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Can I sell food from home in South Dakota?
South Dakota cottage food law at a glance
| Home food sales allowed | yes Home-Processed / Homemade Foods exemption |
|---|---|
| Law | SDCL 34-18-35, 34-18-36, 34-18-36.1, 34-18-37, 34-18-38 (amended SL 2022 ch. 106) |
| Sales cap | No cap |
| Permit or registration | none. Exempt from DOH food licensing and fees. Food safety training approved by the department (online, every 5 years) is required to sell canned goods, unless each recipe is verified by a processing authority. The same training is required for the TCS items in 34-18-36.1. No inspection. |
| Sell in person | yes |
| Take online orders | no |
| Ship within the state | no |
| Ship to other states | no |
| Sell to shops and cafes | no |
| Where you can sell, details | Exemption applies only when the sale happens in the seller's physical presence at their primary residence, a farmers market, a roadside stand or another temporary venue. The seller or a household member must hand the food to the buyer. Remote, shipped and retail sales are not authorized (whether preorders are OK is unverified). |
yes = allowed; limited = allowed with conditions; no = not allowed; unverified = we could not confirm it from an official source.
What foods can you sell from home in South Dakota?
Allowed: Non-TCS foods, baked goods, and home-canned goods with pH 4.6 or below or aw 0.85 or below. With training: refrigerated fermented foods, kuchen and TCS baked goods (cream and custard pies, cheesecake), TCS sauces and pesto (41F or below), and frozen fruit and produce (0F or below).
Not allowed: Low-acid canned goods (pH above 4.6 and aw above 0.85); meat, poultry and other TCS foods not listed in 34-18-36.1.
Label requirements in South Dakota
Required statement: 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. exact wording from an official source
Other label items: Product name; producer name; physical address of production; mailing address; phone; date made or processed; ingredients. For 34-18-36.1 foods, a keep refrigerated/frozen instruction.
Selling from home in South Dakota? The Cottage Kitchen Toolkit prices your recipes for markets, pre-orders and shops. It scales batches and prints ingredient and allergen labels with South Dakota's required statement filled in. It also has this guide for all 50 states and DC. One-time price, and it works offline.
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The 2022 law (SL 2022 ch. 106) added TCS baked goods such as kuchen, fermented foods, sauces and frozen produce for trained producers, and updated the label. Earlier changes in 2010, 2011 and 2020. No 2023-2026 amendments were found in the codified history. Local rules may apply.
Sources
- SDCL 34-18-35 Sale of homemade foods official
- SDCL 34-18-36 Canned goods official
- SDCL 34-18-36.1 Food safety training, authorized sales official
- SDCL 34-18-37 Label requirements official
- SDCL 34-18-38 Exemption from licensure official
Last checked: 2026-10-24 · confidence: high (high = key facts confirmed on an official page; medium = partly confirmed or secondary sources agree; low = a single secondary or outdated source). Summaries are our own wording, not the text of the law.
This page is a research summary, not legal advice. Laws change, and cities and counties can add their own rules. Confirm with your state agency and local health department, using the official sources below, before you sell.