Rules for kombucha, cold brew, shrubs, specialty lemonade, juice, dry tea blends, and other craft beverages for South Dakota home food sellers — including what requires a separate license.
Beverages occupy a uniquely complicated corner of South Dakota's cottage food rules. The cottage food statute (SDCL 34-18) primarily focuses on solid foods — baked goods, canned goods, dry mixes — and does not explicitly address most liquid beverages. That creates ambiguity for sellers of craft drinks like kombucha, cold brew, or specialty lemonade.
The clearest guidance comes from what the statute does cover: dry beverage mixes (like spice blends, drink powders, or tea blends) qualify as Tier 1 shelf-stable goods with no requirements. Fermented beverages like kombucha sit in more complex territory — they may qualify under the Tier 2 fermented food provision, but alcohol content and pH create additional regulatory considerations. Fresh juices, fresh-brewed ready-to-drink coffee, and other perishable beverages are almost certainly outside the cottage food rules entirely.
The bottom line: if you are selling a dry beverage ingredient (tea, coffee, drink mixes), you are almost certainly in the clear. If you are selling a ready-to-drink liquid, contact SD DOH at (605) 773-4945 before assuming cottage food coverage applies.
Loose-leaf teas, herbal blends, chai mixes, and any dry tea product are clearly covered as Tier 1 shelf-stable goods under the cottage food rules. No training, no permit, no registration required beyond a correct label.
Roasted whole bean coffee, pre-ground coffee, and dry coffee blends are Tier 1 shelf-stable products. Home roasting and grinding are permitted. This includes flavored coffee grounds, single-origin blends, and espresso blends packaged for home brewing.
Powdered drink mixes — lemonade powder, spiced cider mix, chai powder, hot cocoa blend, electrolyte mixes — are explicitly listed in the SDCL 34-18-35 non-temperature-controlled goods category. Sell freely as Tier 1 products with a proper label.
Shrubs (fruit-and-vinegar syrup concentrates) and drinking vinegars are acidified products. If properly made and pH-tested, they likely meet the ≤ 4.6 pH threshold that qualifies them as Tier 2 home-canned goods. Food safety training or SDSU Extension recipe verification is required before selling.
Because shrubs are concentrated and not ready-to-drink, they sit closer to a condiment than a beverage — which works in their favor regulatorily.
Shelf-stable simple syrups, fruit syrups, and flavor concentrates (for specialty lemonade, cocktail mixers, etc.) can qualify as Tier 2 home-canned goods if they meet the pH or water activity threshold. High-sugar products with a very low water activity may qualify even without an acidic pH.
Kombucha is a fermented beverage, and South Dakota's Tier 2 category explicitly includes fermented foods. On that basis, properly made kombucha may qualify for sale under the cottage food rules after completing the $40 food safety training. However, two factors complicate this significantly:
Ready-to-drink cold brew coffee is a perishable liquid beverage requiring refrigeration. South Dakota's cottage food rules do not cover ready-to-drink liquid beverages other than those explicitly listed (fermented foods, perishable sauces). Cold brew requires a licensed food service facility or commercial beverage license.
Note: Dry cold brew concentrate packets or whole-bean coffee for cold brew preparation at home are entirely different products and are Tier 1 eligible.
Fresh-squeezed and cold-pressed juices are perishable TCS beverages that require refrigeration and, under FDA regulations, must carry a specific unpasteurized warning if sold without heat treatment. These products are outside the scope of South Dakota's cottage food rules and require a licensed food service facility.
Additionally, FDA regulations require that juice sold to consumers be processed under a HACCP plan unless sold directly at the point of manufacture with an unpasteurized warning — which still requires a licensed establishment in South Dakota.
Fresh-brewed specialty lemonade sold as a ready-to-drink product is a perishable beverage and falls outside South Dakota's cottage food rules. However, a lemonade concentrate syrup or dry lemonade mix — sold for buyers to prepare at home — is a different product and may be Tier 1 or Tier 2 eligible depending on formulation. The distinction matters: concentrate is a condiment, poured-to-order lemonade at a market booth is a food service activity.
All products — dry mixes, shrubs, syrups, and any covered beverage — must carry the complete South Dakota cottage food label including product name, ingredients, producer name and address, phone number, production date, and the required disclaimer. See the Label Requirements page for the exact wording.
Use food-grade containers appropriate to the product. Glass mason jars, food-grade plastic bottles, and sealed bags are common options. Containers must protect the product from contamination and be appropriately sealed before sale.
Any covered perishable beverage product (fermented beverages like kombucha, if approved) must include "KEEP REFRIGERATED" on the label and must be sold and stored at or below 41°F at all times.
Liquid products must include net volume in both US customary and metric units (e.g., "8 fl oz / 237 mL"). This is a federal labeling requirement that applies to packaged beverages.
Declare any of the 9 major allergens present in your product — including those processed in the same kitchen — both in the ingredient list and in the required cottage food disclaimer, which already mentions common allergens by name.
Describe your beverage product — ingredients, process, packaging — and get a South Dakota-specific compliance assessment, including which tier applies and what's required to sell legally.
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