South Dakota Cottage Food Label Requirements

The required label statement

This product was not produced in a commercial kitchen. It has been home-processed in a kitchen that may also process common food allergens such as tree nuts, peanuts, eggs, soy, wheat, milk, fish, and crustacean shellfish.

The two-sentence disclaimer must appear exactly as written in SDCL § 34-18-37(9). The statute fixes no type size, placement, case or contrast rule.

What must be on your label

• Food prepared at a residence may not be sold unless it has a label (SDCL § 34-18-37)
• Name of the product (§ 34-18-37(1))
• Name of the producer (§ 34-18-37(2))
• Physical address of production (§ 34-18-37(3))
• Mailing address of the producer (§ 34-18-37(4)) — a second address line when it differs from the production address
• Telephone number of the producer (§ 34-18-37(5))
• Date the product was made or processed (§ 34-18-37(6)) — on every label
• Ingredients (§ 34-18-37(7))
• For foods sold under § 34-18-36.1 (refrigerated fermented foods, TCS baked goods such as kuchen, cheesecake and custard/cream-filled goods, TCS sauces and pesto, frozen fruit/produce): a directive to keep refrigerated or frozen (§ 34-18-37(8))
• The disclaimer: "This product was not produced in a commercial kitchen. It has been home-processed in a kitchen that may also process common food allergens such as tree nuts, peanuts, eggs, soy, wheat, milk, fish, and crustacean shellfish." (§ 34-18-37(9))

Example: a South Dakota label for a bag of butter cookies

An illustrative worksheet with the lines South Dakota requires, and placeholders for your own details. It is not an approved product label or a tested recipe. Replace the ingredients and the measured package quantity with your actual product information.

The example ingredient order follows the input weights in our butter-cookie recipe. It does not establish the weight of a finished bag. Any additions or supplier sub-ingredients must be reflected in your own label. The statement's size on this web page is not a print-size check; compare the printed label with the rule above.

Before you print

1. Match every ingredient and sub-ingredient to your actual recipe and supplier labels.
2. Check the allergen declaration, the filled package's net quantity, and producer details.
3. Include the South Dakota statement and check its size on the final printed label.
4. Review the whole package, including any required information placed outside the Nutrition Facts panel.

South Dakota cottage food label questions

Does a South Dakota cottage food label need a home-kitchen statement?

Yes. The label must say "This product was not produced in a commercial kitchen. It has been home-processed in a kitchen that may also process common food allergens such as tree nuts, peanuts, eggs, soy, wheat, milk, fish, and crustacean shellfish.". The two-sentence disclaimer must appear exactly as written in SDCL § 34-18-37(9). The statute fixes no type size, placement, case or contrast rule.

Do I need a license or registration to sell cottage food in South Dakota?

No. No license, registration or fee: a person selling food prepared at their primary residence is exempt from the food-service licensing and license-fee provisions if the food is labelled per § 34-18-37, sold in the seller's physical presence at the residence, a farmers market, a roadside stand or another temporary sale venue, and personally delivered by the seller (or a member of the household) at the completion of the sale (SDCL § 34-18-38). Canned goods (pH ≤ 4.6 or water activity ≤ 0.85) and the TCS/fermented/frozen foods of § 34-18-36.1 additionally require department-approved food safety training every five years (or written third-party process-authority verification of each recipe) (§ 34-18-36).

Is there a sales limit for South Dakota cottage food?

No annual cap is set: none — no cap in SDCL ch. 34-18; the SD DOH farmers market guidance (June 2022) states "There are no monetary limits on the amount of sales".

Where can I sell cottage food in South Dakota?

Direct, in the seller's physical presence, at the seller's primary residence, a farmers market, a roadside stand or other temporary sale venue, with personal delivery at the completion of the sale (SDCL § 34-18-38(2)–(3)). No wholesale/indirect sales — retail-store or internet sales require a state license (SD DOH guidance). Allowed without a license: non-temperature-controlled foods prepared at a residence, home-processed canned goods meeting § 34-18-36, baked goods, and the trained-producer foods of § 34-18-36.1 (§ 34-18-35). Meat, poultry, fish, dairy, honey and eggs fall under other agencies (SD DOH guidance).

Does a South Dakota cottage food label need a date?

Yes. South Dakota prints the date made or processed on every package, so the label changes with each batch.

Does a South Dakota cottage food label need a Nutrition Facts panel?

Not by state cottage-food law unless a nutrient content or health claim is made; the federal small-business exemption usually applies. If you choose to print a panel, it has to be complete and correctly formatted.