South Dakota Cottage Food Laws

South Dakota is easy for baked goods and notably harder for canned goods, where a tested recipe and pH documentation are expected.

Fast facts

Permit
No permit for most baked goods
Annual sales cap
No limit
Online sales
Limited
Shipping
Not allowed

What makes South Dakota different

  • Non-potentially-hazardous baked goods are exempt from licensing
  • No sales cap
  • Home-canned goods have separate, stricter rules including pH testing

Where you can sell in South Dakota

  • Direct to consumer
  • Farmers markets
  • Home pickup
  • Events

What you can and can't make

South Dakota follows the standard cottage food logic: shelf-stable items are in, anything needing refrigeration is out. Check the South Dakota Department of Health product list for state-specific exceptions.

Generally allowed

  • Breads, rolls, biscuits and buns
  • Cakes, cupcakes and brownies (without cream-cheese or custard fillings)
  • Cookies, bars and biscotti
  • Fruit pies and fruit-filled pastries
  • Candy, brittle, fudge and chocolate-covered items
  • Dry mixes, granola, popcorn and roasted nuts
  • Jams, jellies and preserves made from high-acid fruit

Generally prohibited

  • Cheesecake and cream-cheese frostings or fillings
  • Custard, meringue, pudding and Bavarian-cream pies
  • Anything containing meat, poultry or seafood
  • Fresh-dairy items, ice cream and buttercream that requires refrigeration
  • Canned vegetables, salsas and other low-acid canned goods
  • Garlic-in-oil, pickled goods and fermented foods (in most states)
  • Kombucha, juices and other beverages requiring a process authority

South Dakota labeling requirements

  1. The name and physical address of your home kitchen business
  2. The common name of the product
  3. A full ingredient list in descending order by weight
  4. Allergen declaration for the major allergens (milk, eggs, wheat, soy, peanuts, tree nuts, fish, shellfish, sesame)
  5. Net weight or volume
  6. A cottage food disclosure such as "Made in a home kitchen that is not subject to routine state inspection"

Official source for South Dakota

South Dakota Department of Health administers cottage food rules in South Dakota.

Last verified:

Visit South Dakota Department of Health

Not legal advice. This summary is for general education. Confirm with South Dakota Department of Health before you start selling.

Cottage food laws in other states