South Dakota: the home-kitchen movement
Full cottage food Cottage food law
South Dakota's home-processed food law (SDCL §§ 34-18-35 to 34-18-38) exempts home-produced foods from licensing, fees, and inspections entirely, with no sales cap; sellers must label products, meet pH/water-activity or training requirements for canned and certain refrigerated foods, and sell directly to consumers in person. The program is administered statewide by the Department of Health — there is no MEHKO-style program, no food-freedom act, and no county opt-in structure.
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
2024: SB 206 (animal-share agreements + independent processor grant program) was withdrawn at the prime sponsor's request on Feb 5, 2024 and did not advance. 2025: HB 1179 (labeling/sales clarifications for homemade food items, incl. disclosure formats, third-party vendor display rules, a $75 civil penalty, and meat-labeling requirements) was deferred to the 41st legislative day by House Commerce & Energy on Feb 10, 2025 and died; the codified §§ 34-18-35–38 are unchanged since SL 2022, ch 106. 2026: SB 124 was signed by Gov. Larry Rhoden on March 11, 2026 (SL 2026, ch 145; codified as § 34-18-43) — a five-year ban on selling or distributing products containing cell-cultured protein, effective July 1, 2026 through June 30, 2031 (Class 2 misdemeanor); it applies to food service establishments, not cottage-food sellers. 2026: HB 1077 (deeming cultivated-protein food adulterated) passed both chambers but was vetoed by Gov. Rhoden on Feb 10, 2026, the session's only veto. 2026: HB 1064 was signed Feb 17, 2026 — it adds a new section to ch. 39-5 allowing producers to sell uninspected meat from cattle, sheep, swine, or goats (raised by the producer at least 90 days, slaughtered at a custom-exempt plant) directly to consumers at a residence, farmers market, roadside stand, or other temporary venue, but it takes effect ONLY on the date the attorney general certifies to code counsel that federal law permits such sales; not yet in effect. Pending bills: none found as of Sept 29, 2026; the 2026 session has adjourned (governor signed 144 bills, vetoed 1) and the next regular session convenes January 2027. (Context: the last substantive cottage-food overhaul was HB 1322, SL 2022, ch 106, eff. July 1, 2022, which expanded the law beyond baked goods to all non-temperature-controlled foods plus home-canned goods and the § 34-18-36.1 TCS categories.)
Residents can find and support local kitchens through the South Dakota hub — browse kitchens, read the law guide, and see what is cooking near you.
How we got here
- 2024 — Cottage food law
2024: SB 206 (animal-share agreements + independent processor grant program) was withdrawn at the prime sponsor's request on Feb 5, 2024 and did not advance. Source - 2025 — Cottage food law
2025: HB 1179 (labeling/sales clarifications for homemade food items, incl. Source - 2025 — Cottage food law
disclosure formats, third-party vendor display rules, a $75 civil penalty, and meat-labeling requirements) was deferred to the 41st legislative day by House Commerce & Energy on Feb 10, 2025 and died; the codified §§ 34-18-35–38 are unchanged since SL 2022, ch 106. Source - 2026 — Cottage food law
2026: SB 124 was signed by Gov. 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 Dakota (name not yet verified in this research pass)
Contact the deciders
A pre-written letter in South Dakota's own terminology. The buttons open it in your email — addressed by you to the office above. Nothing sends until you press send.