warebythe south dakota cottage food law, in plain english
what you can sell from your home kitchen in south dakota, who you register with, where you can sell, and what the label has to say. checked against the state’s own pages on october 14, 2026.
on this page
1at a glance2what you can sell3how to start4where you can sell5labels6what’s changed7good to know8questions9sourcesyes, you can sell food from your home kitchen in south dakota with no license, registration or sales cap. you can sell baked goods, candy, dry mixes and other foods that don’t need refrigeration, and after a food safety course you can also sell high-acid canned goods, cheesecake, kuchen, fermented foods and frozen produce. every sale has to happen in person, at your home, a farmers market, a roadside stand or a similar event, and you or someone who lives with you hands the food over. online sales, shipping and selling through stores need a state license.
south dakota cottage food rules at a glance
| the law | south dakota home-processed foods law (south dakota codified laws, sections 34-18-35 to 34-18-38) |
|---|---|
| who runs it | south dakota department of health, office of health protection |
| registration | no no state registration |
| kitchen inspection | no |
| training | noonly for canned goods, fermented foods, frozen produce and baked goods that need refrigeration: a department of health approved food safety course every 5 years. for canned goods, a processing authority’s written recipe check can replace the course. |
| yearly sales cap | no sales cap |
| selling from your home | yesfrom your primary residence, in person. |
| selling at farmers markets and events | yesfarmers markets, roadside stands and other temporary sale venues, with you there. |
| selling online orders | nothe department of health counts internet sales as indirect sales that need a license. the sale has to happen in person. |
| selling delivering it yourself | limitedyou or someone who lives in your home must hand the food to the buyer in person when the sale is made. no couriers. |
| selling shipping within the state | no |
| selling shipping to other states | no |
| selling to stores, cafes and restaurants | nono stores, restaurants or other resellers without a state license. |
what can you sell from home in south dakota?
you can sell
- breads, cookies, cakes, pies and kuchen
- candy and confections
- dry mixes, granola, nuts and coffee beans
- home-canned jams, jellies, pickles and salsa with a ph of 4.6 or less, after training or a recipe check
- cheesecake and cream or custard pies kept cold, after training
- sauerkraut, kimchi and kombucha kept cold, after training
- frozen fruit and vegetables, after training
you can’t sell
- low-acid canned foods, like green beans, corn, soup or nut butters
- meat, poultry, jerky and fish
- juice and cider
- take-and-bake dough and unbaked pizzas
- sandwiches, casseroles and other prepared meals
- cut fresh fruit and vegetables
these are examples, not the full list. check the south dakota department of health, office of health protection before you sell something new.
how do you start a cottage food business in south dakota?
- no state registration. south dakota doesn’t ask cottage food sellers to register with the state. check your city or county for local rules, like zoning or a business license.
- label everything the way the law asks (below).
- start selling in the ways south dakota allows, and keep track of your sales if there’s a cap.
where and how can you sell in south dakota?
| from your home | yesfrom your primary residence, in person. |
|---|---|
| at farmers markets and events | yesfarmers markets, roadside stands and other temporary sale venues, with you there. |
| online orders | nothe department of health counts internet sales as indirect sales that need a license. the sale has to happen in person. |
| delivering it yourself | limitedyou or someone who lives in your home must hand the food to the buyer in person when the sale is made. no couriers. |
| shipping within the state | no |
| shipping to other states | no |
| to stores, cafes and restaurants | nono stores, restaurants or other resellers without a state license. |
on wareby, food is always pickup or delivery by the shop, never a courier and never shipped, which fits the rules in every state. how to sell food online from home.
what goes on a cottage food label in south dakota?
“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.”
the statement south dakota requires on your label
the label also needs:
- product name
- your name
- the physical address where it was made
- your mailing address
- your phone number
- the date it was made
- ingredients
- “keep refrigerated” or “keep frozen” for foods that need it
what’s changed in south dakota, and what’s coming?
| when | what |
|---|---|
| 2022 | lawmakers opened the law to any food that doesn’t need refrigeration and, with food safety training, to cheesecake, cream pies, kuchen, sauces, pesto, fermented foods and frozen produce kept cold. canned goods sellers now retrain every 5 years |
what else should you know in south dakota?
- you have to make the food in your primary residence, not a second home or a rented kitchen.
- keep records showing you finished your food safety training, and retake it every 5 years.
- the department of health says meat, poultry, eggs, dairy and honey fall under other agencies, so this law doesn’t cover them.
- if you sell by weight, use a legal-for-trade scale certified by the office of weights and measures. certification costs $28 and is due every other year.
questions people ask
do i need a license to sell baked goods from home in south dakota?
no state registration is needed for cottage food in south dakota. check your city or county for local rules, like zoning or a business license.
can i sell cottage food online in south dakota?
no. the department of health counts internet sales as indirect sales that need a license. the sale has to happen in person.
can i ship cottage food in south dakota?
not within south dakota. shipping to other states isn’t allowed either.
how much can i sell from home in south dakota?
there’s no yearly sales cap.
can i sell to stores or coffee shops in south dakota?
no. no stores, restaurants or other resellers without a state license.
what can’t i sell from home in south dakota?
the usual no’s: low-acid canned foods, like green beans, corn, soup or nut butters, meat, poultry, jerky and fish, juice and cider, take-and-bake dough and unbaked pizzas, sandwiches, casseroles and other prepared meals. check with the south dakota department of health, office of health protection before you sell something new.
sources
- south dakota legislature: codified law 34-18-35, sale of homemade foods
- south dakota legislature: codified law 34-18-36, canned goods
- south dakota legislature: codified law 34-18-36.1, food safety training and authorized sales
- south dakota legislature: codified law 34-18-37, label requirements
- south dakota legislature: codified law 34-18-38, exemption from licensure
- south dakota department of health: farmers markets
- south dakota department of health: farmers market guidance for managers and vendors (june 2022)
- south dakota legislature: hb 1179 (2025), homemade food labeling and sales (did not pass)
this is general information to help you get started, not legal advice. we checked it against south dakota’s own pages on october 14, 2026, and laws change, so confirm with the south dakota department of health, office of health protection (and your city or county) before you sell. spot something out of date? email hello@shopwareby.com.
we sold cinnamon rolls from home as minnesota cottage food producers before we opened a licensed kitchen and built wareby. our story