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Cottage Food Laws in South Dakota

Last verified against official sources on by Amrit. How we verify

Yes. In South Dakota you can sell baked goods, high-acid canned goods and other home-made foods that don't need refrigeration without a state license, and there is no limit on how much you sell. You must label every item and sell it in person, face to face, at your home, a farmers market, a roadside stand or a similar temporary venue. If you sell canned goods, fermented foods, frozen produce or baked goods that must be kept cold, you also need a food safety course every five years (or a written recipe check for canned goods).[1][7][5][4]

At a glance

Permit neededNo state license or license fee for direct, face-to-face sales of allowed foods[5]
Sales capNone[7]
TrainingNone for baked goods and dry foods that don't need refrigeration. A state-approved food safety course every five years for canned goods, fermented foods, frozen produce and baked goods that must be kept cold.[2][3]
Label 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."[4]
Where you can sellIn person at your home, a farmers market, a roadside stand or another temporary sale venue. Not to stores or other businesses for resale.[5][7]
Online and shippingNo shipping: you, or someone who lives in your home, must hand the food to the buyer in person. The health department also lists internet sales as an example of indirect sales, which need a state license.[7][5]
AgencySouth Dakota Department of Health (DOH)[6]

Step by step

Do these in order. Each step links to the official form or page.

  1. Check that your food is allowed

    Without a license you can sell baked goods, food that doesn't need refrigeration (such as candy, dry mixes, nuts and granola), and canned goods that are high-acid (pH 4.6 or lower) or low in water (water activity 0.85 or lower). Low-acid canned foods, cut fresh produce, juices, take-and-bake doughs and prepared meals need a state license. Meat, poultry, fish, dairy, eggs and honey are regulated by other agencies and are not covered by this law.[1][2][7]

  2. Take a food safety course if you need one

    If you sell home-canned goods, fermented foods that aren't heat-processed, frozen fruit or produce, or baked goods, sauces or pesto that must be kept cold, complete a food safety course approved by the Department of Health every five years. The course must be available online. Keep proof that you finished it. For canned goods only, you can instead keep a written check of each recipe from a third-party processing authority (an outside expert in canning who confirms your processing method and that the food meets the pH or water activity limit).[2][3]

  3. Keep cold foods cold

    Fermented foods that aren't heat-processed, and baked goods, sauces and pesto that need refrigeration (such as cheesecake, soft pies, kuchen and cream-filled pastries), must be kept at 41°F or below. Home-frozen fruit and produce must be kept at 0°F or below.[3]

  4. Label every item

    The label must show the name of the product, your name, the physical address where it was made, your mailing address, your phone number, the date it was made, the ingredients, and the required statement. Foods that must be kept cold or frozen also need a line telling the buyer to keep them refrigerated or frozen.[4]

  5. If you sell by weight, certify your scale

    Anything sold by weight must be weighed on a certified "legal for trade" scale of a nationally approved (NTEP) model; registered service agents sell and repair these scales. The Office of Weights and Measures (South Dakota Department of Public Safety) must certify it every other year, for a $28 fee each time. Call 605-773-3697 to schedule. If you don't sell by weight, skip this step.[7]

    Fee: $0 to $28 ($0 if you don't sell by weight; $28 per certification, every other year, if you do)

  6. Sell face to face

    Sell in person at your home, a farmers market, a roadside stand or another temporary sale venue. You, or someone who lives in your home, must hand the food to the buyer when the sale is made.[5]

What you can and can't sell[2][3][7]

Allowed

  • Baked goods such as cookies, breads, cakes, pies, muffins and lefse
  • Baked goods that need refrigeration, such as cheesecake, kuchen and cream-filled pastries (with training, kept at 41°F or below)
  • Candy and other foods that don't need refrigeration
  • High-acid canned goods such as jams, jellies, salsas, pickles and BBQ sauce (with training or a recipe check)
  • Fermented foods such as kombucha, kimchi and sauerkraut (with training, kept at 41°F or below if not heat-processed)
  • Frozen fruit and produce (with training, kept at 0°F or below)
  • Nuts, grains, seeds, granola and dry mixes

Not allowed

  • Low-acid canned goods such as canned beans, corn, soups and meats
  • Fresh cut fruit and vegetables, and sprouts
  • Juices and ciders
  • Take-and-bake doughs and unbaked pizzas or pies
  • Prepared meals such as sandwiches, casseroles, salads and flavored oils
  • Meat, poultry, jerky, fish, dairy, eggs and honey (not covered by this law; other state or federal agencies regulate them)

What it costs

StepFee
If you sell by weight, certify your scale$0 to $28 ($0 if you don't sell by weight; $28 per certification, every other year, if you do)
Total if every fee applies to you$0 to $28

Frequently asked questions

Can I sell my baked goods in a coffee shop or store?

Not without a state license. The exemption covers only face-to-face sales at your home, a farmers market, a roadside stand or a similar temporary venue. The health department gives sales from a retail store as an example of indirect sales, which need a license.[7]

Can I take orders on Facebook or my website?

The health department lists internet sales as indirect sales that need a state license. The law also requires the sale to happen in your presence, with you or a member of your household handing over the food. If you want to take orders online, ask the Department of Health at 605-773-4945 first.[7][5]

Is there a limit on how much I can sell?

No. South Dakota has no sales cap for home-made food.[7]

Do I have to put my home address on the label?

Yes. The label must show the physical address where the food was made, as well as your mailing address and phone number.[4]

Can I sell cheesecake or other desserts that need refrigeration?

Yes, if you have completed the approved food safety course in the last five years and keep the food at 41°F or below. The label must also tell the buyer to keep it refrigerated.[3][4]

Can I hand out free samples at a farmers market?

Yes, without a license. The health department asks you to cut or prepare samples on site, use single-use containers or bite-size portions, cover open food, and set up a handwashing station with warm water, soap and paper towels.[7][6]

Can I sell home-canned green beans or salsa?

Salsa and other high-acid or pickled foods, yes, with the food safety course or a written recipe check. Green beans, corn and other low-acid canned foods, no: canned goods must have a pH of 4.6 or less or a water activity of 0.85 or less.[2][7]

What happens if I don't follow the rules?

According to the Department of Health, breaking the state law can lead to a notice of closure, which stops you selling the food.[7]

Sources

  1. SDCL 34-18-35: Sale of homemade foods and food products, South Dakota Legislature. Checked October 25, 2026. Read through the Legislature's own statute API; the reader-facing page https://sdlegislature.gov/Statutes/34-18-35 blocks automated reading.
  2. SDCL 34-18-36: Canned goods, requirements, South Dakota Legislature. Checked October 25, 2026. Read through the Legislature's own statute API; the reader-facing page https://sdlegislature.gov/Statutes/34-18-36 blocks automated reading.
  3. SDCL 34-18-36.1: Food safety training, authorized sales, South Dakota Legislature. Checked October 25, 2026. Read through the Legislature's own statute API; the reader-facing page https://sdlegislature.gov/Statutes/34-18-36.1 blocks automated reading.
  4. SDCL 34-18-37: Label requirements, South Dakota Legislature. Checked October 25, 2026. Read through the Legislature's own statute API; the reader-facing page https://sdlegislature.gov/Statutes/34-18-37 blocks automated reading.
  5. SDCL 34-18-38: Exemption from licensure, requirements, South Dakota Legislature. Checked October 25, 2026. Read through the Legislature's own statute API; the reader-facing page https://sdlegislature.gov/Statutes/34-18-38 blocks automated reading.
  6. Farmers Markets, South Dakota Department of Health. Checked October 25, 2026.
  7. Farmers Market Guidance for Market Managers & Vendors (June 2022), South Dakota Department of Health. Checked October 25, 2026.

This page is general information, not legal advice. Rules and fees change. Before you apply or start selling, confirm the details with South Dakota Department of Health (DOH) or your local health department. Spotted something wrong or out of date?Report it and we will check it.