# Cottage food label requirements in South Dakota

> Informational only, not legal or food-safety advice. Verify with South Dakota Department of Health, Office of Health Protection / Food Service Program before printing labels. Last checked 2026-08-05.

## What goes on the label

1. The product name, in words a customer would use.
2. Every ingredient, heaviest first.
3. The major allergens, called out separately from the ingredient list.
4. Who made it: your name or your business name.
5. How to reach you.
6. The date it was made.

## The required statement

As published for South Dakota:

> 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.

Published as fixed text: reproduce it exactly.

## Detail

South Dakota fuses the not-inspected notice and the allergen warning into one disclaimer, so it is longer than most states and must be printed whole. Under SDCL 34-18-37 each container or package sold must also carry: product name, producer's name, physical address of production, producer's mailing address, producer's telephone number, date made or processed, ingredients, and a directive to keep refrigerated or frozen where that applies. No permit or licence for the home-processed route, and no sales cap, but sales must be direct and in the seller's physical presence (or personally delivered by the seller or a resident of the seller's home); wholesale and internet-shipped sales require a state licence. Producers selling canned, fermented, frozen or temperature-controlled baked goods must complete an approved food safety course every five years or hold third-party processing authority verification per recipe. Canned goods need pH 4.6 or below or water activity 0.85 or below.

## Sources

- Authority: South Dakota Department of Health, Office of Health Protection / Food Service Program (605-773-4945)
- Rule: https://doh.sd.gov/media/jskjetg5/farmersmarketguideance.pdf
- Authority page: https://doh.sd.gov/media/jskjetg5/farmersmarketguideance.pdf