South Dakota: Unattended honesty stand?

Not addressed. The law doesn't mention self-serve or honor-system stands.

South Dakota: Sign up with the state?

No. No food service license for sales that meet the exemption.

South Dakota: Food safety class?

Sometimes. Every five years to sell canned goods or the extra cold and frozen foods.

South Dakota: Kitchen inspection?

Not addressed. The law doesn't mention inspecting a home kitchen.

South Dakota: Yearly sales limit

No limit. There are no monetary limits on the amount of sales.

South Dakota: Foods that need a fridge?

Sometimes. Some cold and frozen foods are allowed with training and temperature control.

South Dakota: Take orders online?

No. Internet sales count as indirect and need a state license.

South Dakota: Ship or mail orders?

No. The seller or someone at the home must hand it to the buyer.

South Dakota: Sell through shops?

No. Retail store sales are indirect and would need a state license.

Cottage food law

South Dakota cottage food law

South Dakota exempts home-processed foods from food service licensing when you sell in person at your home, a farmers market, a roadside stand or another temporary venue. The law sets no sales cap.

Checked against the law October 21, 2026

The rules at a glance

Cottage food laws

Unattended honesty stand?
Not addressed
The law doesn't mention self-serve or honor-system stands.
Sign up with the state?
No
No food service license for sales that meet the exemption.
Source
- In South Dakota, there are "cottage" laws that allow this exchange of goods without a food service licenseSouth Dakota Department of Health: Farmers Markets
- the licensure provisions of this chapter do not apply to a person sellingSouth Dakota Codified Laws 34-18-35, Sale of homemade foods and food products
- is exempt from the licensing and license fee provisions of this chapter ifSouth Dakota Codified Laws 34-18-38, Exemption from licensure and requirements
Food safety class?
Sometimes
Every five years to sell canned goods or the extra cold and frozen foods.
Source
- a producer selling canned goods under this section shall, every five years, complete food safety training approved by the departmentSouth Dakota Codified Laws 34-18-36, Canned goods requirements
- Any producer who verifies compliance with the food safety training requirements set forth in accordance with § 34-18-36South Dakota Codified Laws 34-18-36.1, Food safety training and authorized sales
- A producer selling these foods shall, every five years, complete an approved food safety courseSouth Dakota Department of Health: Farmers Market Guidance for Market Managers & Vendors (PDF)
Kitchen inspection?
Not addressed
The law doesn't mention inspecting a home kitchen.
Yearly sales limit
No limit
There are no monetary limits on the amount of sales.
Source
- There are no monetary limits on the amount of salesSouth Dakota Department of Health: Farmers Market Guidance for Market Managers & Vendors (PDF)
Foods that need a fridge?
Sometimes
Some cold and frozen foods are allowed with training and temperature control.
Source
- Any producer who verifies compliance with the food safety training requirements set forth in accordance with § 34-18-36South Dakota Codified Laws 34-18-36.1, Food safety training and authorized sales
- Kuchen and baked goods that require time and temperature control for safety, including soft pies, cheesecake, and baked goods having a custard or cream fillingSouth Dakota Codified Laws 34-18-36.1, Food safety training and authorized sales
- Any non-heat-processed fermented food, provided the food is consistently maintained at a temperature that is at or below forty-one degrees FahrenheitSouth Dakota Codified Laws 34-18-36.1, Food safety training and authorized sales
- Home-processed frozen fruit and produce, provided the food is consistently maintained at a temperature that is at or below zero degrees FahrenheitSouth Dakota Codified Laws 34-18-36.1, Food safety training and authorized sales
Take orders online?
No
Internet sales count as indirect and need a state license.
Source
- The home processed foods must be properly labeled and cannot be sold wholesale (indirect)South Dakota Department of Health: Farmers Market Guidance for Market Managers & Vendors (PDF)
- Examples of indirect sale may include sales from a retail store or via the internetSouth Dakota Department of Health: Farmers Market Guidance for Market Managers & Vendors (PDF)
- Indirect sales would require a state licenseSouth Dakota Department of Health: Farmers Market Guidance for Market Managers & Vendors (PDF)
Ship or mail orders?
No
The seller or someone at the home must hand it to the buyer.
Source
- personally delivers the food to the buyer at the completion of the saleSouth Dakota Codified Laws 34-18-38, Exemption from licensure and requirements
- Goods are to be sold in the seller's physical presence (direct)South Dakota Department of Health: Farmers Market Guidance for Market Managers & Vendors (PDF)
Sell through shops?
No
Retail store sales are indirect and would need a state license.
Source
- Examples of indirect sale may include sales from a retail store or via the internetSouth Dakota Department of Health: Farmers Market Guidance for Market Managers & Vendors (PDF)
- Indirect sales would require a state licenseSouth Dakota Department of Health: Farmers Market Guidance for Market Managers & Vendors (PDF)

What goes on the label

Required wording

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.

Required on the label.

Source

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 shellfishSouth Dakota Codified Laws 34-18-37, Label requirements

The label also shows

The name of the product
The name of the producer
The physical address where it was made
The producer's mailing address
The producer's telephone number
The date it was made or processed
The ingredients
For food that must stay cold, a note to keep it refrigerated or frozen

Source

(1) Name of the product; (2) Name of the producerSouth Dakota Codified Laws 34-18-37, Label requirements
Name of the producer; (3) Physical address of productionSouth Dakota Codified Laws 34-18-37, Label requirements
Physical address of production; (4) Mailing address of the producerSouth Dakota Codified Laws 34-18-37, Label requirements
Mailing address of the producer; (5) Telephone number of the producerSouth Dakota Codified Laws 34-18-37, Label requirements
Telephone number of the producer; (6) Date the product was made or processedSouth Dakota Codified Laws 34-18-37, Label requirements
Date the product was made or processed; (7) IngredientsSouth Dakota Codified Laws 34-18-37, Label requirements
Ingredients; (8) In the case of food sold in accordance with § 34-18-36.1South Dakota Codified Laws 34-18-37, Label requirements
a directive to keep refrigerated or frozenSouth Dakota Codified Laws 34-18-37, Label requirements

Before your first sale

This is general information, not legal advice. Check with the South Dakota Department of Health (DOH) 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.

Other states · Start a stand on GoodStand