Why this matters
What South Dakota actually allows — and what it doesn't.
South Dakota permits cottage food sales under SDCL 34-18-35 (Cottage Food Law); HB 1322 (2022, effective July 1, 2022). The statute sets no revenue cap on cottage food sales. No state registration is required; optional ID programs may be available for label privacy.
Annual revenue cap
South Dakota sets no cap on cottage food revenue.
Annual gross cap
Unlimited
Sales channels
Where you can sell in South Dakota — and where you can't.
Online ordering
YesYesShipping
NoFederal restriction on uninspected food crossing state lines.
Seller delivery
YesYesThird-party delivery (DoorDash, Uber Eats)
NoNoInterstate sales
NoNoWholesale to retail stores
NoNoRegistration & permits
South Dakota does not require state registration.
- Registration
Not required
- Labeling standard
Standard
- Inspection
None
- Food safety certification
Required
Type: state specific
- Address privacy
Not available
Prohibited categories
What you can't sell under cottage food rules.
- Meat Commercial
- Poultry Commercial
- Honey Commercial
- Sandwiches
- Casseroles
- Juices
- Ciders
- Take And Bake
- Flavored Oils
- Smoothies
- Prepared Salads
How to start
Steps to a legal first sale in South Dakota.
Confirm your products qualify
Verify your menu fits South Dakota's cottage food rules. Most states restrict temperature-controlled, meat, seafood, and low-acid canned items; check the prohibited-foods list above.
Complete food safety certification
South Dakota requires food safety training before you can sell cottage food. Type: state specific.
Label every product correctly
Every label must include your name (or registered ID), product name, ingredients, and allergens per South Dakota rules.
Start taking orders
South Dakota allows online orders, seller delivery. Route orders through your own channels — third-party couriers are not permitted here.