South Dakota's Cottage Food Law

South Dakota allows individuals to produce and sell homemade food products directly to consumers under its cottage food provisions. If you operate out of your home kitchen and keep your annual sales below the state threshold, you don't need a commercial kitchen or food processing license. Covered products are generally non-potentially-hazardous foods, meaning items that don't require refrigeration to stay safe, including baked goods, jams, and candies.

You can sell your cottage food products at farmers markets, roadside stands, fairs, and through direct sales to the end consumer. Online orders are permitted, which means you can take orders through a website or social media. Shipping is not allowed, so all transactions must result in in-person pickup or local delivery directly to the buyer. You cannot sell through retail stores or third-party storefronts.

Your annual gross sales are capped at $65,000, which is one of the higher limits in the country and gives your business real room to grow. No permit, license, or state registration is required before you start selling. South Dakota's relatively high revenue cap and lack of permit requirements make it a straightforward state to operate in. If you're ready to start, you can begin selling as soon as your products and labels are ready.

Quick Summary

South Dakota cottage food law allows:

  • Baked goods (breads, cookies, cakes, muffins, pastries)
  • Jams, jellies, and preserves
  • Candies and confections
  • Dry herbs and herb blends
  • Roasted nuts and nut mixes
  • Granola and cereals

Not allowed:

  • Meat and poultry products
  • Dairy-based products requiring refrigeration
  • Foods containing cream or custard fillings
  • Canned low-acid vegetables
  • Fermented or acidified foods not shelf-stable
  • Fruit butters with low pH requiring pressure canning

Sales limit: $65,000 per year

Annual Limit

$65,000/year

Permit Required

No

Online Orders

Allowed

Shipping

Not Allowed

Permitted Foods

  • Baked goods (breads, cookies, cakes, muffins, pastries)
  • Jams, jellies, and preserves
  • Candies and confections
  • Dry herbs and herb blends
  • Roasted nuts and nut mixes
  • Granola and cereals
  • Honey
  • Dry pasta

Prohibited Foods

  • Meat and poultry products
  • Dairy-based products requiring refrigeration
  • Foods containing cream or custard fillings
  • Canned low-acid vegetables
  • Fermented or acidified foods not shelf-stable
  • Fruit butters with low pH requiring pressure canning

Labeling Requirements

  • Producer's full name and home address
  • Product name
  • Complete ingredient list in descending order by weight
  • Major food allergen disclosure
  • Net weight or net volume
  • Statement that the product was made in a home kitchen not inspected by the state

Starting a Home Bakery in South Dakota

Once you understand the cottage food rules, most South Dakota home bakers focus on three things:

  • Pricing recipes so they are profitable
  • Creating compliant labels
  • Managing orders and preorders

endvr helps South Dakota bakers do all three in one place.

Tools for South Dakota Cottage Food Bakers

Create compliant labels in seconds

endvr's label maker automatically includes the South Dakota required disclaimer and allergen labeling — so your labels are always inspection-ready.

South Dakota allows online orders

Launch an online bakery storefront

Since South Dakota permits online cottage food sales, endvr gives you a simple storefront where customers can browse, preorder, and pay — no website required.

Common Questions South Dakota Bakers Ask

Can I sell baked goods from home in South Dakota?+
Yes. South Dakota's cottage food law permits individuals to produce and sell certain non-potentially-hazardous foods from their home kitchen directly to consumers without a commercial kitchen license.
Do I need a permit to sell cottage food in South Dakota?+
No permit is required in South Dakota to sell cottage food products, though you must still comply with labeling requirements and sales restrictions.
How much can I earn selling cottage food in South Dakota?+
South Dakota cottage food producers may earn up to $65,000 per year from direct sales. Sales above this limit may require a commercial food license.
Can I take orders online in South Dakota?+
Yes. South Dakota permits online orders for cottage food products. However, products must typically be delivered directly to the buyer in person — shipping is not permitted.
Can I ship cottage food products in South Dakota?+
No. South Dakota does not allow shipping of cottage food products. Sales must be completed through direct, in-person transactions with the consumer.
What foods can I sell from home in South Dakota?+
Under South Dakota's cottage food law, permitted products include Baked goods (breads, cookies, cakes, muffins, pastries), Jams, jellies, and preserves, Candies and confections, Dry herbs and herb blends, Roasted nuts and nut mixes, Granola and cereals and others. Generally, any food that does not require refrigeration for safety qualifies. Foods with cream, custard, or meat fillings are typically not allowed.
What labeling is required to sell cottage food in South Dakota?+
South Dakota requires cottage food labels to include: Producer's full name and home address; Product name; Complete ingredient list in descending order by weight; Major food allergen disclosure.

Bill tracking data provided by LegiScan