South Carolina · Section 1 of 8

What You Can Sell in South Carolina

South Carolina's Home-Based Food Production Law covers a broad range of shelf-stable foods. Here's the full picture — open, restricted, and prohibited — so you can plan your product line with confidence.

Open, Restricted & Prohibited Foods

Every food a home seller might make falls into one of three categories under South Carolina's Home-Based Food Production Law. Open foods are clearly allowed with no special conditions. Restricted foods are allowed, but only when specific requirements are met. Prohibited foods cannot legally be made and sold from a home kitchen under this law — a different license pathway is required.

Open
Clearly Allowed
Baked Goods
Breads & Rolls
Yeast-leavened; bagels, sandwich loaves, rolls, baguettes
Cakes, Cupcakes & Brownies
Non-perishable frostings only (e.g., buttercream, royal icing)
Cookies, Scones & Biscuits
All standard varieties; no cream fillings
Donuts, Macarons & Cake Pops
Shelf-stable fillings and coatings only
Pies (Non-Cream)
Fruit pies, nut pies, pecan; no custard or cream fillings
Tortillas & Flatbreads
All types; flour, corn, etc.
Pastries: Churros, Danish, Empanadas
Shelf-stable fillings only
Candy & Sweets
Candy, Brittles & Fudge
Hard candy, brittles, fudge, truffles, cotton candy
Chocolate & Chocolate-Covered Items
Dipped fruit (dried), bark, chocolate bars
Caramel Corn & Kettle Corn
All shelf-stable popcorn varieties
Marshmallows
Homemade or flavored; shelf-stable
Preserves & Condiments
Jams, Jellies & Marmalades
Water-bath processed; standard NCHFP recipes
Fruit Butters & Chutneys
High-sugar, low pH fruit products; shelf-stable
Mustards, Nut Butters & Syrups
Shelf-stable varieties; no refrigeration required
Vinegars & Infused Oils
Commercially processed base; shelf-stable infusions
Dry Goods & Snacks
Spice Blends, Herbs & Tea
Dried, shelf-stable; no fresh herbs
Baking Mixes & Granola
Dry ingredients; no dairy or egg inclusions
Dried Fruit, Nuts & Seeds
Commercially dried or home-dehydrated; Aw ≤ 0.85
Crackers, Pretzels & Veggie Chips
Baked or dehydrated; shelf-stable
Pasta Noodles & Dry Cereals
Dry only; low Aw; no fresh pasta
Coffee Beans & Roasted Coffee
Whole bean or ground; shelf-stable
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Restricted
Allowed With Conditions
Acidified & Fermented Foods
Pickles & Pickled Vegetables
Must be properly acidified to pH ≤ 4.6 using tested recipes. Consult Clemson Extension for product assessment guidance.
Salsas
Allowed only when pH ≤ 4.6. Use NCHFP-tested salsa recipes or get pH tested by Clemson Extension's Food2Market program.
Fermented Foods (Non-Kombucha)
Allowed when non-potentially hazardous (pH ≤ 4.6 or Aw ≤ 0.85). Examples: shelf-stable kimchi, sauerkraut. Product assessment may be required.
Applesauce & Canned Fruit
Allowed when properly water-bath processed using tested recipes with correct acidity. Low-acid versions are prohibited.
Baked Goods — Conditional
Quick Breads (Baking Soda/Powder)
May require pH testing before sale if product falls into the Product Assessment Required (PA) zone. Contact Clemson Food2Market before selling.
Fruit Leathers
Allowed when properly dehydrated to Aw ≤ 0.85. Commercially-sourced fruit base recommended; follow safe dehydration guidelines.
Honey
Raw & Processed Honey
Allowed under HBFPL for up to 400 gallons/year direct-to-consumer. Cannot also hold an SCDA RVC/Honey Exemption simultaneously. Retail store sales require an SCDA RVC.
Infused Honey
Allowed under HBFPL cottage food rules (not the separate honey exemption). Shelf-stable; no dairy or protein infusions that raise Aw.
Dehydrated Foods
Freeze-Dried or Dehydrated Foods
Allowed only when commercially processed source food is used and final Aw ≤ 0.85. Home dehydration of raw meats or proteins is prohibited — pathogen risk remains even when dry.
Retail Store Sales
Any Product Sold in a Retail Store
Allowed in pre-packaged, labeled form. Store must post the required HBFPL disclaimer sign. Product cannot be used as an ingredient in the store's kitchen without a SCDA variance.
Beverages
Carbonated Drinks
Non-alcoholic only. Must be shelf-stable and non-potentially hazardous. Detailed rules on the Beverages page.
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Prohibited
Not Allowed
Perishable Baked Goods
Cream-Filled Pastries
Custard, pastry cream, or whipped cream fillings require refrigeration — TCS food
Cheesecakes
Cream cheese is a TCS ingredient; requires refrigeration
Cream Cheese or Dairy Frostings
Cream cheese frostings, whipped cream toppings — must be refrigerated
Custard & Cream Pies
Egg- or dairy-based custards are potentially hazardous foods
Meat & Protein Products
Meat Jerky
All meat jerkies; requires SCMPID or USDA inspection
Lard & Rendered Animal Fat
Classified as a meat product under SC law; inspected facility required
Any Product with >3% Raw or >2% Cooked Meat
Triggers USDA/SCMPID jurisdiction regardless of other ingredients
Canned & Bottled Foods
Low-Acid Canned Foods
Canned vegetables, canned meats, beans — botulism risk; pH > 4.6 without acidification
Fresh-Pressed Juices
Unpasteurized fruit or vegetable juice — potentially hazardous
Beverages
Kombucha
Prohibited — variable alcohol content and pH make it potentially hazardous under SC rules
Alcoholic Beverages
Beer, wine, spirits — require SC DSS or ABC license; not cottage food
Dairy & Eggs
Fresh Cheese & Dairy Products
Regulated by SCDA Milk Safety; commercial dairy license required
Raw Seed Sprouts
Classified as potentially hazardous under the 2009 FDA Food Code adopted by SC
Other
Pet Food
Not covered under HBFPL; separate registration required from SCDA
Out-of-State Shipping
Not a product type, but any interstate sale or shipment falls outside SC cottage food law regardless of product
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Understanding Why Restrictions Exist

South Carolina's Home-Based Food Production Law is grounded in the 2009 FDA Food Code. The core concept is simple: foods that require time or temperature control to stay safe cannot be made and sold from a home kitchen. Here's what that means in practice.

🌡️ What Is a TCS Food?

TCS stands for Temperature Control for Safety. These are foods that support the rapid growth of harmful bacteria when left at unsafe temperatures (between 40°F and 140°F). Meat, poultry, dairy, eggs, cooked vegetables, and cut produce are classic TCS foods. South Carolina's cottage food law prohibits TCS foods because a home kitchen cannot guarantee the temperature controls a licensed food facility can.

⚗️ The pH Rule Explained

pH measures acidity. Foods with pH ≤ 4.6 are acidic enough to inhibit the growth of dangerous bacteria like Clostridium botulinum — no matter the temperature. That's why pickles, jams, and vinegars are allowed when properly made: their acidity protects them. Foods with pH above 4.6 AND water activity above 0.85 fall into the "Product Assessment Required" zone and are generally prohibited unless tested.

pH 4.6 safety line
0 (Acidic) 7 (Neutral) 14 (Alkaline)

💧 Water Activity (Aw)

Water activity (Aw) measures how much "free" water is available in a food for microbial growth. A value of 1.0 is pure water; 0.0 is completely dry. Foods with Aw ≤ 0.85 are shelf-stable enough for cottage food — this covers most dry goods, crackers, properly dehydrated fruits, and very low-moisture baked goods. When in doubt, Clemson Extension's Food2Market program can run a product assessment for you.

🏪 The Retail Store Exception

Most U.S. states restrict cottage food to direct-to-consumer sales only. South Carolina is one of a small handful that allows retail store placement. Your products must be pre-packaged, fully labeled with the state disclaimer, and sold "as-is" — the retailer cannot use your product as a cooking ingredient without a separate SCDA variance. The store must also display the required HBFPL notice to customers.

pH ≤ 4.6 = generally safe
Aw ≤ 0.85 = generally safe
pH > 4.6 + Aw > 0.85 = needs product assessment
Requires refrigeration = prohibited

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