South Carolina cottage food law: sell home-baked food

SCDA's May 2026 fact sheet describes home-based food production, often called cottage food. It means preparing non-potentially hazardous foods in a residential kitchen for sale to consumers or retail stores within South Carolina. SCDA's FAQ says the foods are generally baked goods without cream fillings, candies, cookies and most breads.

• Shelf-stable cakes, cookies and cupcakes
• Dried herbs and spices
• Pie and pie fillings, if high acid
• Roasted nuts
• Sourdough bread made with a commercial sourdough starter

SCDA says making any food that is not allowed will require a permit. Its fact sheet lists these as not allowed. It also points to its Home-based Food Production Law Guidance for a fuller list.

• Time and temperature controlled foods, such as casseroles, meats, seafood and ice cream
• Bottled beverages
• Cheesecake
• Charcuterie boards
• Hot sauce and BBQ sauce

SCDA says it "does not issue permits, licenses, certificates, or registrations" to home-based food producers. It will give you a Home-based Food ID number on request, and you can put that number on your label instead of your address. SCDA's page does not list a fee for the number.

The statute, S.C. Code section 44-1-143, sets no annual sales cap. It says a home-based food operation is not a retail food establishment and is not regulated under Regulation 61-25. It applies "in the absence of a local ordinance to the contrary," so check your city or county.

SCDA's pages do not list a training requirement.

Section 44-1-143(E) says you may sell "directly to a person, including online and by mail order, or to retail stores," including grocery stores. The change came from Act 208, effective May 23, 2022. SCDA's fact sheet adds that the sales are within South Carolina.

Retail stores that carry your product must sell it in its original packaging and post a clear sign that home-based products are not subject to commercial food regulations. A restaurant can serve your food or use it as an ingredient only with a variance approved by SCDA.

The statute does not single out delivery, so check with SCDA before using a courier or delivery app.

The label must include a statement in all capital letters, in a color that contrasts clearly with the background: "PROCESSED AND PREPARED BY A HOME-BASED FOOD PRODUCTION OPERATION THAT IS NOT SUBJECT TO SOUTH CAROLINA'S FOOD SAFETY REGULATIONS."

• Your name and address, or your SCDA Home-based Food ID number
• The standard name of the product
• Ingredients in descending order of predominance by weight
• Each major allergen by name, or a disclaimer that the food may contain any major allergen; name the specific tree nut
• No health claims

• Check your product against SCDA's allowed and not-allowed lists and its guidance.
• Decide whether to request an SCDA ID number so your address is off the label.
• Print the all-caps statement exactly as written.
• Keep sales inside South Carolina.
• Ask your city or county about home-business rules.
• If a shop will stock you, give it the sign wording.
• Email SCDA at homebasedfoods@scda.sc.gov with any borderline product.

South Carolina names online sales in the statute, so an ordering site is a natural fit. pickup.kitchen gives you yourname.pickup.kitchen, a menu with photos, checkout, and payments to your own Stripe account.

Use pickup windows for door pickup, or run a weekly drop with order cutoffs and slots that close when full. Delivery tools plan a route and send it to a driver's phone, with a photo at the door, for days when you deliver. Because the statute does not address delivery directly, confirm with SCDA before you hire anyone to drive.

Your customer list keeps every buyer for the next batch. Put the all-caps statement in your dish descriptions so buyers see it before checkout. Free onboarding, pay as you use.

Checked November 2026 against the official South Carolina sources linked below. Laws change, so open the official page before you print labels or take your first order.

This is a plain-language summary, not legal advice. Check with your state and county before you sell.