Is Cottage Food Legal in South Carolina? (2026)
Yes. In South Carolina, cottage food is legal. South Carolina has a robust Cottage Food Law, allowing home-based production and sale of certain low-risk foods directly to consumers without a commercial kitchen license..
Key facts
- Status
- Legal
- Permit required
- No
- Jurisdiction
- South Carolina
- Last reviewed
- 2026-02-26
Cottage Food laws in South Carolina
The South Carolina Cottage Food Law, enacted in 2012 and amended, permits individuals to produce and sell non-potentially hazardous foods from their homes. These foods typically include baked goods, jams, jellies, dried fruits, and candies. The law, often referred to as the 'Home-based Food Production' law (specifically, South Carolina Code of Laws Title 44, Chapter 1, Article 5, Section 44-1-140 part (B)(21)), exempts certain home kitchens from food service permitting requirements if they meet specific criteria. Sales are generally restricted to direct-to-consumer venues like farmers markets, roadside stands, and community events, and cannot exceed a gross annual income limit, which was last set at $20,000 but may be subject to change. Producers must label their products with specific information, including their name, address, and an allergen declaration, along with a statement that the food is 'Made in a home kitchen and is not inspected by the Department of Health and Environmental Control.' There are also restrictions on the types of food that can be produced; potentially hazardous foods requiring refrigeration are generally not allowed. The law is designed to support small food businesses and increase access to locally produced goods while maintaining public health standards. While the law provides significant flexibility, producers are still responsible for ensuring the safety and proper labeling of their products. Non-compliance could lead to complaints, investigations by the Department of Health and Environmental Control (DHEC), and potential orders to cease operations if public health is deemed at risk.
Frequently asked questions
Is cottage food legal in South Carolina for travelers?
For travelers visiting South Carolina, cottage food is currently legal. The South Carolina Cottage Food Law, enacted in 2012 and amended, permits individuals to produce and sell non-potentially hazardous foods from their homes. These foods typically include baked goods, jams, jellies, dried fruits, and candies. The law, often referred to as the 'Home-based Food Production' law (specifically, South Carolina Code of Laws Title 44, Chapter 1, Article 5, Section 44-1-140 part (B)(21)), exempts certain home kitchens from food service permitting requirements if they meet specific criteria. Sales are generally restricted to direct-to-consumer venues like farmers markets, roadside stands, and community events, and cannot exceed a gross annual income limit, which was last set at $20,000 but may be subject to change. Producers must label their products with specific information, including their name, address, and an allergen declaration, along with a statement that the food is 'Made in a home kitchen and is not inspected by the Department of Health and Environmental Control.' There are also restrictions on the types of food that can be produced; potentially hazardous foods requiring refrigeration are generally not allowed. The law is designed to support small food businesses and increase access to locally produced goods while maintaining public health standards. While the law provides significant flexibility, producers are still responsible for ensuring the safety and proper labeling of their products. Non-compliance could lead to complaints, investigations by the Department of Health and Environmental Control (DHEC), and potential orders to cease operations if public health is deemed at risk.
Do I need a permit for cottage food in South Carolina?
South Carolina does not specifically require a permit for cottage food, though general regulations apply.
Can I transport cottage food through South Carolina?
Transport laws for cottage food in South Carolina depend on the specific item and your route. Generally, transport is allowed if you comply with state regulations. Always check states you pass through.
What are the penalties for cottage food violations in South Carolina?
Penalties for cottage food violations in South Carolina vary based on the specific offense. Always verify current laws before traveling.