Rules for non-perishable goods, home-canned products, and everything you can sell without a refrigerator — including South Dakota's unique pH and water activity thresholds.
A shelf-stable food is one that can be safely stored at room temperature without refrigeration — and without posing a risk of harmful bacterial growth. South Dakota's cottage food rules are built around this concept: foods that don't require temperature control to stay safe are the easiest to sell, with no training or permit required.
For standard baked goods and dry goods, "shelf-stable" is intuitive: a bag of cookies, a jar of homemade spice blend, or a loaf of sourdough bread are obvious examples. But South Dakota also extends cottage food coverage to a second, more nuanced category — acidified or low-water-activity products like jams, pickles, and canned tomatoes — that are shelf-stable not because they're dry, but because their chemistry prevents dangerous bacterial growth.
For home-canned goods, South Dakota law (SDCL 34-18-36) sets two thresholds. A product only needs to meet one of them to qualify:
Products that do not meet either threshold — low-acid canned vegetables, canned meats, most bean or corn products packed in water — are prohibited under the cottage food rules regardless of how careful your process is. These require a licensed commercial facility.
South Dakota does not impose any annual gross sales limit on cottage food operations. Your business can grow as large as your market allows without triggering a license upgrade or additional registration requirement.
Direct sales from your primary residence. Customers can come to you, or you can drive product to them — you just need to be present for the exchange.
All cottage food tiers can sell at farmers markets and pop-up markets. South Dakota has 40+ active markets statewide through the SD Specialty Producers Association.
You can operate a roadside stand at or near your home address. A household member may run the stand in your place.
Church bazaars, community fairs, seasonal events, craft shows. Any "temporary sales venue" qualifies under the statute.
Taking orders online and fulfilling them in person is generally permitted as a form of direct-to-consumer sale. Confirm with SD DOH at (605) 773-4945 before building a web storefront.
The seller or another household member may deliver directly to the buyer. The seller must be present — the product cannot travel independently.
You cannot sell to grocery stores, specialty food retailers, or any third-party shop for resale. Wholesale is not permitted under the cottage food rules.
Shipping through UPS, FedEx, USPS, or any carrier is explicitly prohibited. The seller must be personally present at every transaction point.
All food preparation and packaging surfaces must be properly sanitized before use. This is standard practice and does not require commercial-grade equipment.
Your kitchen must have adequate measures to prevent pest infestations. Gaps, cracks, or pest activity in your kitchen area can put your cottage food operation at risk.
Cottage food products and ingredients should be stored separately from household food items to prevent cross-contamination. Clearly label all cottage food inventory.
Standard shelf-stable baked goods and dry goods can be stored at room temperature in clean, sealed containers or packaging. Keep away from moisture and direct sunlight.
After canning, inspect every jar for a proper seal (the lid should not flex). Store in a cool, dark location. Discard any jar with a broken seal, unusual odor, or signs of spoilage.
If you completed the DOH-approved food safety training, retain your certificate of completion and be able to produce it on request. For recipe-verification sellers, retain written verification for each product recipe.
Wash hands thoroughly before and during food preparation, especially when handling ready-to-eat products. Avoid bare-hand contact with finished food items.
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