Cottage food label requirements in South Dakota
Home-processed food licensure exemption (homemade foods), SDCL 34-18-35, 34-18-36, 34-18-36.1, 34-18-37, 34-18-38. Regulated by South Dakota Department of Health. Checked against state sources on .
The statement your label needs
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.
No type-size rule stated for the statement; keep it clearly legible.
What is different in South Dakota
- Kuchen, cheesecake and custard/cream-filled baked goods allowed if kept at or below 41F and producer completed training
- Food safety training renewed every five years for canned and TCS items
- Label must include production date and producer phone number
- Exemption requires sale in seller's physical presence with personal delivery
- Permit
- No permit or registration for most baked goods. Exempt from licensing and license fees if sold in person at listed venues. Canned goods and TCS/fermented/frozen items require department-approved online food safety training every five years (or third-party recipe verification for canned goods).
- Sales cap
- No annual sales cap found in state sources
- Where you can sell
- In the seller's physical presence at the seller's primary residence, a farmer's market, a roadside stand, or another temporary sale venue; seller or household member personally delivers to the buyer at completion of sale.
- Online orders
- Not addressed clearly by state sources
- Ship in state
- No
- Ship out of state
- No
- Sell to shops / cafés
- No
- Allowed foods
- Non-temperature-controlled foods, baked goods, and home-processed canned goods (pH 4.6 or less or water activity .85 or less). With food safety training: refrigerated kuchen/cream or custard baked goods, cheesecake, sauces, pesto, fermented foods, and frozen produce.
What a South Dakota cottage food label must show
- Name of the product
- Name of the producer
- Physical address where the product was made
- Producer's mailing address
- Producer's telephone number
- Date the product was made or processed
- Ingredients
- For TCS/fermented/frozen foods under 34-18-36.1: directive to keep refrigerated or frozen
- The required disclaimer (above)
Federal rules still apply on top: ingredients in descending order by weight (21 CFR 101.4), the nine major allergens declared by name (FALCPA and the FASTER Act), and net quantity in ounces and grams (21 CFR 101.7). South Dakota’s sources do not clearly address online orders — ask the agency before you set up a web shop. Mailing or shipping is not allowed, and products may not cross state lines.
Make a South Dakota label now
The South Dakota statement is already on it. Type your ingredients, tick the allergens and print on Avery sheets or a thermal roll. To have the ingredient order and allergens worked out from a costed recipe, use the workbench.
Still missing: business name and address.
Print at 100% scale with no margins. Check the result against South Dakota’s rules above before selling.
True size. South Dakota statement.
South Dakota cottage food questions
What statement has to be on a South Dakota cottage food label?
South Dakota requires: “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.”.
Do I need a permit to sell baked goods from home in South Dakota?
No permit or registration for most baked goods. Exempt from licensing and license fees if sold in person at listed venues. Canned goods and TCS/fermented/frozen items require department-approved online food safety training every five years (or third-party recipe verification for canned goods).
Is there a sales limit for cottage food in South Dakota?
No annual cap appears in the state sources we checked. No sales cap in statute.
Can I sell cottage food online or ship it in South Dakota?
South Dakota’s sources do not clearly address online orders — ask the agency before you set up a web shop. Mailing or shipping is not allowed, and products may not cross state lines.
Sources
- SDCL 34-18-37 Label requirements (statute)
- SDCL 34-18-38 Exemption from licensure requirements (statute)
- SDCL 34-18-36.1 Food safety training--Authorized sales (statute)
- SDCL 34-18-35 Sale of homemade foods and food products (statute)
- South Dakota Department of Health (agency)
Checked October 17, 2026. This is a checklist built from the sources above, not legal advice. Rules change; your county or the agency has the final word. Spotted something out of date? The about page explains how we check.
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