Home food business guide · Last reviewed October 2026
Cottage Food Laws in South Dakota
South Dakota has no annual sales cap on most home food sales (No cap). Getting started: Food safety course every 5 years for higher-risk items. Some foods that need refrigeration are allowed, with conditions, which is less common. Of the 40 common products in our finder, 27 can be made in a home kitchen in South Dakota, many with conditions.
Limited sources. The detailed rules for South Dakota rely on 2022 state guidance. They may be out of date or incomplete, so confirm with the state agency before relying on them.
Quick facts
Sales cap
No cap
Permit or registration
Food safety course every 5 years for higher-risk items
Online & shipping
In person only; household delivery after sale; no online sales
Sell through stores
No stores or wholesale
Refrigerated & TCS foods
Refrigerated baked goods and canned acidified foods, with training
Quick facts are summarized from 50-state trackers (Ardent Seller, reviewed October 1, 2026, cross-checked with PermitDeck and Food Business Pros). Where the details below differ, follow the state sources listed at the bottom of this page and confirm with the agency.
How 40 common products are treated in South Dakota, with the condition or reason for each. Items marked "general rule" weren't specifically addressed in the state's guidance.
Garlic or herb-infused oil. General rule, not specifically addressed in this state's guidance; ask the agency to confirm. Garlic or herbs in oil carry a botulism risk and need a validated commercial process.
Home-cooked meals. Prepared foods like casseroles and sandwiches need a license.
Kombucha. General rule, not specifically addressed in this state's guidance; ask the agency to confirm. Fermented beverages need a commercial kitchen, and producers monitor alcohol, since at 0.5% ABV or more it is treated as an alcoholic beverage.
Infused honey. Honey is regulated by another agency.
Beef jerky. General rule, not specifically addressed in this state's guidance; ask the agency to confirm. Meat products need USDA or state meat inspection, regardless of kitchen.
Vanilla extract. Not clearly addressed in the state's guidance; ask the agency.
How to start selling from home
Check that the product is on South Dakota's list. Canned goods must reach pH 4.6 or below or water activity 0.85 or below.
For canned, fermented, frozen, or refrigerated baked goods, take an approved food safety course every five years, or keep a process authority's written verification of each recipe.
Sell in person from your home, at farmers markets, or at other temporary venues. You or someone in your household can deliver after the sale. No online, store, or wholesale sales.
Label every package (see the checklist below).
Legal paths
Home-processed foods
Where
Your home
Sell
In person at your home, farmers markets, and temporary venues; you can deliver after the sale. No online, store, or wholesale sales.
Sales cap
None
Paperwork
Food safety course every five years for canned, fermented, frozen, or refrigerated items
Commercial kitchen
Where
A licensed commercial kitchen
Sell
Online, stores, prepared foods, and juices
Sales cap
None
Paperwork
Department of Health license; usually FDA registration
Commercial canning
Where
Licensed commercial facility
Sell
Low-acid canned foods
Sales cap
None
Paperwork
Process authority review, FDA scheduled-process filing
Label requirements
Required by the South Dakota Department of Health on each package.
“This product was not produced in a commercial kitchen. It has been home-processed in a kitchen that may also process common food allergens…”. Followed by the major allergens, such as nuts, peanuts, eggs, soy, wheat, milk, fish, and shellfish.
Product name
Producer's name, physical production address, mailing address, and phone
Date made or processed
Ingredients
“Refrigerate” or “freeze” if required
Turning a recipe into a product?
Mendocino Food Consulting helps food entrepreneurs with food science, formulation, and process questions. We are food scientists, not attorneys, and we don't provide legal advice.