South Dakota allows some temperature-controlled foods under the cottage food rules — one of the few states in the country to do so. Here's what's allowed, what requires training, and what remains off-limits.
TCS stands for Temperature Control for Safety. It's the regulatory shorthand for any food that requires specific temperature conditions — refrigeration, freezing, or hot holding — to prevent the growth of pathogens that can cause foodborne illness.
Foods become TCS when they combine moisture and protein in ways that allow dangerous bacteria like Listeria, Salmonella, Staph aureus, and Clostridium botulinum to multiply quickly. That's why a bag of cookies is safe at room temperature for weeks, while a slice of cheesecake left out for two hours can become dangerous.
Most states prohibit all TCS foods from their cottage food programs. South Dakota takes a more nuanced approach: certain TCS foods — specifically perishable baked goods, perishable sauces, fermented foods, and frozen produce — can be sold by home food sellers who have completed the state-approved food safety training or had their recipes verified by a processing authority.
Most state cottage food programs draw a hard line at TCS foods — if your product needs refrigeration, it's off-limits. South Dakota is different. HB 1322 (2022) explicitly allows perishable baked goods, perishable sauces, fermented foods, and frozen produce to be sold under the cottage food rules — as long as the seller has completed the $40 DOH-approved online food safety training every five years. That training covers exactly the knowledge needed to handle these products safely.
Perishable baked goods, pesto, fermented foods like sauerkraut. Must be kept at or below 41°F (5°C) at all times including during sale at markets.
Frozen produce must be kept at or below 0°F (-18°C). Must remain frozen throughout storage, transport, and the point of sale.
The temperature range where pathogens multiply rapidly. TCS foods must never linger in this zone longer than necessary. Keep cold foods cold.
South Dakota's cottage food rules allow you to prepare all covered products — including perishable baked goods and fermented foods — in your home kitchen. You are not required to rent a commercial kitchen for any Tier 1 or Tier 2 product. In fact, the law specifies that production must take place at a residence.
However, if you want to sell products that fall outside the cottage food rules — full prepared meals, dairy products, meat jerky, or other regulated foods — you will need a licensed food service establishment or commercial kitchen. For those products, contact the SD Department of Health Office of Health Protection at (605) 773-4945 to discuss licensing options.
Bring a food-grade cooler or refrigerated display unit to any market or event. Your perishable products must stay at 41°F or below throughout the sale period. Pre-chill your cooler before loading product.
Monitor cooler temperature throughout the event with a probe or ambient thermometer. Don't assume — verify. If temperature creeps above 41°F, remove products from sale immediately.
Move perishable products from your home refrigerator to the sales venue as quickly as possible. Use insulated bags or a powered cooler for transport. Never let perishable products warm up in a car.
Every perishable product you sell must include this exact language on the label. Buyers need to know the product requires refrigeration the moment they take it home.
TCS foods should never be left in the 41–135°F danger zone for more than 4 hours total — from prep through sale. Track your prep time and set a cutoff for when unsold perishable product must be discarded.
Verbally remind buyers that the product needs to be refrigerated promptly. A small card insert or sticker is a simple and effective way to make sure your customers keep the product safe after purchase.
To sell any perishable or fermented product, you must complete the SD DOH-approved online food safety course. Cost: $40. Valid for 5 years. Register through SDSU Extension:
Note: A standard ServSafe food handler card does not qualify — the course must cover food preservation techniques.
Describe your prepared food product and get an instant TCS classification for South Dakota — including which tier applies, what training is required, and how to label it correctly.
Create Free Account to Use This Tool →Ready to sell your home-made perishable goods or cottage food products in South Dakota? Create your free storefront and reach buyers who love local, artisan food.
Start Selling — It's Free →