Every South Dakota cottage food product needs a proper label before it can legally be sold. Here is every required field, the exact required disclaimer, and a complete sample label walkthrough.
The common or descriptive name of the food product. Must be prominent and clearly identify what the product is.
e.g., "Sourdough Bread" / "Strawberry Rhubarb Jam" / "Smoky Chipotle Spice Blend"Your personal name or the trade name under which you operate. If you registered a DBA, use that name. This identifies who made the product.
e.g., "Prairie Pantry Bakes" / "Sarah Olson"The address of the home kitchen where the product was made. Must be your primary residence where production occurs. A P.O. Box alone is not sufficient — include the street address.
e.g., "123 Prairie View Rd, Sioux Falls, SD 57104"If your mailing address differs from your production address, you must include both. If they are the same, one address is sufficient.
A working phone number where the producer can be reached. A mobile number is acceptable. This allows buyers to contact you with questions or concerns about the product.
e.g., "(605) 555-0124"The date the product was prepared, processed, or packaged. Must appear on every individual unit sold. Format is not prescribed — use month/day/year, written date, or batch date stamp.
e.g., "Produced: 04/20/2026" / "Made on: April 20, 2026"All ingredients listed in descending order by weight — the ingredient present in the greatest amount is listed first. Use the common name for each ingredient. Sub-ingredients in compound ingredients (e.g., chocolate chips) must be listed in parentheses.
e.g., "Ingredients: Wheat flour, butter (cream, salt), sugar, chocolate chips (sugar, cocoa butter, chocolate, milk fat), eggs, vanilla extract, baking soda, salt"The net quantity of contents — the amount of food in the package, not including the packaging itself. Express in both US customary and metric units for solid products. Liquid products use fluid ounces and milliliters.
e.g., "Net Wt. 12 oz (340 g)" / "Net 8 fl oz (237 mL)"The exact statutory disclaimer must appear on every label. See the full required text in the Disclaimer section below. This statement is non-negotiable and cannot be abbreviated or paraphrased.
This disclaimer is required by SDCL 34-18-37 for all cottage food products sold in South Dakota. It must appear legibly on every package. Placing it on the back or bottom of the label is acceptable — it does not need to be the most prominent element — but it must be readable without tools or magnification. The allergen list within the disclaimer is part of the statutory language and must be included even if your kitchen does not use those allergens, because the disclaimer speaks to the potential presence of allergens in the kitchen, not just in the product itself. If you also list allergens separately (see below), both disclosures should appear on your label.
This is a sample label for illustration. Always verify current requirements with the SD Department of Health at (605) 773-4945 before your first sale.
Including all wheat-derived ingredients — flour, starch, germ
All peanut and peanut oil products
Almonds, cashews, walnuts, pecans, pistachios, etc.
All dairy — butter, cream, cheese, whey, lactose
Whole eggs, yolks, whites, and egg-derived ingredients
Soybeans, soy flour, soy lecithin, tofu, edamame
Salmon, tuna, tilapia, cod, and other finfish species
Shrimp, crab, lobster, crayfish
Added as the 9th major allergen under FALCPA 2023
South Dakota's required cottage food disclaimer already mentions the most common allergens by name. However, you should also declare any allergens that are actually in your product either in the ingredients list itself or in a separate "Contains:" statement directly after the ingredient list.
Option 1 — Bold in the ingredient list: Bold the allergen name wherever it appears in the ingredient list. This is the most compact approach.
Option 2 — "Contains" statement: Add a separate line after the ingredient list listing all allergens present.
If your product is made in a kitchen that also processes other allergens (even if not in that specific product), you may optionally add a "May contain" or "Made in a facility that also processes" advisory. The required cottage food disclaimer already covers this for the listed allergens.
Net weight is the weight of the food inside the package — not the jar, bag, or box. It must be expressed in both US customary units and metric units (e.g., ounces and grams for solid foods; fluid ounces and milliliters for liquids).
There is no minimum font size specified in South Dakota cottage food law for net weight, but best practice is to use text legible without magnification. A standard size of 6–8pt is common on small packages.
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