Current Law Details
One of most permissive cottage food laws. RARE: Allows home canned goods (pH ≤4.6 or water activity ≤0.85) and non-heat-processed fermented foods with temperature control - both exceptionally rare allowances nationally. $40 training required every 5 years for expanded categories (or recipe verification from processing authority). No sales cap (eliminated $5,000 limit in 2020). HB 1322 (2022) gave producers flexibility to vary canned food recipes based on seasonal availability. Online sales allowed but must deliver in-person (no mail/carrier shipping).
Registration & Training
📋Registration
- Required
- No
🎓Training
- Required
- No
Labeling Requirements
Required Statement
"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."
Additional Label Elements
- ✓Product name
- ✓Producer's name and contact information
- ✓Producer's address (primary residence)
- ✓Production date
- ✓Ingredients list (descending order by weight)
- ✓Phone number
- ✓KEEP REFRIGERATED (for products requiring ≤41°F)
- ✓KEEP FROZEN (for products requiring ≤0°F)
Allowed Sales Venues
Allowed: producer's primary residence, farmers markets, roadside stands, temporary venues (church bazaars, community festivals), events and fairs, online with in-person delivery. Direct-to-consumer only - no wholesale or retail store sales.
Shipping & Delivery
Shipping Options
- In-State
- In-Person Only
- Out-of-State
- Not Allowed
Delivery Methods
- Commercial Carriers
- Not Allowed
- Third-Party Delivery
- Not Allowed
Online ordering allowed, but delivery must be in-person by producer or household member. Cannot ship via mail, UPS, FedEx, or any commercial carriers. Customer can pick up at approved locations.
Allowed Foods
TWO-TIER SYSTEM: (1) No training: breads, cookies, cakes, pastries, candies, nuts, grains, seeds, dry mixes, whole fresh fruits/vegetables. (2) $40 training required: HOME CANNED GOODS (pH ≤4.6 or water activity ≤0.85, jams, jellies, pickled vegetables, acidified salsas, canned tomatoes), FERMENTED FOODS (non-heat-processed fermented vegetables like sauerkraut/kimchi, kombucha, maintained at ≤41°F), PERISHABLE BAKED GOODS (pies, kuchen, cheesecake, custard/cream-filled, maintained at ≤41°F), perishable sauces/pesto, frozen fruit/produce (≤0°F). Recipe flexibility: Can vary canned food recipes based on seasonal availability without third-party certification for each variation. PROHIBITED: low-acid canned goods (pH > 4.6), meat, poultry, seafood, dairy products.
Recent Legislative Updates
HB 1322
Effective: July 2022
Major expansion allowing home canned goods and fermented foods (both rare nationally). Added perishable baked goods, sauces, and frozen fruit/produce. Created two-tier system with training requirement for expanded categories. Gave producers flexibility to modify canned acid/acidified food recipes without third-party approval for each variation based on seasonal ingredient availability.
HB 1125
Effective: 2020
Eliminated $5,000 annual sales cap completely. Allowed producer or household member to deliver products. Expanded sales locations.
Important Warnings & Notes
- ⚠️Training required for canned goods, fermented foods, perishable items ($40 for 5 years)
- ⚠️Canned goods must meet pH ≤4.6 OR water activity ≤0.85 (low-acid canned goods prohibited)
- ⚠️Fermented foods must be maintained at ≤41°F consistently
- ⚠️Frozen produce must be stored at ≤0°F
- ⚠️Cannot ship via mail or commercial carriers - must deliver in-person
- ⚠️No retail store or wholesale sales - direct-to-consumer only
- ⚠️Training alternative: Recipe verification from third-party processing authority
- ⚠️Producer assumes responsibility for safety when varying canned food recipes
- ⚠️Keep training certificate current (5-year validity)
- ⚠️No routine inspections, but Department of Health may investigate complaints
Research Sources
This information was compiled from the following sources (Last updated: 2025-10-06):
- •SDCL 34-18-34 through 34-18-38
- •SDSU Extension - SD Cottage Home Processing Food Safety
- •South Dakota Legislature - HB 1322
- •South Dakota Department of Health - Food Safety Program
- •Institute for Justice - South Dakota
- •Forrager.com - South Dakota
- •Dakota Rural Action - HB 1322 Advocacy
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.
Ready to Start Your Cottage Food Business?
Now that you understand South Dakota's cottage food laws, let Cottage CMS help you build a compliant, professional website that grows your business.