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Cottage Food Laws in South Dakota [2024 Update]

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Overview of Guidance and Ordinances for Cottage Food Laws in South Dakota

The revised cottage food laws in South Dakota permit the preparation and sale of non-temperature controlled foods and baked goods from home residences. Unlike the previous law, this amendment broadens the scope, encompassing a variety of items like nuts, grains, seeds, dry mixes, and an array of baked goods without mandating food licensure or the state-approved online training from the South Dakota Department of Health. However, it's crucial to note that certain products like meat jerky and honey, though non-temperature controlled, fall under different regulatory bodies in South Dakota and might have separate requirements governed by agencies like the South Dakota Department of Agriculture or the South Dakota Animal Industry Board. For further clarification on permissible food items under the new cottage food laws, guidance can be sought from SDSU Extension's food safety field specialist or the South Dakota Department of Health.

Food Labeling Requirements according to South Dakota Cottage Food Laws

Food prepared at home for sale must comply with specific labeling requirements, including details such as the product's name, producer's name and contact information, production and mailing addresses, production date, ingredients, refrigeration instructions, and a disclaimer noting it wasn't made in a commercial kitchen and may contain common allergens. The updated regulations allow SDSU Extension to generate a nutrition facts panel and ingredient declaration statement using Genesis Labeling Software, ensuring compliance and accurate ingredient representation by listing them in order of predominance.

Summarized Business Regulations for Cottage Food Laws in South Dakota

In South Dakota, a Cottage Food Operation refers to a small-scale food business operated from a home kitchen, producing low-risk food items that don't require refrigeration for safety. These operations are limited in sales and can sell directly to consumers through farmer's markets, stands, or online, but not through third-party retailers. Cottage Food Operations must comply with specific labeling, training, and sanitation requirements outlined by the state's health department.

South Dakota

South Dakota Department of Health

This dashboard is provided as an informational resource and is not affiliated with the above department. While we strive to keep our information accurate and up to date, we do not claim to provide official legal advice or representations regarding cottage food laws or any other regulations. Laws and regulations can change frequently, and they can vary significantly by location. We encourage all users to consult their local health department or a legal professional to obtain the most current information and advice specific to their circumstances.

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