South Dakota cottage food law
Sell cottage food in South Dakota
South Dakota cottage food law, label rules, and a free storefront. South Dakota's cottage food law lets home bakers sell directly to consumers with no statewide sales cap — provided you sell directly to consumers, label every product correctly, and follow South Dakota's rules. CottageOps configures the South Dakota label disclosure for you, tracks your sales against the cap, and gives you a free storefront to take orders.
What South Dakota's cottage food law says
- Sales cap
- No statewide sales cap — South Dakota doesn't set an annual revenue ceiling on cottage food sales.
- Refrigerated (TCS) foods
- South Dakota's cottage food path is limited to shelf-stable goods — refrigerated (TCS) items aren't allowed under the exemption.
- Where you can sell
- Direct to South Dakota consumers — pickup, in-state delivery, farmers markets, and online sales to in-state customers.
Required label disclosure in South Dakota
Every South Dakota cottage food label must carry the product name, ingredients in descending order by weight, the net weight, a “Contains” allergen statement for any FDA major allergens, your name and address as the producer, and the South Dakota-required disclosure below. CottageOps fills the disclosure in for you, verbatim:
This product was not produced in a commercial kitchen. It has been home-processed in a kitchen that may also process common food allergens such as tree nuts, peanuts, eggs, soy, wheat, milk, fish, and crustacean shellfish.
Before you sell in South Dakota
South Dakota doesn't require a permit to start.
South Dakota lets cottage food bakers start selling without a state permit or inspection — set up your storefront, add your menu, and you can begin taking orders.
Full South Dakota cottage-food law
The detail behind the summary above: South Dakota's primary statute, the agency that enforces it, the revenue cap, what foods are allowed, refrigerated-food (TCS) rules, labeling notes, and the watch-outs to know before you sell.
- Primary statute
- S.D. Codified Laws §34-18-37 (South Dakota home-processed food / cottage food) (South Dakota Cottage Food law)
- Enforcing agency
- South Dakota Department of Health
- Revenue cap
- No cap.
- Allowed foods
- Non-TCS (shelf-stable) home-processed foods including baked goods.
- Refrigerated (TCS) / prohibited
- Conservative shelf-stable only (engine refuses TCS labels for SD).
- Where you can sell
- Direct to consumer.
- Labeling notes
- Disclosure with inline allergen enumeration per §34-18-37: "This product was not produced in a commercial kitchen. It has been home-processed in a kitchen that may also process common food allergens such as tree nuts, peanuts, eggs, soy, wheat, milk, fish, and crustacean shellfish." at ≥10pt.
- Watch-outs
- Inline allergen enumeration is part of the mandated statement.
General information, not legal advice — confirm with your state agency. Last verified 2026-06-15.
Ready to start selling in South Dakota?
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South Dakota cottage food FAQ
What must a South Dakota cottage food label include?
A compliant South Dakota cottage food label needs the product name, the ingredients in descending order by weight, the net weight (oz and/or grams), the "Contains" allergen statement for any FDA major allergens, the producer's name and address, and the South Dakota-required legal disclosure. Our free generator fills in the disclosure for you and lays out the rest automatically as you type.
What is the required cottage food disclosure in South Dakota?
South Dakota requires this exact disclosure on the label: "This product was not produced in a commercial kitchen. It has been home-processed in a kitchen that may also process common food allergens such as tree nuts, peanuts, eggs, soy, wheat, milk, fish, and crustacean shellfish." You never type it — the generator applies the current South Dakota disclosure for you the moment you pick your state.
Can I sell TCS or refrigerated cottage food items in South Dakota?
No — South Dakota's cottage food path is limited to shelf-stable goods, so TCS items that need refrigeration are not allowed under the cottage food exemption. If you toggle "Contains a TCS item" the generator will flag that South Dakota doesn't permit it, so you don't print a non-compliant label.
Is this South Dakota cottage food label generator really free?
Yes. Building and previewing your South Dakota-compliant label is free with no account. CottageOps is free through 2026 — no credit card — and when you're ready to download or print the full-resolution label you just claim your free CottageOps account. In 2027 it's a flat $19/mo (or $190/yr).
More for South Dakota bakers, plus our guides for every other state:
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A free South Dakota storefront, the South Dakota label disclosure configured for you, and sales tracking — built in from day one. Cancel anytime; the most-recent month is refundable.
Start freeThis is general information, not legal advice — confirm with your South Dakota cottage food authority before selling. Last verified: 2026-06-13.