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Selling food made at home in South Dakota

Sources last read Oct 24, 2026

What South Dakota lets you make and sell from a home kitchen, in the state's own words with a link to each, and what changes when a store wants to stock you.

Run the free rules check: no account, no AI.

General information, not advice. This is written for small food makers and cites its sources, but it is not legal, regulatory or food-safety advice, and it cannot account for your product, your state or your facility. Rules change and thresholds are adjusted yearly. Confirm anything you are about to act on with your state agency, a Process Authority, or the FDA.

Who regulates food made at home in South Dakota?

The South Dakota Department of Health. Its own page for the Home-Processed Foods:

South Dakota Department of Health, Farmers Markets

What may I make at home in South Dakota?

Each sentence below is quoted from South Dakota's own pages as ShelfStep read them on October 24, 2026, with a link to where it is written.

  • South Dakota's Home-Processed Foods rules: what may be made at homeSouth Dakota Codified Laws § 34-18-35, Sale of homemade foods and food products says:“Except as otherwise provided in § 34-18-38, the licensure provisions of this chapter do not apply to a person selling: (1) Non-temperature-controlled food prepared at a residence; (2) Home-processed canned goods; (3) Baked goods prepared at a residence; or (4) Any food product prepared at a residence and authorized under § 34-18-36 or 34-18-36.1.”South Dakota Codified Laws § 34-18-35, Sale of homemade foods and food products · Read Oct 24, 2026
  • South Dakota's Home-Processed Foods rules: what may be made at homeSouth Dakota Codified Laws § 34-18-36.1, Food safety training, Authorized sales says:“Any producer who verifies compliance with the food safety training requirements set forth in accordance with § 34-18-36, may sell the following: (1) Any non-heat-processed fermented food, provided the food is consistently maintained at a temperature that is at or below forty-one degrees Fahrenheit; (2) Kuchen and baked goods that require time and temperature control for safety, including soft pies, cheesecake, and baked goods having a custard or cream filling, and sauces and pesto that require time and temperature control for safety, provided the food is consistently maintained at a temperature that is at or below forty-one degrees Fahrenheit; and”South Dakota Codified Laws § 34-18-36.1, Food safety training, Authorized sales · Read Oct 24, 2026
  • South Dakota's Home-Processed Foods rules: what may be made at homeSouth Dakota Codified Laws § 34-18-36.1, Food safety training, Authorized sales says:“(3) Home-processed frozen fruit and produce, provided the food is consistently maintained at a temperature that is at or below zero degrees Fahrenheit.”South Dakota Codified Laws § 34-18-36.1, Food safety training, Authorized sales · Read Oct 24, 2026

What may I not make at home in South Dakota?

  • South Dakota's Home-Processed Foods rules: what may not be made at homeSouth Dakota Codified Laws § 34-18-36, Canned goods, Requirements says:“No canned good may be sold unless the pH level is 4.6 or less or the water activity level is .85 or less.”South Dakota Codified Laws § 34-18-36, Canned goods, Requirements · Read Oct 24, 2026
  • South Dakota's Home-Processed Foods rules: what may not be made at homeSouth Dakota Department of Health, Farmers Market Guidance for Market Managers & Vendors (June 2022) says:“What products are not covered by the “farmers market and cottage laws”? Products under jurisdiction of other state or federal agencies include (but are not limited to); meat, poultry, jerky, fish, dairy products, honey, eggs, and non-food items such as home-made soap or lotions.”South Dakota Department of Health, Farmers Market Guidance for Market Managers & Vendors (June 2022) · Read Oct 24, 2026

What must a home-made label say in South Dakota?

  • South Dakota's Home-Processed Foods rules: the home-made labelSouth Dakota Codified Laws § 34-18-37, Label requirements says:“(9) A disclaimer that states: "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."”South Dakota Codified Laws § 34-18-37, Label requirements · Read Oct 24, 2026
  • South Dakota's Home-Processed Foods rules: the home-made labelSouth Dakota Codified Laws § 34-18-37, Label requirements says:“Food prepared at a residence may not be sold unless it has a label that includes the following information: (1) Name of the product; (2) Name of the producer; (3) Physical address of production; (4) Mailing address of the producer; (5) Telephone number of the producer; (6) Date the product was made or processed; (7) Ingredients; (8) In the case of food sold in accordance with § 34-18-36.1, a directive to keep refrigerated or frozen; and”South Dakota Codified Laws § 34-18-37, Label requirements · Read Oct 24, 2026

Where may I sell food made at home in South Dakota?

  • South Dakota's Home-Processed Foods rules: where it may be soldSouth Dakota Codified Laws § 34-18-38, Exemption from licensure, Requirements says:“A person selling food prepared at the person's primary residence, in accordance with § 34-18-35, is exempt from the licensing and license fee provisions of this chapter if: (1) The food meets the requirements of § 34-18-37; (2) The food is sold in the seller's physical presence at: (a) The seller's primary residence; (b) A farmer's market; (c) A roadside stand; or (d) Other temporary sale venue; and (3) The seller, or a person residing at the seller's primary residence, personally delivers the food to the buyer at the completion of the sale.”South Dakota Codified Laws § 34-18-38, Exemption from licensure, Requirements · Read Oct 24, 2026
  • South Dakota's Home-Processed Foods rules: where it may be soldSouth Dakota Department of Health, Farmers Market Guidance for Market Managers & Vendors (June 2022) says:“Goods are to be sold in the seller’s physical presence (direct). The seller, or a person residing at the seller’s primary residence may personally deliver home processed foods to the buyer at the completion of the sale. There are no monetary limits on the amount of sales.”South Dakota Department of Health, Farmers Market Guidance for Market Managers & Vendors (June 2022) · Read Oct 24, 2026

What do I do before I start in South Dakota?

  • South Dakota's Home-Processed Foods rules: what comes before the first saleSouth Dakota Codified Laws § 34-18-34, Farmer's market fresh fruits and vegetables, Licensure exemption says:“No person selling whole, intact fresh fruits or vegetables at a farmer's market, roadside stand, or similar venue is required to be licensed pursuant to this chapter.”South Dakota Codified Laws § 34-18-34, Farmer's market fresh fruits and vegetables, Licensure exemption · Read Oct 24, 2026
  • South Dakota's Home-Processed Foods rules: what comes before the first saleSouth Dakota Codified Laws § 34-18-36, Canned goods, Requirements says:“Except as otherwise provided in this section, a producer selling canned goods under this section shall, every five years, complete food safety training approved by the department. The training must be available online. The producer shall retain records verifying the timely completion of such training. A producer selling home-processed goods under this section may, in lieu of the requirement for food safety training, maintain verification of each recipe from a third-party processing authority. The third-party processing authority must have knowledge of the thermal processing required of food in hermetically-sealed containers and shall verify the method of processing and that the pH or water activity threshold levels are met. The processing authority shall provide verification in writing to the producer.”South Dakota Codified Laws § 34-18-36, Canned goods, Requirements · Read Oct 24, 2026
  • South Dakota's Home-Processed Foods rules: what comes before the first saleSouth Dakota Department of Health, Farmers Market Guidance for Market Managers & Vendors (June 2022) says:“What is required to sell canned goods, fermented, frozen and temperature controlled baked foods? A producer selling these foods shall, every five years, complete an approved food safety course. The producer shall retain records verifying the timely completion of such training. ... A producer selling home- processed goods may, in lieu of the requirement for food safety training, maintain verification of each recipe from a third-party processing authority. The processing authority shall provide verification in writing to the producer.”South Dakota Department of Health, Farmers Market Guidance for Market Managers & Vendors (June 2022) · Read Oct 24, 2026

What happens when I outgrow South Dakota's home-kitchen rules?

  • South Dakota's Home-Processed Foods rules: what applies beyond the home-kitchen rulesSouth Dakota Department of Health, Farmers Market Guidance for Market Managers & Vendors (June 2022) says:“The home processed foods must be properly labeled and cannot be sold wholesale (indirect). Examples of indirect sale may include sales from a retail store or via the internet. Indirect sales would require a state license.”South Dakota Department of Health, Farmers Market Guidance for Market Managers & Vendors (June 2022) · Read Oct 24, 2026
  • South Dakota's Home-Processed Foods rules: what applies beyond the home-kitchen rulesSouth Dakota Department of Health, Farmers Markets says:“Please be aware that the law only provides license exemption for specific types of food items. The law does not provide an exemption for all food products and all regulations. In addition, the law only allows for these food products to be sold directly to the consumer from a home, farmers market, or similar venue.”South Dakota Department of Health, Farmers Markets · Read Oct 24, 2026

Beyond a home kitchen, ShelfStep's plan lays out the path a commercial kitchen or a co-packer takes, step by step, for each kind of product.

Source to check: FDA food facility registration
  • FDA's definition of a food facility21 CFR 1.227 says:“Facility means any establishment, structure, or structures under one ownership at one general physical location, or, in the case of a mobile facility, traveling to multiple locations, that manufactures/processes, packs, or holds food for consumption in the United States. ... The private residence of an individual is not a facility.”21 CFR 1.227 · Read Oct 8, 2026
Source to check: Acidified foods under a state's own rules
  • A state’s own rules for acidified foods21 CFR 108.25(i) says:“Wherever the Commissioner finds that any State regulates the commercial processing of acidified foods under effective regulations specifying at least the requirements of part 114 of this chapter, the Commissioner shall issue a notice stating that compliance with such State regulations shall constitute compliance with this section, if the State through its regulatory agency or each processor of acidified foods in the State files with the Food and Drug Administration the registration information and the processing information prescribed in paragraph (c) of this section.”21 CFR 108.25(i) · Read Sep 20, 2026

Where does the path start, whatever you make in South Dakota?

Whatever the product, ShelfStep's standard plan opens with the same six steps, and the third is the one this page is about: where you are allowed to make it. Each step's reason is the app's own.

  1. 1.

    Write the recipe down with exact amounts

    Cost, price, nutrition and the label are all worked out from this. Write it in the units you actually use; ShelfStep converts for the label. What matters is that someone else could make the same batch from what is written.

  2. 2.

    Decide how it is kept: on a shelf, in the fridge or frozen

    The planned storage helps the reviewer assess the process, shelf life and packaging.

    In the plan: It decides which rules you follow.

  3. 3.

    Find out where you are allowed to make it for sale

    This finds out whether the state’s rules allow making this in a home kitchen or point to a commercial one — and that changes the cost and the timeline of everything after it. It is much cheaper to find out now than after buying packaging.

    In the plan: Your state's home-kitchen rules, in its own words. Whether they cover your product is for your state's agency to say.

  4. 4.

    Have the pH and water activity of a finished batch measured

    These measurements give your reviewer information about the batch; they do not establish safety or storage conditions on their own.

    In the plan: The two numbers the acidified-food rules name. Measured on the finished product, once it has settled.

  5. 5.

    Get a Process Authority's letter on how it is made safe

    Ask a qualified reviewer which process and storage conditions your product needs. This is where you ask someone qualified, a Process Authority, to put in writing how the product is made safe. Buyers, insurers and inspectors may ask for that document, and it cannot be obtained after the fact for product you have already sold.

    In the plan: Needs the pH first. Their letter sets out the process they ask you to hold to, and the storage line for your label.

  6. 6.

    Look into FDA registration

    Registration is how FDA knows your facility exists; the plan is what an inspector or a buyer’s audit asks to see. Both are far easier to do now than during either.

    In the plan: Look into registration with FDA. Any filing your Process Authority letter names belongs here too.

How much do other states let a home kitchen sell in a year?

Not every state sets a yearly ceiling on home-kitchen sales, and those that do set very different ones. What the written-up states other than South Dakota say, each in its own words:

  • California's Cottage Food Operation rules: a yearly sales ceilingCDPH, Adjusted Gross Annual Sales Limit 2026 says:“January 1, 2026 2024-2025 3.1 $88,878 $177,756”CDPH, Adjusted Gross Annual Sales Limit 2026 · Read Sep 25, 2026
  • Colorado's Cottage Foods Act rules: a yearly sales ceilingCDPHE, Cottage Foods Act says:“Net revenue allowance If I produce muffins, does the Act allow me to earn up to $10,000 for each type (blueberry, banana, chocolate chip)? Yes.”CDPHE, Cottage Foods Act · Read Oct 24, 2026
  • Connecticut's Cottage Food Operator rules: a yearly sales ceilingDCP, Sales and Doing Business in Connecticut says:“Yes, there is a yearly gross sales limit of $50,000. You must maintain records of all sales.”DCP, Sales and Doing Business in Connecticut · Read Oct 24, 2026
  • Florida's Cottage Food Operation rules: a yearly sales ceilingFlorida Statutes §500.80 says:“(1)(a) A cottage food operation must comply with the applicable requirements of this chapter but is exempt from the permitting requirements of s. 500.12 if the cottage food operation complies with this section and has annual gross sales of cottage food products that do not exceed $250,000. (b) For purposes of this subsection, a cottage food operation’s annual gross sales include all sales of cottage food products at any location, regardless of the types of products sold or the number of persons involved in the operation.”Florida Statutes §500.80 · Read Oct 8, 2026
  • Indiana, home-based vendors: a yearly sales ceilingIDOH, Homestead and Small Farm Food Processor Guidance says:“No annual gross income restrictions”IDOH, Homestead and Small Farm Food Processor Guidance · Read Sep 25, 2026
  • Indiana, homestead vendors: a yearly sales ceilingIndiana Code, 2026 edition (IC 16-42-5.3 and 16-42-5.4) says:“Sec. 1. As used in this chapter, "homestead vendor" means a person that prepares and sells food products or meat products from: (1) property or at a farmers market; and (2) which the person does not receive more than one million five hundred thousand dollars ($1,500,000) in gross sales from food products or meat products in a single year.”Indiana Code, 2026 edition (IC 16-42-5.3 and 16-42-5.4) · Read Sep 25, 2026
  • Kentucky's Home-Based Processor rules: a yearly sales ceilingKRS 217.015 (Kentucky General Assembly) says:“and who has a gross income of no more than sixty thousand dollars ($60,000) annually from the sale of the products;”KRS 217.015 (Kentucky General Assembly) · Read Oct 24, 2026
  • Louisiana, the date Act 801 took effect: a yearly sales ceilingLouisiana State Legislature, HB403 (2026 Regular Session) says:“06/08 H Effective date: 08/01/2026. 06/08 H Signed by the Governor. Becomes Act No. 801.”Louisiana State Legislature, HB403 (2026 Regular Session) · Read Oct 24, 2026
  • Louisiana's Low-Risk Foods (R.S. 40:4.9) rules: a yearly sales ceilingLouisiana State Legislature, House Summary of Senate Amendments, HB 403 (2026 Regular Session) says:“1. Changes gross annual sales limit for producers of low-risk, homemade foods from $30,000 to $100,000. ... Proposed law increases the gross annual sales limit for this exemption from $30,000 to $100,000, after which a producer would no longer qualify for the exemption.”Louisiana State Legislature, House Summary of Senate Amendments, HB 403 (2026 Regular Session) · Read Oct 24, 2026
  • Maryland's Cottage Food Business rules: a yearly sales ceilingMaryland General Assembly, 2026 Laws of Maryland Chapter 320 (HB 535) says:“(b–1) "Cottage food business" means a business that: ... (3) Has annual revenues from the sale of cottage food products in an amount not exceeding [$50,000] $100,000. ... SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect October 1, 2026.”Maryland General Assembly, 2026 Laws of Maryland Chapter 320 (HB 535) · Read Oct 8, 2026
  • Michigan's Cottage Food Operation rules: a yearly sales ceilingMDARD, Cottage Food: getting started FAQ says:“The limit is currently gross sales up to $50,000 yearly, however, $75,000 is allowable if the cottage food operation sells cottage food products at a price of $250 or more per unit.”MDARD, Cottage Food: getting started FAQ · Read Oct 8, 2026
  • Michigan's Cottage Food Operation rules: a yearly sales ceilingMichigan Compiled Laws 289.4102 says:“(5) Except as otherwise provided in this subsection, the gross sales of cottage food products by a cottage food operation must not exceed $50,000.00 annually until October 1,2026. ... Beginning October 1, 2026, and by each October 1 thereafter, the department may adjust the gross sales amounts set under this subsection by the amount calculated by multiplying the sales limit in effect during the immediately preceding fiscal year by the inflation adjustment factor and rounding to the nearest whole dollar.”Michigan Compiled Laws 289.4102 · Read Oct 8, 2026
  • Minnesota's Cottage Food Exemption rules: a yearly sales ceiling2024 Minnesota Statutes, 28A.152 Cottage Foods Exemption says:“An individual selling exempt foods under this section is limited to total sales with gross receipts of $78,000 or less in a calendar year.”2024 Minnesota Statutes, 28A.152 Cottage Foods Exemption · Read Oct 24, 2026
  • Mississippi's Cottage Food Operation rules: a yearly sales ceilingMSDH, Cottage Food Operation: Frequently Asked Questions says:“You are limited in the amount of sales you can have selling Cottage Foods, which is $35,000 in gross annual sales.”MSDH, Cottage Food Operation: Frequently Asked Questions · Read Oct 24, 2026
  • Nevada's Cottage Food Operation rules: a yearly sales ceilingNRS 580.600 (Nevada Legislature) says:“(a) "Cottage food operation" means a natural person who manufactures or prepares food items in his or her private home or, if allowed by the food safety authority, in the kitchen of a fraternal or social clubhouse, a school or a religious, charitable or other nonprofit organization, for sale to a natural person for consumption and whose gross sales of such food items are not more than $100,000, as adjusted pursuant to subsection 6, per calendar year.”NRS 580.600 (Nevada Legislature) · Read Oct 24, 2026
  • Nevada's Cottage Food Operation rules: a yearly sales ceilingNRS 580.600 (Nevada Legislature) says:“Beginning with Fiscal Year 2026-2027, the amount of gross sales of a cottage food operation specified in paragraph (a) of subsection 7 must be adjusted for each fiscal year by the Department by adding to the amount the product of the amount multiplied by the percentage increase in the Consumer Price Index (All Items) published by the United States Department of Labor from July 2025 to the July preceding the fiscal year for which the adjustment is calculated. The Department shall publish the adjusted amount on the Internet website of the Department on or before September 30 of each year.”NRS 580.600 (Nevada Legislature) · Read Oct 24, 2026
  • New Jersey's Cottage Food Operator Permit rules: a yearly sales ceilingN.J.A.C. 8:24-11, Cottage Food Operator Rules (NJDOH) says:“(b) The gross annual sales (that is, before deductions of taxes and operating expenses) that a cottage food operator generates from the sale of cottage food products shall not exceed $ 50,000.”N.J.A.C. 8:24-11, Cottage Food Operator Rules (NJDOH) · Read Oct 8, 2026
  • Oklahoma's Local Food Freedom Act rules: a yearly sales ceilingODAFF, Food Safety says:“The maximum allowable earnings for a local food business is $250,000 each year in sales.”ODAFF, Food Safety · Read Oct 24, 2026
  • Oklahoma, the date the $250,000 limit starts: a yearly sales ceilingOklahoma House of Representatives, news release, 7 May 2026 says:“The measure increases the allowable annual sales cap for local food businesses from $75,000 to $250,000 and clarifies how products can be sold and delivered to consumers. ... The measure takes effect Nov. 1, 2026.”Oklahoma House of Representatives, news release, 7 May 2026 · Read Oct 24, 2026
  • Oregon's Cottage Food Exemption rules: a yearly sales ceilingODA, Cottage Food Exemption FAQ (March 2026) says:“In 2026, this means you can sell up to $52,700 of Cottage Foods and up to $50,000 of Processed Farm Direct foods in the calendar year.”ODA, Cottage Food Exemption FAQ (March 2026) · Read Sep 25, 2026
  • Rhode Island's Cottage Food Manufacture rules: a yearly sales ceilingR.I. Gen. Laws § 21-27-6.2, Cottage food manufacture (Rhode Island General Assembly) says:“(6) Total annual gross sales for a cottage food operation shall not exceed fifty thousand dollars ($50,000) per calendar year. ... The director of health shall request documentation to verify the annual gross sales figure of any cottage food operation.”R.I. Gen. Laws § 21-27-6.2, Cottage food manufacture (Rhode Island General Assembly) · Read Oct 24, 2026
  • Texas's Cottage Food Production Operation rules: a yearly sales ceilingTexas Health and Safety Code §437.001 says:“(B) has an annual gross income of $150,000 or less from the sale of food described by Paragraph (A), as the department annually adjusts for inflation using the Consumer Price Index for All Urban Consumers (CPI-U) published by the United States Bureau of Labor Statistics or its successor in function;”Texas Health and Safety Code §437.001 · Read Sep 25, 2026
  • Vermont's Cottage Food Operation rules: a yearly sales ceilingVermont Department of Health, Manufactured Food Rule (effective 1/15/2026) says:“6.1.1 The following food manufacturing establishments are exempt from the requirement to obtain a license: ... 6.1.1.2 A cottage food operation, as defined in this rule, that has gross annual sales of $30,000 or less from the sale of cottage food products.”Vermont Department of Health, Manufactured Food Rule (effective 1/15/2026) · Read Oct 24, 2026
  • Vermont, food processors with sales of $10,000 or less: a yearly sales ceilingVermont Department of Health, Manufactured Food Rule (effective 1/15/2026) says:“6.1.1 The following food manufacturing establishments are exempt from the requirement to obtain a license: : 6.1.1.1 A non-bakery food manufacturing establishment that has gross annual sales of $10,000 or less; and”Vermont Department of Health, Manufactured Food Rule (effective 1/15/2026) · Read Oct 24, 2026
  • Washington's Cottage Food Operation rules: a yearly sales ceilingRevised Code of Washington, chapter 69.22 says:“the annual gross sales of cottage food products may not exceed $35,000. The determination of the maximum annual gross sales must be computed on the basis of the amount of gross sales within or at a particular domestic residence and may not be computed on a per person basis within or at an individual domestic residence.”Revised Code of Washington, chapter 69.22 · Read Sep 25, 2026
  • Wyoming's Wyoming Food Freedom Act rules: a yearly sales ceilingWyoming Statutes § 11-49-102, Definitions says:“"Producer" means any person who grows, harvests, prepares or processes any food or drink products on the person's owned or leased property, does not produce more than two hundred fifty thousand (250,000) individual food or drink products annually and does not exceed two hundred fifty thousand dollars ($250,000.00) in gross revenue annually from the food and drink products;”Wyoming Statutes § 11-49-102, Definitions · Read Oct 24, 2026

How do I sell a particular product from South Dakota?

Each product page below shows which of South Dakota's lines name one kind of product, where the state says you may sell it, and the plan's steps to a store shelf.

Hot sauce in South DakotaSalsa in South DakotaBarbecue sauce in South DakotaPickles in South DakotaSalad dressing in South DakotaPasta sauce in South DakotaJam in South DakotaPepper jelly in South DakotaCookies in South DakotaCrackers in South DakotaBread in South DakotaGranola in South DakotaSpice rubs and blends in South DakotaCandy in South DakotaPopcorn in South DakotaDried fruit in South DakotaBaking mixes in South DakotaPeanut butter in South DakotaCold brew coffee in South DakotaRoasted coffee beans in South DakotaJuice in South DakotaKombucha in South DakotaHummus and dips in South DakotaPesto in South DakotaOlive tapenade in South DakotaFresh pasta in South DakotaBeef jerky in South DakotaSausage in South DakotaCanned soup in South Dakota

What should I read next?

Can I sell food made in my home kitchen?5 min readDo I need to register with the FDA to sell my food product?4 min readDoes my sauce or salsa need a scheduled process?5 min readWhat does a retail buyer actually ask for?4 min read

Check the rules for your own product

The rules check runs the same deterministic engine ShelfStep uses inside the app, on your answers, and quotes the sentences each rule rests on, with their links and the day ShelfStep read them. It does not decide which apply. It is free, needs no account and uses no AI. A ShelfStep workspace then keeps your plan, your records and the dates, free for one product.

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