Cottage Food Laws in South Dakota

South Dakota has no statewide sales cap and does not require a state permit to sell homemade, non-perishable foods directly to consumers.

Overview

South Dakota has no statewide sales cap and does not require a state permit to sell homemade, non-perishable foods directly to consumers.

Last verified: July 30, 2026 Official source: South Dakota Department of Health ↗

What Foods Can I Sell?

Allowed

  • Cookies, brownies, and bars
  • Cakes and cupcakes (no cream, custard, or perishable fillings)
  • Quick breads and yeast breads
  • Pies and pastries (fruit-based, not cream or custard)
  • Candy, fudge, and confections
  • Granola, cereals, and dry snack mixes
  • Dry baking mixes and dry herb/spice blends
  • Jams, jellies, and fruit butters
  • Honey and roasted coffee or dry tea

Not Allowed

  • Foods that require refrigeration to be safe (cream pies, cheesecakes, custards)
  • Meat, poultry, or seafood products
  • Most dairy products, including soft cheeses
  • Canned low-acid vegetables
  • Alcohol-infused products
  • Any food that needs time/temperature control for safety (TCS foods)

Where Can I Sell?

✓ Direct to Consumers
✓ Farmers Markets
✓ Online Orders
✓ Pickup
✓ Delivery
✓ Events

Revenue Limits

Annual Sales Limit
No statewide sales limit

Permits and Licensing

Required Permits

No state permit required for cottage food operations.

Food Handler Requirements

Not required for cottage food operations.

Business License

A local business license may be required.

Kitchen Inspection

Not required for cottage food operations.

Labeling Requirements

  1. Product name
  2. Ingredient list, in descending order by weight
  3. Business name and address
  4. Net weight
  5. Required disclosure statement (all capital letters, contrasting color): "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."

Not legal advice — label wording and requirements can change. Do your own research with South Dakota Department of Health before printing labels.

Starting Your Bakery Checklist

Legal disclaimer: This information is provided for educational purposes only and should not be considered legal advice. Cottage food laws change frequently. Always verify requirements with your state's official government resources.

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Frequently Asked Questions

Can I sell baked goods from home in South Dakota?

Yes. South Dakota allows home bakers to sell approved homemade goods directly to consumers under its cottage food rules. South Dakota has no statewide sales cap and does not require a state permit to sell homemade, non-perishable foods directly to consumers.

What foods can I sell under cottage food laws in South Dakota?

Typically allowed items include Cookies, brownies, and bars, Cakes and cupcakes (no cream, custard, or perishable fillings), Quick breads and yeast breads, Pies and pastries (fruit-based, not cream or custard), Candy, fudge, and confections, and similar non-perishable homemade goods. Foods that require refrigeration, such as cream pies and cheesecakes, are generally not allowed. Always confirm the current list with South Dakota Department of Health.

Do I need a permit to sell homemade cakes in South Dakota?

No state permit required for cottage food operations.

How much can a home bakery make in South Dakota?

South Dakota's cottage food annual sales limit is: No statewide sales limit.

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