Current Law Details
One of best cottage food laws nationally. 2018 reform removed sales cap; 2022 reforms (S.506) allowed retail/restaurant sales, online ordering, and expanded to all non-potentially hazardous foods. No permits, licenses, or training required. Optional SCDA ID number available to use instead of home address on labels. Sales within state only.
Registration & Training
📋Registration
- Required
- No
🎓Training
- Required
- No
Labeling Requirements
Required Statement
"NOT FOR RESALE—PROCESSED AND PREPARED BY A HOME-BASED FOOD PRODUCTION OPERATION THAT IS NOT SUBJECT TO SOUTH CAROLINA'S FOOD SAFETY REGULATIONS."
Additional Label Elements
- ✓Product name
- ✓Ingredients (descending order by weight)
- ✓Net weight (both customary and metric measurements)
- ✓Name and address of home-based food operation (OR SCDA ID number instead of address)
- ✓Allergen statement (major food allergens)
Allowed Sales Venues
Allowed: direct sales (farmers markets, flea markets, special events, roadside stands, home delivery), online sales within state, mail order within state, retail stores, restaurants (for resale in packaged form, NOT as ingredients without DHEC variance). Retail stores must post signage that products are not subject to commercial food regulations.
Shipping & Delivery
Shipping Options
- In-State
- Allowed
- Out-of-State
- Not Allowed
Delivery Methods
- Commercial Carriers
- Allowed
- Third-Party Delivery
- Allowed
Online and mail order sales allowed within South Carolina only. Products may NOT be sold across state lines. All sales must remain within state boundaries.
Allowed Foods
ALL NON-POTENTIALLY HAZARDOUS FOODS allowed. Includes: all baked goods, all candy/confectioneries, chocolate-covered high-acid fruits, cereals, coffee beans, dried fruits/vegetables, herbs/spices/seasonings, tea leaves, pasta noodles, crackers, pretzels, fruit leathers, granola, kettle corn, marshmallows, nuts/seeds, popcorn, vegetable chips, mixes for dry goods. PROHIBITED: meat (including jerky), dairy requiring refrigeration, low-acid canned fruits, salsa (unless high-acid), fish/shellfish, cut fresh fruits/vegetables, aluminum canned goods, charcuterie boards.
Recent Legislative Updates
Regulatory Transfer (Act No. 60, S.399)
Effective: July 1, 2024
Food safety duties transferred from SC Department of Health and Environmental Control (DHEC) to SC Department of Agriculture (SCDA). No substantive changes to cottage food requirements.
S.506
Effective: May 23, 2022
Major reform: Expanded food types to 'all non-potentially hazardous foods', added direct sales to retail stores, allowed online and mail order direct-to-consumer sales, enabled distribution through restaurants and retail establishments, allowed SCDA ID number on labels instead of home address.
Amendment to § 44-1-143
Effective: 2018
Removed $15,000 annual sales cap, eliminating all sales limits. Critical step toward making SC one of most permissive states.
Important Warnings & Notes
- ⚠️In-state sales only - cannot ship across state lines
- ⚠️Restaurant use: products can be resold packaged, but NOT used as ingredients without DHEC variance
- ⚠️Retail stores must post signage indicating products not subject to commercial food regulations
- ⚠️Business license required for tax purposes (not food safety requirement)
- ⚠️Apply for optional SCDA ID number to protect privacy (use instead of home address)
- ⚠️Director of Health may inspect at any time for compliance or foodborne illness investigation
- ⚠️No canned goods, jams, jellies, or acidified foods allowed (use all non-potentially hazardous definition)
Research Sources
This information was compiled from the following sources (Last updated: 2025-10-06):
- •SC Code Title 44-1-143
- •SC Code Title 46 Chapter 57
- •SC Department of Agriculture (2024 Official Guidance)
- •SC Legislature - Senate Bill 506
- •Clemson University Extension - HGIC
- •Institute for Justice - South Carolina
- •Forrager.com - South Carolina
Important Legal Disclaimer
This information is for educational purposes only and should not be considered legal advice. Cottage food laws change frequently and vary by local jurisdiction. Always verify current regulations with your state and local health departments before starting your business.
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