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Cottage food laws

South Dakota Cottage Food Law

Can you sell homemade food from your home kitchen in South Dakota? Here are the sales cap, allowed foods, where you can sell, and the point where you must move into a licensed commercial kitchen.
Educational summary, not legal advice — cottage food rules change; confirm with the state before you sell.
Program
Cottage Food / Home-Processed Foods
Annual sales cap
No cap
Where you can sell
Direct/in-personFarmers marketsHome pickupOnline
Registration / to start
No license for non-TCS/standard baked goods; TCS/canned/fermented items require $40 SD DOH online training (valid 5 yrs)
Allowed foods
Cookies, rolls, cakes, confections, muffins, breads, lefse, hard candies, dry mixes; plus (with training) perishable baked goods, frozen fruits, home-canned goods, fermented foods, pesto
Not allowed
Meats, poultry, eggs, jerky, seafood, dairy products, honey
When you need a commercial / commissary kitchen
Selling meat/dairy/poultry or scaling beyond home production requires a licensed kitchen
Administered by
South Dakota Department of Health (SD DOH) · S.D. cottage food law (uses pH/water-activity TCS determinations)

Source: South Dakota Department of Health (SD DOH). Cottage food laws change often — confirm current rules before selling.

Good to know

Removed the prior $5,000 cap. Unusually broad — with $40 DOH training you can sell perishable/TCS baked goods, home-canned goods, frozen produce and pesto.

Outgrowing cottage food? When you need a licensed kitchen, see South Dakota food-business requirements, estimate the build with the cost-to-open calculator, and check whether you need a hood.

Frequently asked

Can I sell homemade food in South Dakota?
Yes. South Dakota has a cottage food framework (Cottage Food / Home-Processed Foods) that lets individuals make and sell certain non-hazardous foods from a home kitchen. There is no sales cap. You still must follow the state's rules on allowed foods, labeling, and where you can sell. Administered by South Dakota Department of Health (SD DOH).
What foods can I sell under South Dakota's cottage food law?
Cookies, rolls, cakes, confections, muffins, breads, lefse, hard candies, dry mixes; plus (with training) perishable baked goods, frozen fruits, home-canned goods, fermented foods, pesto Not allowed: Meats, poultry, eggs, jerky, seafood, dairy products, honey
When do I need a commercial or commissary kitchen in South Dakota?
Selling meat/dairy/poultry or scaling beyond home production requires a licensed kitchen At that point, see the requirements and permit fees for your area.
Do I need a license or registration for cottage food in South Dakota?
No license for non-TCS/standard baked goods; TCS/canned/fermented items require $40 SD DOH online training (valid 5 yrs)
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