Home and Hearth BakerHome-processed food (food prepared at a residence) license exemption
SDCL 34-18-35, 34-18-36, 34-18-36.1, 34-18-37, 34-18-38 · HB 1222 (2010), first law; amended HB 1240 (2011) and HB 1125 (2020); current text from HB 1322 (2022, 'An Act to provide for the direct sale of certain home-produced or home-processed foods and food products'). No later amendment found: HB 1179 (2025) and HB 1187 (2025) were deferred to the 41st day. No 2026 bill amending chapter 34-18 found.
Yearly sales limit
No state limit
No cap in SDCL 34-18-35 to 34-18-38. DOH guidance (June 2022): 'There are no monetary limits on the amount of sales.' A $5,000 cap was removed by HB 1125 (2020) (Forrager, third-party).
No cap in SDCL 34-18-35 to 34-18-38. DOH guidance (June 2022): 'There are no monetary limits on the amount of sales.' A $5,000 cap was removed by HB 1125 (2020) (Forrager, third-party).
Permit or registration
Not required by the state
Food safety training
Only for home-canned goods (and refrigerated/frozen foods under 34-18-36.1): DOH-approved food safety training every five years, or written recipe verification from a third-party processing authority instead (SDCL 34-18-36). Not required for baked goods and other non-temperature-controlled foods: HB 1322 (2022) ties training only to canned goods and 34-18-36.1 foods (SDSU Extension agrees).
South Dakota Cottage Home Processing Food Safety, a self-paced online course by SDSU Extension approved by the SD Department of Health; $40; each person involved in production takes it (SDSU Extension)
South Dakota Cottage Home Processing Food Safety, a self-paced online course by SDSU Extension approved by the SD Department of Health; $40; each person involved in production takes it (SDSU Extension)
Where you make it
A residence (SDCL 34-18-35). Sales from home must be at the seller's primary residence (34-18-38). No kitchen rules (pets, equipment, water supply) are set in the statute.
Selling in person
Allowed: the food must be sold in the seller's physical presence at the seller's primary residence, a farmer's market, a roadside stand, or other temporary sale venue (SDCL 34-18-38(2))
Phone and online orders
Internet sales not allowed without a state license: DOH says 'Examples of indirect sale may include sales from a retail store or via the internet.' and 'Indirect sales would require a state license.' Taking phone or online orders for in-person pickup or personal delivery is not addressed (see open questions).
Delivery and shipping
Allowed only as personal delivery: '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' (SDCL 34-18-38(3)). SDSU Extension says the seller may drive to the buyer and hand-deliver. Third-party delivery services: not addressed.
Selling out of state
No
Stores and wholesale
Not allowed: sales through retail stores are indirect sales that need a state license (DOH guidance); food prepared in a private home may not be used or offered in a licensed food establishment (ARSD 44:02:07:15)
Examples you can sell
Non-temperature-controlled food prepared at a residence, baked goods prepared at a residence, and home-processed canned goods with a pH of 4.6 or less or a water activity of .85 or less (SDCL 34-18-35, 34-18-36)
- Baked goods such as cookies, breads, cakes, rolls, lefse (SDSU Extension)
- Candies (SDSU Extension)
- Nuts, grains, and seeds (DOH guidance; SDSU Extension)
- Dry mixes: spice, baking, drink, and granola mixes; home-ground flour (SDSU Extension)
- Home-canned high-acid or acidified foods such as jams, jellies, and pickled products (pH 4.6 or less, or water activity .85 or less) (SDCL 34-18-36; DOH guidance)
Not allowed
- Canned goods with a pH above 4.6 and a water activity above .85 (SDCL 34-18-36), e.g. home-canned low-acid vegetables, soups, meats (DOH guidance)
- Meat, poultry, jerky, fish, dairy, honey, and eggs: regulated by other agencies (DOH guidance; SDSU Extension)
- Fresh-cut produce and sprouts; juices and ciders (DOH guidance: state license required)
- Take-and-bake products such as unbaked pizzas or pies (DOH guidance: state license required)
- Other prepared foods such as sandwiches, casseroles, salads (DOH guidance: state license required)
- Nut butters (DOH guidance lists them with low-acid canned foods needing a license)
- Time/temperature-controlled foods (soft pies, cheesecake, custard or cream-filled baked goods, kuchen, sauces, pesto, fermented foods, frozen produce) are allowed only under SDCL 34-18-36.1 with training and refrigeration or freezing; outside this app's shelf-stable scope
The statement your labels must carry
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.