Cottage Food Laws in South Dakota (2026)
Complete guide to South Dakota's cottage food laws: No cap (unlimited) annual limit, no registration required, and online sales allowed.
South Dakota has no sales cap and no formal registration requirement. Expanded product categories (canned goods, fermented foods, perishable baked goods, frozen produce) require completion of a $40 state-certified food safety training valid for 5 years. Shipping via mail or common carrier is prohibited; all sales must be direct-to-consumer with personal delivery.
Quick Facts for South Dakota
Annual Sales Limit
No cap (unlimited)
Registration/Permit
No formal registration, license, or permit required. However, a $40 state-certified food safety training (valid 5 years) is required before selling certain product categories like canned goods, fermented foods, and perishable baked goods.
Kitchen Inspection
No inspection required
Food Handler Certification
Not required
Online Sales
Yes — online ordering allowed
Governing Agency
Legislation: SDCL 34-18-35 through 34-18-38; HB 1222 (2011); HB 1125 (2020); HB 1322 (2022)
What You Can Sell in South Dakota
Allowed Products
- Cookies, cakes, breads, muffins, and rolls
- Hard candies and confections
- Lefse and other cultural baked goods
- Nuts, grains, seeds, and dry mixes
- Jams, jellies, and preserves
- Home-canned high-acid foods (with training)
- Fermented foods maintained at 41°F or below (with training)
- Cream-filled and custard-filled baked goods (with training)
- Pies and cheesecakes (with training)
- Frozen fruit and produce at 0°F or below (with training)
Not Allowed
- Low-acid canned foods without approval
- Products requiring time/temperature control sold at room temperature
- Items shipped via mail or common carrier
- Wholesale or retail distribution
Where You Can Sell in South Dakota
Labeling Requirements in South Dakota
Every product you sell must include these on the label:
How to Start a Cottage Food Business in South Dakota
Verify your products are allowed
South Dakota allows specific non-potentially-hazardous foods. See the allowed products list above. If your product isn't listed, check with South Dakota Department of Health.
Consider food safety training (optional)
South Dakota does not require food handler certification, but taking one builds customer trust and helps you follow best practices.
No registration needed — just start
South Dakota does not require registration, permits, or licenses for cottage food operations. You can start selling immediately.
Set up proper labeling
South Dakota requires specific label elements on every product. See the labeling requirements section above for the exact list.
Start selling
Begin selling at approved venues in South Dakota. Track your sales to stay within the No cap (unlimited) annual limit.
Need more help?
Ask our AI assistant about South Dakota's specific cottage food requirements, labeling rules, and selling venues.
Chat with AI AssistantCottage food laws change frequently. This guide is for informational purposes only. Always verify current requirements with South Dakota's department of agriculture or health department before starting a cottage food business.