Cottage Food Laws by State
South Dakota Cottage Food Laws
South Dakota removed its annual cap in 2020. No permit is required. In-person delivery only — shipping is not permitted.
Annual cap
No cap
Permit required
No
Venues
3
Last updated
2026
What You Can Sell
The following product types are permitted under the South Dakota cottage food law.
Baked Goods
Permitted- Cakes and cupcakes
- Cookies and brownies
- Muffins and quick breads
- Yeast breads and rolls
- Fruit pies (cream and custard pies require refrigeration and are not permitted)
- Cake pops and dipped treats
- Donuts and pastries
Candies and Confections
Permitted- Chocolates and fudge
- Hard candies and lollipops
- Toffee and caramel (shelf-stable)
- Cake truffles
Preserved and Dry Goods
Permitted- Jams, jellies, and preserves
- Honey and honeycomb
- Dried herbs and spices
- Roasted nuts and trail mix
- Granola and cereal
- Popcorn and flavored popcorn
- Dried pasta (no egg)
Beverages
Permitted- Coffee (roasted or ground, not brewed)
- Dry tea blends
What You Cannot Sell
These product types are not covered by the South Dakota cottage food law and require a commercial kitchen license.
- Meat, poultry, and seafood products
- Dairy products (milk, cheese, butter)
- Items requiring refrigeration (cream pies, cheesecakes)
- Alcoholic beverages
- Fruit and vegetable juices
- Canned low-acid vegetables
Where You Can Sell
South Dakota permits cottage food sales at the following venues.
Direct from your home
Farmers markets
Roadside stands
Annual Sales Cap
No cap
No annual revenue cap. Cap removed in 2020. In-person delivery only; no shipping.
Permit and Registration
No permit or registration required
No permit or license is required for cottage food operations in South Dakota.
What a Compliant South Dakota Label Looks Like
Quickly Cottage builds your ingredient list, detects allergens, and adds the required disclosure automatically.
Product
Ingredients
Chocolate Cake Pops
Produced: August 23, 2026
Sunflower Home Bakery
412 Maple Ave, Springfield, SD
(555) 010-0142
Ingredients:
Enriched Bleached Flour (Wheat Flour, Niacin, Iron, Thiamin Mononitrate, Riboflavin, Folic Acid), Sugar, Cocoa (Processed with Alkali), Leavening (Baking Soda, Sodium Aluminum Phosphate, Monocalcium Phosphate), Corn Starch, Salt, Soybean Oil; Sugar, Unsweetened Chocolate, Cocoa Butter, Milkfat, Soy Lecithin, Vanilla; Sugar, Corn Starch, Vegetable Oil (Palm), Confectioner's Glaze, Carnauba Wax, FD&C Colors; Water, Propylene Glycol, FD&C Red 40.
Contains:
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.
Label Requirements
Every cottage food product sold in South Dakota must have a label that includes the following.
| Required field |
|---|
| All 9 FDA major allergens present |
| Complete ingredient list, in descending order by weight |
| Business name |
| Business address |
| Product name |
| Phone number |
| Date of production |
| "Not inspected" disclosure statement |
Required Label Disclosure
This exact text must appear on every label you sell in South Dakota.
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.
Quickly Cottage adds this to your label automatically.
Generate your South Dakota label in minutes
Ingredient lists, allergens, and the required disclosure — built in automatically.
South Dakota Cottage Food — Common Questions
No. South Dakota does not require any permit or license for cottage food producers.
South Dakota's annual cap is $25,000 in gross revenue.
Yes. Farmers markets are a permitted venue for South Dakota cottage food sellers.
You can take orders online, but all sales must be completed in person. Carrier shipping is not permitted.
Law reference: South Dakota Cottage Food Law (South Dakota Codified Laws, Section 39-17-1) · Last updated 2026 · Always verify requirements with your state's department of agriculture before selling.
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Quickly Cottage builds your ingredient list from the brands you actually use, and generates a label with the South Dakota-required disclosure already included. Start free.