Verified October 29, 2026 from official South Dakota sources.
The short answer: South Dakota homemade food sellers are exempt from licensing if they meet the labeling and venue rules. Food must be sold in the seller's physical presence at your home, a farmers market, a roadside stand or another temporary sale venue. Some refrigerated foods are allowed with food safety training.
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Some fermented foods, refrigerated baked goods such as cheesecake, and refrigerated sauces and pesto kept at or below 41°F, plus frozen produce kept at or below 0°F.
In the seller's physical presence at your primary residence, a farmers market, a roadside stand or another temporary sale venue.
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.
Plus product name, producer name, physical and mailing address, phone, date made and ingredients.
Chef Next Door isn't available for South Dakota home cooks yet, because South Dakota requires homemade food to be sold in the seller's physical presence. Questions? Book a 15-minute call.
Related: Permits by state · North Dakota · Nebraska · Minnesota
This page is general information, not legal advice. Laws change and can differ by city and county. Confirm with your state or local health or agriculture department before you sell.