All across the United States, Americans are making food at home to sell in their communities. Together, they form a small but growing industry—the homemade or “cottage food” industry. The movement fits within a larger trend toward healthy eating and responsible sourcing, as consumers take greater interest in where their food comes from and who makes it. South Dakota has allowed cottage food sales since the passage of the Home-Processed Food Law in 2010. Reforms passed in 2020 and 2022 made it much easier to start a cottage food business and greatly expanded the varieties of food that could be sold.
| Grades For Homemade Food Laws | South Dakota |
|---|---|
| Final Grade | B |
| Food Varieties Grade | B |
| Sales and Venue Restrictions Grade | B |
| Regulatory Burdens Grade | B |
For more information about how the state was graded, see the Baking Bad report page.
South Dakota cottage food types
| Food Varieties | South Dakota |
|---|---|
| What Shelf-Stable Foods Can I Sell in South Dakota? | No restrictions |
| Can I Sell Refrigerated Baked Goods in South Dakota? | Yes |
| Can I Sell Meat in South Dakota? | No |
| Can I Sell Acidified or Pickled Foods in South Dakota? | Yes |
| Can I Sell Low-Acid Canned Goods in South Dakota? | No |
| Can I Sell Fermented Foods in South Dakota? | Yes |
Many states regulate “cottage food,” meaning food made in a home kitchen for sale. South Dakota cottage food producers may sell “non-temperature-controlled baked goods” and “non-temperature-controlled home-processed canned goods,” including baked goods like breads and cookies, along with candy, pickles, syrups, sauces, dried fruit, pastries, jams, jellies and granola. Thanks to the 2022 reform, South Dakotans can also sell kuchen, sauces, pesto and baked goods that require refrigeration, including cheesecake and pies filled with cream or custard, as well as fermented foods.
South Dakota cottage food venues
| Sales and Venue Restrictions | South Dakota |
|---|---|
| Annual Sales Cap | No limit |
| Where Can I Sell Homemade Food Direct to Consumers in South Dakota? | No restrictions |
| Can I Sell Homemade Food to Retail Outlets Like Restaurants and Grocery Stores? | No |
| Online Orders | Yes |
| Mail Delivery | No |
South Dakota cottage food producers must sell their products directly to the end consumer in-person at the seller’s primary residence, a farmers’ market, a roadside stand or other temporary venue. South Dakota cottage food producers may advertise and sell their products online, but delivery must occur in-person. South Dakota cottage food producers may not sell via third-party vendors like restaurants, grocery stores and coffeeshops. South Dakota does not impose a sales cap.
Getting started in South Dakota
| Regulatory Burdens | South Dakota |
|---|---|
| Inspections Required Before Starting | No |
| Are Local Ordinances Preempted or Overridden? | No |
| License, Permit or Registration Required | No |
| Recipe Approval or Lab Testing Required | Only for selling canned goods. |
| Food Handler Training Required | Only for selling canned goods. |
South Dakota does not require inspections or licenses for cottage food businesses. Those who want to sell canned goods must complete a food safety training once every five years or submit their recipes for verification from a “third-party processing authority.”
South Dakota cottage food labels
South Dakota cottage food producers must attach labels on their products with the following information: Name of the product; name, address and phone number of the producer; date the product was made or processed; ingredients; and a disclaimer that states: “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.”
South Dakota cottage food facts
Myths about cottage food abound. Here are the facts:
- Cottage food is safe. Critics who talk about the risk of food-borne illness give hypothetical examples of what could go wrong because real-world cases are rare or nonexistent.
- Cottage food is local. When neighbors trade with neighbors, money stays in the local economy.
- Cottage food is transparent. People who buy from a cottage food producer know what they get. If they have questions about ingredients, sourcing or safety, they can ask.
- Cottage food creates jobs. Many homemade food producers use their income to provide for their families. Others seek a secondary or supplemental income.
- Cottage food empowers women. IJ cottage food research shows that most cottage food producers are women, and many live in rural areas with limited economic opportunity.
- Cottage food expands consumer choice. Some stores simply don’t sell what you want. This is especially true if you have a gluten-free, peanut-free, halal, kosher or vegan diet. Cottage food fills market gaps, giving consumers more options.
South Dakota cottage food resources
As part of its Food Freedom Initiative, the Institute for Justice provides a variety of resources for home bakers and other food entrepreneurs. These include:
- Model Food Freedom Act from the Institute for Justice guides activism efforts at state capitols nationwide.
- Flour Power: How Cottage Food Entrepreneurs Are Using Their Home Kitchens to Become Their Own Bosses surveys 775 cottage food producers in 22 states about what their businesses mean to them.
- Ready to Roll highlights nine lessons from the Institute for Justice’s cottage food victory in Wisconsin.
- The Attack on Food Freedom examines the impact of regulations on farmers, chefs, artisans, restaurateurs, food truck operators and others.
Support South Dakota legislation
Help expand cottage food laws in South Dakota by teaming with the Institute for Justice. Send an email with your name, background information and availability to get started…
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The Institute for Justice is a nonprofit, public-interest law firm dedicated to the protection of constitutional rights, including the right of individuals to produce, procure, and consume homemade foods free from unnecessary and anti-competitive regulations.
Defending homemade food freedom nationwide
People have a right to earn an honest living without arbitrary and excessive government interference. Since 2013, the Institute for Justice has defended home bakers and chefs as part of its Food Freedom Initiative. Read about IJ’s nationwide food freedom advocacy…
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All information, content, and materials available on this site are for general informational purposes only and does not constitute legal advice. Statutes, regulations, and processes are subject to change at any time, and specific facts and circumstances could alter how they are applied. If you have questions about the regulation of cottage foods in your jurisdiction, we recommend consulting a lawyer who can help you navigate the process.