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Cottage food law

South Carolina cottage food law

South Carolina lets you sell shelf-stable foods made in your home kitchen without a permit or inspection, straight to customers or through retail stores. The law sets no sales cap.

Checked against the law

The rules at a glance

Home-based Food Production Law

  • Unattended honesty stand?

    Not addressed

    The law doesn't mention self-serve stands. Ask SCDA.

  • Sign up with the state?

    No

    No permit needed. An SCDA ID number for labels is optional.

    Source

  • Food safety class?

    No

    No class or card required. Anyone handling the food must know safe practices.

    Source
    • ensuring that all people engaged in processing, preparing, packaging, or handling food intended for sale by the home-based food production operation are knowledgeable of and follow safe food handling practicesSouth Carolina Code of Laws, Section 44-1-143

  • Kitchen inspection?

    No

    No routine inspection.

    Source

  • Yearly sales limit

    No limit

    No yearly cap. Under $1,500 net earnings, the law's rules do not apply.

    Source
    • The provisions of this section do not apply to an operation with net earnings of less than fifteen hundred dollars annually but that would otherwise meet the definition of a home-based food operation provided in subsection (A)(1)South Carolina Code of Laws, Section 44-1-143

  • Foods that need a fridge?

    No

    Shelf-stable foods only. Nothing that needs a fridge.

    Source

  • Take orders online?

    Yes

    You can take orders online or by mail.

    Source

  • Ship or mail orders?

    Yes

    By mail order, within South Carolina.

    Source

  • Sell through shops?

    Yes

    The store must post a sign that the food is not commercially regulated.

    Source
    • Home-based food operations only may sell, or offer to sell, food items directly to a person, including online and by mail order, or to retail stores, including grocery storesSouth Carolina Code of Laws, Section 44-1-143
    • Any retail stores, including grocery stores, that sell or offer to sell home-based food products must post clearly visible signage indicating that home-based food products are not subject to commercial food regulationsSouth Carolina Code of Laws, Section 44-1-143

What goes on the label

Required wording

PROCESSED AND PREPARED BY A HOME-BASED FOOD PRODUCTION OPERATION THAT IS NOT SUBJECT TO SOUTH CAROLINA'S FOOD SAFETY REGULATIONS

In all capital letters, on a contrasting background.

Source

The label also shows

  • Your business name and address, or your SCDA ID number
  • The standard name of the food
  • Ingredients in descending order by weight
  • Any major allergens
Source

Before your first sale

This is general information, not legal advice. Check with the South Carolina Department of Agriculture (SCDA) before you sell, and again if you add a new food or a new way of selling.

We check these sources every month and update this page when they change.

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