Free tool · Cottage food label rules

South Dakota cottage food label rules

What has to be on the label when you sell homemade baked goods in South Dakota, and the limits that matter at a market. Checked September 2026.

Another state Confirmed in official sources

Your label must include

Required statement

“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.”

No font size specified. DOH guidance: label required if packaged.

Brown Butter Toffee Cookies

Sunny Crumb Co. · 123 Palm Ave, Your City, SD 00000

(305) 555-0188 · hello@sunnycrumb.co

Baked on 10/03/2026

Ingredients: enriched flour (wheat flour, niacin, reduced iron, thiamine mononitrate, riboflavin, folic acid), butter (cream, salt), brown sugar, toffee bits (sugar, butter, almonds, soy lecithin), eggs, vanilla extract, baking soda, sea salt.

[‘Keep refrigerated/frozen’ directive for TCS items]

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.

Sample label for illustration, made from the checklist above. Your own label has to match your recipe and your state’s exact rules.

Key limits in South Dakota

Permit: None — no license or registration for non-temperature-controlled baked goods.
Training: none for shelf-stable baked goods like cookies (5-year food safety training required only for canned, fermented, frozen and refrigerated/TCS baked goods)
Sales cap: none
Where you can sell: Only in the seller’s physical presence at the seller’s primary residence, a farmers market, a roadside stand, or another temporary sale venue; no retail, wholesale or restaurant sales.
Online & shipping: Seller or a household member must personally deliver to the buyer; SD DOH treats internet sales as indirect (not allowed without a license); no shipping.
Law: Home-processed food exemption, SDCL §§ 34-18-34 to 34-18-38 (SL 2010 ch 172; amended 2020 and SL 2022 ch 106)

What we could not confirm (2)

Online ordering: SD DOH guidance (June 2022) calls internet sales indirect and not allowed; IJ says online ordering with in-person delivery is OK — statute only requires sale in seller’s physical presence with personal delivery
HB 1179 (2025) would have changed the label wording; reported as deferred/killed (secondary source) and statute history shows no change after 2022

Check with: South Dakota Department of Health (exempt from licensing)

Last change to the law: 2022 (SL 2022 ch 106)

Sources

Made by BakersKeep

Set up this label once. Print it for every cookie.

BakersKeep builds your South Dakota label from each recipe: ingredients in order, allergens and the required statement. Change a recipe and every label updates. It also prices your cookies, takes pre-orders and writes the week’s posts.

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This page is general information, not legal advice. Rules change and counties can add their own. Confirm with South Dakota Department of Health (exempt from licensing) before you print. Spotted something out of date? Tell us.

South Dakota cottage food label rules

Your label must include

Required statement

Set up this label once. Print it for every cookie.

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