Understanding the Framework
South Dakota's Three-Tier System
Tier 1 — Open
No Training Required
Shelf-stable, non-temperature-controlled foods. Cookies, breads, dry mixes, spices, nuts, candy, granola, and most standard baked goods. Just label correctly and start selling.
Tier 2 — Restricted
Training Required
Home-canned goods (jams, pickles, hot sauce), fermented foods, perishable baked goods, pesto, and frozen produce. Requires a $40 DOH-approved online training course every 5 years — or free recipe verification through SDSU Extension.
Tier 2 Alternative
Recipe Verification
Instead of training, you can submit each recipe to a third-party processing authority. SDSU Extension offers this service free of charge and typically turns around results within about a week.
Product Status Reference
What's Open, Restricted, and Prohibited
Baked Goods
Cookies & Brownies
All varieties — standard shelf-stable baked goods
Breads & Rolls
Sourdough, sandwich, dinner rolls, sweet breads
Cakes & Cupcakes
Shelf-stable cakes; buttercream/shortening frosting
Muffins & Scones
Standard non-refrigerated varieties
Bagels, Tortillas, Lefsa
Traditional SD staples — fully allowed Tier 1
Hard Candy & Confections
Lollipops, candy drops, non-refrigerated candy
Candy & Sweets
Fudge & Brittles
Shelf-stable varieties with no cream filling
Chocolate-Covered Items
Shelf-stable: pretzels, nuts, dried fruit
Caramel Corn & Kettle Corn
Shelf-stable popcorn products
Marshmallows & Cotton Candy
Shelf-stable confections
Dry Goods & Pantry
Spice Blends & Seasoning Mixes
Dry rubs, seasoning salts, herb blends
Baking Mixes & Dry Mixes
Pancake mixes, granola mixes, soup mixes
Granola & Trail Mix
Including chocolate or dried fruit additions
Dried Fruit & Dried Vegetables
Home-dried produce; moisture-free
Nuts, Seeds & Nut Butters
Roasted, flavored, or raw — shelf-stable only
Coffee, Tea & Herb Blends
Whole bean, ground, loose-leaf, herbal blends
Pasta Noodles & Dry Pasta
Dried, shelf-stable pasta
Fruit Leathers & Vegetable Chips
Shelf-stable dehydrated snacks
Popcorn (un-caramelized)
Flavored, seasoned — shelf-stable
Shelf-Stable Condiments
Vinegars & Infused Oils
Shelf-stable; not fresh herb-infused without pH check
Dry Mustards & Shelf-Stable Syrups
Simple syrups, fruit syrups — shelf-stable versions
Home-Canned Goods (pH ≤ 4.6 or aw ≤ 0.85)
Jams, Jellies & Preserves
Tier 2 — training OR SDSU recipe verification required
Pickles & Pickled Vegetables
Must meet pH ≤ 4.6 threshold — training required
Hot Sauce & Vinegar-Based Sauces
Canned/shelf-stable only; pH must be ≤ 4.6
Salsa (shelf-stable canned)
Must be acidified and canned; pH ≤ 4.6
Fruit Butters & Chutneys
Home-canned versions; pH test or training required
Applesauce & Canned Tomatoes
Acidified canned goods — training required
Marmalades
Citrus-based home-canned preserves; training required
Fermented Foods
Sauerkraut & Kimchi
Training required; must be refrigerated; label "KEEP REFRIGERATED"
Fermented Hot Sauce
Training required; refrigerated storage and labeling
Perishable Baked Goods
Cheesecake & Cream Pies
Training required; must be kept and sold refrigerated
Cream-Filled Pastries & Custard Items
Training required; refrigerated; label "KEEP REFRIGERATED"
Kuchen (custard-filled)
[VERIFY] — Likely Tier 2 perishable; confirm refrigeration requirement with SDSU Extension at (605) 782-3290
Perishable Sauces
Pesto
Training required; must be refrigerated and labeled
Fresh Herb Sauces
Perishable sauces — training required; refrigerated
Frozen Produce
Frozen Whole or Cut Fruit & Vegetables
Training required; label must say "KEEP FROZEN"
Beverages
Kombucha
[VERIFY with DOH] — Likely Tier 2 fermented beverage; alcohol content and pH critical factors
Canned Goods
Low-Acid Canned Vegetables
pH above 4.6 AND water activity above 0.85 — absolutely prohibited
Canned Meats & Soups
Low-acid products — require commercial pressure canning facility
Fresh Salsa (refrigerated)
Does not meet pH/aw thresholds; requires refrigeration
Meat & Poultry
Meat Jerky
Regulated by SD Dept. of Agriculture & Animal Industry Board — not covered by cottage food rules [VERIFY]
Smoked Meats
Requires USDA-inspected facility; outside cottage food law
Raw or Cooked Poultry Products
USDA FSIS jurisdiction; not cottage food eligible
Dairy & Eggs
Butter, Yogurt & Soft Cheese
Dairy products require separate licensing from SD DANR
Raw Milk Products
Strictly regulated; separate licensing required
Shell Eggs for Resale
Regulated separately; not covered by cottage food rules
Other
Honey
Regulated by SD Dept. of Agriculture — separate licensing [VERIFY with DANR]
Seafood & Fish Products
Separate state and federal regulation; not cottage food eligible
Alcoholic Beverages
Requires separate brewery, winery, or distillery license from SD
Cannabis / THC Edibles
Recreational cannabis not legal for sale in South Dakota
Why Do These Restrictions Exist?
South Dakota's cottage food rules are built around one core principle: foods that can safely sit at room temperature for extended periods carry a much lower risk of causing foodborne illness than foods that require refrigeration to stay safe. That's why Tier 1 has virtually no requirements — a well-baked cookie or a bag of spice blend poses minimal public health risk. The training requirement kicks in when you're selling foods that can harbor dangerous pathogens if handled incorrectly.
What Are TCS Foods and Why Do They Matter?
TCS stands for Temperature Control for Safety. These are foods — like dairy-filled pastries, pesto, or fresh salsas — where bacteria can multiply rapidly if the product isn't kept at the right temperature. South Dakota is one of only a small number of states that allows some TCS foods (like perishable baked goods and pesto) to be sold under the cottage food program at all, which makes it unusually generous. The catch is the training requirement, which ensures sellers understand proper handling, storage temperatures, and the science behind why these foods can be dangerous when mishandled.
The pH and Water Activity Rule for Canned Goods
For home-canned products to qualify under the cottage food rules, they must meet at least one of two thresholds: a pH of 4.6 or lower (acidic enough to inhibit dangerous bacteria like Clostridium botulinum), or a water activity of 0.85 or lower (dry enough that bacteria can't grow). Most jams, jellies, pickles, and properly acidified salsas will meet the pH threshold — but you need to verify this, either by having your recipe tested or by using a USDA-tested recipe exactly as written.
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Free Recipe Verification — SDSU Extension
SDSU Extension's Food Safety program offers free recipe review and pH/water activity verification. Submit your Process and Ingredient Review Form along with one product sample to: 4101 W 38th St., Ste 103, Sioux Falls, SD 57106. Results typically come back within about a week. This service can substitute for the $40 training course for each verified recipe. Contact Curtis Braun at (605) 782-3290.
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