SC cottage food law: what home bakers can sell

What the law covers

South Carolina’s cottage food rules are in S.C. Code §44-1-143, “Home-based food production operations.” It covers someone working out of their own home who prepares, packages, stores and sells “nonpotentially hazardous foods.” In plain terms, these are foods that stay safe without refrigeration. The law specifically leaves out aluminum canned goods and charcuterie boards.

A home-based food operation is not a retail food establishment, so you do not need an SCDA retail food permit. SCDA says it “does not issue permits, licenses, certificates, or registrations” to home-based operators (SCDA Retail Food Safety).

Foods you can and cannot sell

SCDA’s home-based food fact sheet gives these examples:

Anything outside the home-based rules “will require a permit,” which means a licensed kitchen. For the full list, see SCDA’s Home-based Food Production Law guidance. If you are not sure about a recipe, email homebasedfoods@scda.sc.gov before you sell it.

Where you can sell

Under §44-1-143(E), you may sell:

• Directly to a person, including online and by mail order.
• To retail stores, including grocery stores. The store must post clearly visible signage saying the products are not subject to commercial food regulations, and SCDA says stores sell the food in its original packaging.

Restaurants are different. SCDA’s fact sheet says home-based food can be served or used as an ingredient in a restaurant only with an SCDA-approved variance, and the restaurant must give customers a consumer advisory with the notice.

Local rules can still apply. The law works “in the absence of a local ordinance to the contrary,” so check your city or county’s home business and zoning rules before you start.

The required label

Every product needs a label with:

1. Your name and address, or an SCDA Home-based Food ID number.
2. The product’s common name.
3. Ingredients in descending order of predominance by weight.
4. This notice, in capital letters and a contrasting color: “PROCESSED AND PREPARED BY A HOME-BASED FOOD PRODUCTION OPERATION THAT IS NOT SUBJECT TO SOUTH CAROLINA’S FOOD SAFETY REGULATIONS.”

SCDA’s fact sheet also says to name each major allergen (and the specific tree nut, such as pecans) or include a statement that the food may contain any major allergen. No health claims are allowed.

Want to keep your home address off the label? After you confirm your foods qualify, you can request an SCDA ID number. It is an identifier for labeling, not a permit.

Kitchen rules while you bake

The statute also sets basic practices. Keep animals, including pets, out of the prep area and away from food. Pause other household activities in the kitchen while you are making food to sell. Anyone who is sick, has an infected wound or has a respiratory infection must not handle the food. Helpers other than you need direct supervision and must know safe food handling.

What about the $1,500 rule?

§44-1-143(G) says the section does not apply to an operation with “net earnings of less than fifteen hundred dollars annually” that otherwise meets the definition. This is not a cap on how much you can sell. If you are unsure how it affects you, ask SCDA at homebasedfoods@scda.sc.gov.

Selling on Fork & Curb

Home bakers can list their business on Fork & Curb, show a menu and take orders for pickup or delivery. Start your seller profile or browse home bakers near you. Want to sell meals or other foods outside the cottage list? See our licensed kitchen guide.