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
NoNoLicense, permit & registration
South Dakota does not require state registration for basic cottage food sales.
Do you need a cottage food license or permit in South Dakota? For basic cottage foods, South Dakota does not require a separate license or permit — but other rules can still apply.
- Registration
Not required
- Labeling standard
Standard
- Inspection
None
- Food safety certification
Required
Type: state specific
- Address privacy
Not available
Food categories
Foods the basic cottage food rules usually do not cover.
- 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
Compare your menu against South Dakota's cottage food rules. Temperature-controlled, meat, seafood, and low-acid canned items often require a different path; check the state-specific food categories 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.
Frequently asked
South Dakota cottage food — your questions answered.
Do I need a cottage food license in South Dakota?
No. HB 1322 (2022) broadened South Dakota's cottage food law, so you can sell shelf-stable homemade foods directly with no license and no revenue cap. You can also take online orders, though shipping is limited.
Can I sell sandwiches, casseroles, or take-and-bake meals in South Dakota?
No — sandwiches, casseroles, and take-and-bake items are specifically excluded, along with commercial meat, poultry, honey, and juices. The path to yes for prepared meals is a licensed or inspected kitchen. Shelf-stable baked goods and preserves you can sell directly.
What kind of food can I sell from home in South Dakota?
After HB 1322 (2022), South Dakota lets you sell shelf-stable homemade foods with no permit and no revenue cap, but the excluded list is specific: commercial meat, commercial poultry, commercial honey, sandwiches, casseroles, juices, ciders, take-and-bake products, flavored oils, smoothies, and prepared salads. Build the menu around clearly allowed baked goods and preserves before it goes public.
Does South Dakota require food safety training before selling?
Yes. South Dakota charges no permit and sets no revenue cap, but sellers must complete the state's required food safety training before selling. Finishing that training and checking your menu against the prohibited list are the two steps to clear before orders start.
Can I ship or deliver cottage food orders in South Dakota?
Within the state, yes. South Dakota allows online ordering, in-state shipping, seller delivery, and third-party delivery, but not interstate sales. Keeping pickup and delivery boundaries inside South Dakota keeps the order flow on the right side of that line.
South Dakota cottage food laws: what is the short version?
South Dakota does not require state registration for basic cottage food sales. The cited state sources do not list a revenue cap. South Dakota allows online orders, seller delivery for cottage food sellers. South Dakota also has a path for prepared or time/temperature-control foods, and that path has separate state rules.
Do I need a cottage food license or permit in South Dakota?
Not for the basic cottage food path, based on the state sources cited on this page. South Dakota also has a path for prepared or time/temperature-control foods, and that path has separate state rules. South Dakota may still have label, food-category, local zoning, or other business rules, so check the official source before you sell.
What foods can I sell from home in South Dakota?
South Dakota's basic cottage food rules mainly cover foods that do not need time or temperature control for safety. South Dakota also has a path for prepared or time/temperature-control foods, and that path has separate state rules. Common no-go categories include meat commercial, poultry commercial, honey commercial, sandwiches, casseroles.