South Carolina: the home-kitchen movement
Full cottage food Cottage food law
South Carolina's Home-Based Food Production Law (S.C. Code 46-57-20, the 'Cottage Law') lets individuals sell nonpotentially hazardous (non-TCS) foods made in their home kitchen directly to consumers - in person, online, or by mail order - and to retail stores, with no permit, license, fee, or inspection, and no sales cap. It is administered statewide by the SC Department of Agriculture (since July 1, 2024, when it moved from DHEC).
Status, history, and administering agency are verified from the state law guide's primary sources. Supporter/opposition research for this state is still in progress — nothing is listed until it can be sourced.
Where it stands
2022 - S.506 (Act 208), signed and effective 5/23/2022: expanded the law from 'candy and baked goods' to all nonpotentially hazardous foods; allowed online and mail-order direct sales and sales to retail stores (stores must post an uninspected-kitchen sign); made home-based products an approved source; raised the small-operation exemption from $500 to $1,500 in net earnings; added $100-per-violation fines; let operators use an SCDA-issued ID number instead of their address; excluded aluminum canned goods and charcuterie boards. 2023-2024 - Act 60 of 2023 (S.399), effective 7/1/2024: administration transferred from DHEC to the SC Department of Agriculture, and the law was renumbered from 44-1-143 to 46-57-20. 2024 - S.915 (an omnibus health-agency bill that contained home-based-food amendments in section 149) did not pass. Pending (2025-2026 session): H.3182, a joint resolution proposing a constitutional amendment (new Article I, Section 26) recognizing an inalienable right to grow, produce, and consume food of one's choosing - introduced 1/14/2025, currently in House Judiciary; a constitutional amendment needs a two-thirds legislative vote plus a voter referendum. H.3214, a three-year pilot program for public school-based community canneries for personal-use canning (food canned there may not be sold) - passed the House 5/1/2025, currently in Senate Education Committee. No scheduled sales-cap changes; South Carolina has no MEHKO/microenterprise program and no food freedom act.
Residents can find and support local kitchens through the South Carolina hub — browse kitchens, read the law guide, and see what is cooking near you.
Cottage food fight in South Carolina
- 2022 — Cottage food law
2022 - S.506 (Act 208), signed and effective 5/23/2022: expanded the law from 'candy and baked goods' to all nonpotentially hazardous foods; allowed online and mail-order direct sales and sales to retail stores (stores must post an uninspected-kitchen sign); made home-based products an approved source; raised the small-operation exemption from $500 to $1,500 in net earnings; added $100-per-violation fines; let operat Source
How we got here
- 2022 — Cottage food law Cottage food fight
2022 - S.506 (Act 208), signed and effective 5/23/2022: expanded the law from 'candy and baked goods' to all nonpotentially hazardous foods; allowed online and mail-order direct sales and sales to retail stores (stores must post an uninspected-kitchen sign); made home-based products an approved source; raised the small-operation exemption from $500 to $1,500 in net earnings; added $100-per-violation fines; let operat Source - 2023 — Cottage food law
2023-2024 - Act 60 of 2023 (S.399), effective 7/1/2024: administration transferred from DHEC to the SC Department of Agriculture, and the law was renumbered from 44-1-143 to 46-57-20. Source - 2024 — Cottage food law
2024 - S.915 (an omnibus health-agency bill that contained home-based-food amendments in section 149) did not pass. Source - 2025 — Cottage food law
Pending (2025-2026 session): H.3182, a joint resolution proposing a constitutional amendment (new Article I, Section 26) recognizing an inalienable right to grow, produce, and consume food of one's choosing - introduced 1/14/2025, currently in House Judiciary; a constitutional amendment needs a two-thirds legislative vote plus a voter referendum. Source
Supporters
Supporter research for this state is in progress — nothing is listed until it can be sourced.
Opposition
No on-record opposition has been verified for this state yet.
The deciders
Governor
Office of the Governor of South Carolina (name not yet verified in this research pass)
Contact the deciders
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