Cottage Food Laws in South Carolina
Last verified against official sources on by Amrit. How we verify
Yes, for candy and baked goods. South Carolina calls this a home-based food production operation. It is not a retail food establishment and is not regulated under the state's retail food code (Regulation 61-25), and the law sets no permit for it. You can sell directly to customers, online, by mail order and to retail stores, as long as every item carries the required label. Candy and baked goods that are not "potentially hazardous" (roughly, foods that don't need to be kept cold or hot to stay safe) are clearly allowed. One state law also allows other foods that are not potentially hazardous, but the law the Department of Agriculture administers lists only candy and baked goods, so check with the South Carolina Department of Agriculture before selling anything else.[1][2]
At a glance
| Permit needed | No state permit in the law. Check your city or county for local rules.[1] |
|---|---|
| Sales cap | None in the law. The rules don't apply if you net less than $1,500 a year.[1] |
| Foods allowed | Candy and baked goods that don't need refrigeration for safety. Other shelf-stable foods: confirm with SCDA first.[1][2] |
| Label statement | "NOT FOR RESALE PROCESSED AND PREPARED BY A HOME-BASED FOOD PRODUCTION OPERATION THAT IS NOT SUBJECT TO SOUTH CAROLINA'S FOOD SAFETY REGULATIONS." in capital letters, in a color that contrasts with the background. (The other state law, Section 44-1-143, which was never repealed, gives the same words without "NOT FOR RESALE".)[1][2] |
| Where you can sell | Directly to customers, and to retail stores including grocery stores. Stores must post a sign saying home-made food isn't covered by commercial food rules.[1] |
| Online and shipping | Online and mail-order sales are allowed.[1] |
| Fee | No state fee is set in the law[1] |
| Agency | South Carolina Department of Agriculture (SCDA)[1] |
Step by step
Do these in order. Each step links to the official form or page.
Check that your food is allowed
Only foods that are not "potentially hazardous" are covered. Roughly, that means foods that don't need to be kept cold or hot to stay safe; the law defines it with a list and a table of acidity (pH) and water activity (how much free water is in the food). Candy and baked goods that are not potentially hazardous are allowed under both state laws. Other such foods are allowed under Section 44-1-143, but Section 46-57-20, which the Department of Agriculture administers, still lists only candy and baked goods, so ask SCDA before selling anything else. The law counts these as potentially hazardous: animal foods (raw or cooked), cooked plant foods, raw seed sprouts, cut melons, cut leafy greens, cut tomatoes, and cut-tomato or garlic-in-oil mixtures that have not been modified to stop germ growth or toxins. Section 44-1-143 also excludes aluminum canned goods and charcuterie boards.[1][2]
Set up your home kitchen
Work from your own home. Your kitchen needs an approved water supply and sewage (public sewer or septic), a separate storage place for ingredients you use for sale, a working refrigerator, a sink with enough hot water to clean and sanitize, a separate place to wash hands, a working toilet, storage for utensils and equipment, and no sign of insects or rodents.[1]
Follow the safe handling rules while you work
Keep pets out of the work area while you make and pack food, and away from stored food. Don't do other household cooking or chores in the kitchen while you are making food to sell. Supervise anyone who helps you and make sure everyone handling the food knows and follows safe food handling. Keep away from the food anyone who has an illness that can spread through food (or carries one), an infected wound, or an acute respiratory infection.[1]
Label every item
Each packaged item needs a label that meets federal labeling law and shows your business name and address, the name of the product, the ingredients in order from most to least by weight, and the required statement in capital letters in a color that stands out from the background. Section 44-1-143 lets you ask the state for an ID number to print instead of your home address; the newer Section 46-57-20 does not mention this, so ask SCDA whether it still issues them.[1][2]
Check your city or county rules
The state rules apply only where no local ordinance says otherwise, so ask your city or county (zoning and business licence offices) whether they have their own rules for home food businesses.[1]
Sell to customers and stores
Sell directly to customers in person, online or by mail order, or to retail stores such as grocery stores. A store that carries your food must post a clearly visible sign saying home-based food products are not subject to commercial food regulations.[1]
What you can and can't sell[1][2]
Allowed
- Candy that doesn't need refrigeration
- Baked goods that don't need refrigeration
- Other foods that don't need to be kept cold or hot for safety (allowed under Section 44-1-143; confirm with SCDA, because Section 46-57-20 lists only candy and baked goods)
Not allowed
- Animal foods, raw or cooked, such as meat, poultry and seafood
- Cooked plant foods, except those the law's acidity (pH) and water activity table treats as not potentially hazardous
- Raw seed sprouts, cut melons, cut leafy greens and cut tomatoes
- Cut-tomato mixtures and garlic-in-oil mixtures, unless modified to stop germ growth or toxins
- Aluminum canned goods (excluded by Section 44-1-143)
- Charcuterie boards (excluded by Section 44-1-143)
Local rules
These places add their own requirements on top of the state rules.
- All South Carolina cities and counties: The state home-based food rules apply only where there is no local ordinance to the contrary, so a city or county may set different rules.[1][2]
Recent changes
- : Act 146 of 2026 amended Section 46-57-20 to allow online, mail-order and retail store sales, raised the small-operation exemption to $1,500 a year in net earnings, and said local ordinances take priority.[1][3]
- : Act 60 of 2023 split up DHEC (the old Department of Health and Environmental Control). Its food safety program moved to the Department of Agriculture, and the home-based food rules were added to the Agriculture title as Section 46-57-20.[2][1]
- : Act 208 of 2022 expanded Section 44-1-143 from candy and baked goods to all non-potentially hazardous foods, allowed online, mail-order and retail store sales, allowed an ID number in place of a home address, dropped "NOT FOR RESALE" from the label statement, and raised the exemption to $1,500.[2]
Frequently asked questions
Can I ship my baked goods to customers?
Yes. South Carolina allows home-based food sales online and by mail order. The law doesn't say anything about shipping to other states, which may have their own rules.[1]
Can I sell my cookies in a coffee shop or grocery store?
You can sell to retail stores, including grocery stores. The store must post a clearly visible sign saying home-based food products are not subject to commercial food regulations. The law doesn't name restaurants or coffee shops, so ask SCDA before selling to one.[1]
Do I have to put my home address on the label?
Section 44-1-143 says the state must give you an ID number to print instead, if you ask for one. The newer Section 46-57-20, which the Department of Agriculture administers, still lists name and address without that option. Ask SCDA whether it issues ID numbers.[2][1]
Can I sell cheesecake or other foods that need refrigeration?
Probably not. Only foods that are not potentially hazardous are covered, and the law counts animal foods, raw or cooked, as potentially hazardous. The law doesn't name cheesecake or cream-filled pastries, but a food that has to be kept cold is unlikely to qualify. Ask SCDA about a specific product.[1]
Will anyone inspect my kitchen?
The law says a home-based food operation is not a retail food establishment and is not regulated under the state's retail food code (Regulation 61-25), and it does not set up a permit or inspection program for home kitchens. You still have to meet the kitchen and safe handling rules in the law.[1]
I only sell a little. Do the rules apply to me?
The home-based food section does not apply to an operation that nets less than $1,500 a year. The law doesn't say what rules apply instead, so don't read this as a blanket exemption; ask SCDA if you are under that amount.[1]
Sources
- S.C. Code of Laws, Title 46, Chapter 57: Food Safety (Section 46-57-20, home-based food production), South Carolina Legislature. Checked October 25, 2026.
- S.C. Code of Laws, Title 44, Chapter 1 (Section 44-1-143, requirements for home-based food production operations), South Carolina Legislature. Checked October 25, 2026.
- H.4189 (2025-2026 session), ratified as Act No. 146 of 2026, South Carolina Legislature. Checked October 25, 2026.
Related
This page is general information, not legal advice. Rules and fees change. Before you apply or start selling, confirm the details with South Carolina Department of Agriculture (SCDA) or your local health department. Spotted something wrong or out of date?Report it and we will check it.