Home and Hearth BakerHome-based food production operation
S.C. Code 44-1-143 (last amended by Act 208 of 2022, S 506) · H 4689 (2012); amended by H 5063 (2018) and S 506 (Act 208 of 2022, signed 2022-05-23); program moved from DHEC to the SC Department of Agriculture (SCDA) on 2024-07-01 under Act 60 of 2023 (S 399)
Yearly sales limit
No state limit
No sales cap in 44-1-143. Separately, 44-1-143(G) says the section does not apply to an operation with net earnings under $1,500 a year; SCDA says such small sellers need not label but may not sell at retail stores and must sell in person directly to the end consumer.
No sales cap in 44-1-143. Separately, 44-1-143(G) says the section does not apply to an operation with net earnings under $1,500 a year; SCDA says such small sellers need not label but may not sell at retail stores and must sell in person directly to the end consumer.
Permit or registration
Food safety training
No
No course required. Everyone handling food for sale must know and follow safe food handling practices (44-1-143(B)(5)).
No course required. Everyone handling food for sale must know and follow safe food handling practices (44-1-143(B)(5)).
Where you make it
The individual's own dwelling (44-1-143(A)(1)). SCDA: the home kitchen must be inside the dwelling and be the family-use kitchen. Required: department-approved water supply (private wells tested yearly for coliform, per SCDA) and sewage disposal, separate storage for ingredients for sale, working refrigerator, sink with hot water, separate hand-washing facility, working toilet, no insects or rodents (44-1-143(C)). No pets in the work area and no domestic activities in the kitchen while making food for sale (44-1-143(B)). Primary residence rule: Not addressed.
Selling in person
Allowed: directly to consumers; farmers markets and events under each venue's rules; food trucks may sell only prepackaged items (SCDA)
Phone and online orders
Allowed: the law permits direct sales 'including online and by mail order' (44-1-143(A)(1), (E)). Phone sales are not named but are direct sales to a person.
Delivery and shipping
Allowed within South Carolina only (SCDA: 'delivered only in South Carolina')
Selling out of state
Not allowed: SCDA says the law covers in-state sales only and products crossing state lines fall under FDA rules
Stores and wholesale
Retail stores, including grocery stores, may sell the products in the original package; the store must post a sign (44-1-143(E)). Restaurants may sell packaged, labeled items but may serve them or use them as ingredients only with an SCDA-approved variance obtained by the restaurant. The current statute does not mention wholesale; SCDA guidance reprints older text saying wholesale is not allowed. Do not sell to distributors without checking with SCDA.
Examples you can sell
Nonpotentially hazardous foods (foods that are not potentially hazardous, 44-1-143(A)(2)); not aluminum canned goods or charcuterie boards (44-1-143(A)(1)). SCDA guidance lists examples; jams, jellies and preserves must use science-based recipes.
- Shelf-stable cakes, cupcakes, brownies and cookies (commercial or standard non-TCS icings; buttercream and royal icing with pasteurized eggs)
- Breads such as bagels, ciabatta, focaccia, naan, pretzels, tortillas; sourdough made with a commercial starter culture
- Low-moisture baked goods such as crackers and taco shells
- Pies with high-acid fruit fillings; commercial non-refrigerated fillings
- Candy and confections: hard candy, cotton candy, fudge, truffles, chocolate items, cocoa bombs, marshmallows, candy and caramel apples (commercial shelf-stable caramel)
- Popcorn, granola, bars, trail mix, protein balls
- Jams, jellies, preserves and high-acid fruit curds from science-based recipes
- Roasted, toasted or candied nuts and seeds
- Dried fruit (not melons), dried herbs, spices, teas, dried vegetables (not tomatoes); coffee roasted in the home kitchen
- Baking mixes with no TCS ingredients; heat-dried pasta
Not allowed
- Potentially hazardous (time/temperature control) foods, including raw or heat-treated animal foods (44-1-143(A)(4))
- Aluminum canned goods and charcuterie boards (44-1-143(A)(1))
- Anything needing refrigeration: cheesecake, cream, custard, meringue, pumpkin or sweet potato pies, fresh fruit pies and tarts, cream cheese icing (SCDA)
- Quick breads and muffins made with fresh, frozen or canned fruit or vegetables; pumpkin cake; carrot cake unless made from a dry commercial mix with nothing added (SCDA)
- Pickles, relish, salsa, chutney, chow chow, pepper jelly, fig preserves, low-sugar jams, BBQ and hot sauces, fermented foods (SCDA)
- Bottled beverages, kombucha, juices, cold brew (SCDA)
- Meat, seafood, dairy products, butter, ice cream (SCDA)
- Sourdough starter, pizza dough, filled candy, simple syrups, pet treats, CBD/Delta 8/Delta 9 products, repackaged bulk foods, prepared meals (SCDA)
- Foods using liquor unless baked-in alcohol is 0.5% or less (SCDA)
The statement your labels must carry
PROCESSED AND PREPARED BY A HOME-BASED FOOD PRODUCTION OPERATION THAT IS NOT SUBJECT TO SOUTH CAROLINA'S FOOD SAFETY REGULATIONS.