
No License Needed
Limit: Unlimited / Year
⚠️ Important Disclaimer
CottageFoodLicense.com is an informational platform, not a law firm. The information provided by our AI Checker, templates, and guides does not constitute legal advice. Cottage food laws change frequently. You must verify all information with your local health department before selling products.
Allowed
- ✓Baked goods (including pies, kuchen, cheesecake, custard- and cream-filled with training)
- ✓Home-canned high-acid and acidified foods (jams, jellies, pickles, salsas, canned fruits and vegetables)
- ✓Fermented foods (kombucha, sauerkraut, kimchi)
- ✓Pesto and sauces
- ✓Frozen fruits and vegetables
- ✓Candies, honey, syrups
- ✓Nuts, grains, seeds, dry mixes
Prohibited
- ✕Meat
- ✕Poultry
- ✕Eggs
- ✕Jerky
- ✕Seafood
- ✕Dairy products
- ✕Alcohol-infused products (unless cooked off)
- ✕Pet/animal food
- ✕Cannabis/THC products
Labeling Protocols
01Product name
02Producer name
03Physical production address
04Producer mailing address
05Producer telephone number
06Date made or processed
07Full ingredient list (descending by weight)
08Allergen disclosure
09Required 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.'
010'Keep refrigerated' or 'Keep frozen' when applicable
FAQs
Is there a sales cap on cottage food in South Dakota?
No. The previous $5,000 cap was repealed by SB 158 in 2020, and HB 1322 (effective July 1, 2022) fully restructured the law with no revenue limit. HB 1179 (2025) clarified labeling and sales requirements.
Do I need a license or permit?
No license, registration, or fee is required. However, producers of home-canned goods, fermented foods, frozen produce, or time/temperature-controlled baked goods (pies, kuchen, cheesecake, cream-filled) must complete a SD Department of Health-certified online food-safety training ($40, renews every 5 years).
Can I ship out of state?
No. Interstate shipments fall under FDA jurisdiction. In-state shipping and delivery to South Dakota consumers is allowed.
Can I sell at temporary events?
Yes. South Dakota allows direct-to-consumer event sales (farmers markets, fairs, roadside stands, temporary events) and online ordering with in-state delivery.
What must my label say?
Product name; producer name and full address (physical and mailing) plus phone; date made; ingredients (descending by weight); allergens; the required home-processed disclaimer; and 'Keep refrigerated' or 'Keep frozen' when applicable.
What Comes Next
After You Verify Compliance: Your Next 4 Steps
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- 01
Liability Shield
Form an LLC
Separating your personal finances from your cottage food business protects your home and savings if a customer ever brings a claim. Both providers below file in all 50 states and handle registered agent service for South Dakota.
- 02
Protect Your Kitchen
Get Product Liability Insurance
A single allergy incident or contamination claim can erase years of profit. FLIP (Food Liability Insurance Program) is built specifically for cottage food operators — flat-rate annual policies with farmers market and online sales coverage included.
- 03
Required in South Dakota
Complete Food Safety Training
South Dakota requires a recognized food safety certification before you can sell. Learn2Serve offers an ANSI-accredited course you can complete online in a few hours.
- 04
Production Ready
Set Up Your Kitchen and Labels
The right thermometers, storage containers, scale, and label printer turn a home kitchen into a compliant production space. Our Week 11 equipment guide walks through what we use and the South Dakota-specific labeling fields you'll need.
Official Sources
Verify current requirements directly with the state:
At a Glance
Permit Fee
$0
No license fee. DOH-certified online food-safety training is $40 and valid 5 years (required only for home-canned, fermented, frozen, and time/temperature-controlled baked goods).
Renewal
N/A (food-safety training renews every 5 years when required)
Shipping