Start a home kitchen in South Dakota
The steps, the costs, where to apply, and how to get inspection-ready — in South Dakota's own program terms.
Cottage food law
Sales cap: No sales cap. Neither the statute (SDCL §§ 34-18-35 to 34-18-38) nor the SD Department of Health's farmers-market guidance imposes any monetary limit on homemade-food sales. No scheduled change.
Allowed foods: Allowed: non-temperature-controlled food prepared at a residence (baked goods, jams, pickles, freeze-dried mixes, etc.); home-processed canned goods with pH of 4.6 or less or water activity of 0.85 or less; and, only with food-safety training (or third-party process verification), non-heat-processed fermented foods kept at or below 41°F, TCS baked goods (soft pies, cheesecake, custard/cream-filled), sauces and pesto kept at or below 41°F, and home-processed frozen fruit/produce kept at or below 0°F. Not allowed: meats, poultry, seafood, jerky, dairy, and eggs, which fall under separate USDA or state inspection jurisdiction; alcohol; and any other time/temperature-controlled food not listed in § 34-18-36.1.
🥧 Cottage track in South Dakota
🥧 Cottage Food — Shelf-Stable Cottage food law — the shelf-stable track: preorder / pickup, never reservations.
No permit required in South Dakota for this track — makers are not “permitted”; they follow the cottage food rules.
Allowed foods: Allowed: non-temperature-controlled food prepared at a residence (baked goods, jams, pickles, freeze-dried mixes, etc.); home-processed canned goods with pH of 4.6 or less or water activity of 0.85 or less; and, only with food-safety training (or third-party process verification), non-heat-processed fermented foods kept at or below 41°F, TCS baked goods (soft pies, cheesecake, custard/cream-filled), sauces and pesto kept at or below 41°F, and home-processed frozen fruit/produce kept at or below 0°F.
Prohibited foods: meats, poultry, seafood, jerky, dairy, and eggs, which fall under separate USDA or state inspection jurisdiction; alcohol; and any other time/temperature-controlled food not listed in § 34-18-36.1.
Sales cap (cottage track): No sales cap. Neither the statute (SDCL §§ 34-18-35 to 34-18-38) nor the SD Department of Health's farmers-market guidance imposes any monetary limit on homemade-food sales. No scheduled change.
Labeling (from the published steps):
- Label all products per § 34-18-37 and sell only direct-to-consumer in person at your primary residence, a farmers market, a roadside stand, or other temporary sale venue.
Where you may sell (from the published rules):
- If selling canned goods or § 34-18-36.1 refrigerated/frozen items: complete Department-approved online food-safety training every 5 years and keep records (training provider fee, if any — Could not verify from a primary source)
- If selling home-canned goods or § 34-18-36.1 refrigerated/frozen items, complete the department-approved online food-safety training (every 5 years) or get written third-party verification of each recipe
- Sell only directly to consumers in your physical presence — at your primary residence, a farmers market, a roadside stand, or another temporary sale venue — and personally deliver (or have a household member deliver) each sale to the buyer
- Do not sell wholesale, to retail stores, or online without a state food license
- Check any farmers market or venue's own rules and collect/remit sales tax as applicable.
🌮 Street track in South Dakota
🌮 Street Food — Sidewalk & Mobile
Street and mobile vendors do not cook from home kitchens — a different permit stack, and walk-up sales only.
No distinct street-vendor (sidewalk / mobile) regime is documented in South Dakota's published data on this site yet — mobile food is permitted separately from home kitchens; check with the local health department.
The permit steps
- No license, permit, or kitchen inspection is required for qualifying home-produced foods — SDCL § 34-18-38 exempts sellers at their primary residence from the chapter's licensing and license-fee provisions.
- If selling canned goods or § 34-18-36.1 refrigerated/frozen items: complete Department-approved online food-safety training every 5 years and keep records (training provider fee, if any — Could not verify from a primary source); a written third-party process verification of each recipe may substitute for the training.
- Label all products per § 34-18-37 and sell only direct-to-consumer in person at your primary residence, a farmers market, a roadside stand, or other temporary sale venue.
How it works, start to finish
- Decide what you will sell and confirm it is a qualifying homemade food under SDCL §§ 34-18-35 to 34-18-36.1 (no meat, poultry, seafood, dairy, or eggs).
- If selling home-canned goods or § 34-18-36.1 refrigerated/frozen items, complete the department-approved online food-safety training (every 5 years) or get written third-party verification of each recipe; keep records.
- Label every product per § 34-18-37: product name, producer name, physical production address, mailing address, phone, production date, ingredients, a keep-refrigerated/frozen directive where required, and the home-kitchen allergen disclaimer.
- Sell only directly to consumers in your physical presence — at your primary residence, a farmers market, a roadside stand, or another temporary sale venue — and personally deliver (or have a household member deliver) each sale to the buyer.
- Do not sell wholesale, to retail stores, or online without a state food license.
- Check any farmers market or venue's own rules and collect/remit sales tax as applicable.
Where to apply in South Dakota
Official sources — start with the agency or department that runs South Dakota's program:
- SDCL § 34-18-35 — Sale of homemade foods and food products (sdlegislature.gov)
- SDCL § 34-18-36.1 — Food safety training, authorized sales (sdlegislature.gov)
- SDCL § 34-18-37 — Label requirements (sdlegislature.gov)
- SDCL § 34-18-38 — Exemption from licensure (sdlegislature.gov)
- SD Department of Health — Farmers Market Guidance (no monetary limits; direct sales only)
- Governor's office — Gov. Rhoden signs SB 124 cell-cultured protein compromise (news.sd.gov)
Inspection prep (general)
General prep that applies in most programs — your law guide and health department have the specifics for South Dakota:
- Write your standard operating procedures: foods handled, prep methods, cleaning schedule, refuse disposal, and your time/temperature control plan.
- Complete the food safety training your program requires and keep the certificate where an inspector can see it.
- Have a calibrated food thermometer, proper cold storage, and labels that meet your program's rules.
- Keep pets out of the kitchen during production, and separate household and business ingredients.
Read the full South Dakota law guide → · Check your eligibility → · Ask the guide about South Dakota →
🎓 Training & money help in South Dakota
Links verified from the state's official sources and movement research — confirm current program details with the provider.