South Carolina cottage food law: home-based food production rules and online sales
Updated October 20, 2026
South Carolina's Home-based Food Production Law (S.C. Code §44-1-143) lets you make non-potentially hazardous foods in your home kitchen and sell them with no food permit, license or sales cap. You can sell directly to people in person, online or by mail order, as long as the food is delivered within South Carolina, and you can also sell packaged products through retail stores, including grocery stores, which must post a sign. The South Carolina Department of Agriculture (SCDA) has run the program since July 1, 2024, and its guidance lists exactly which foods qualify.
In short
- No license, permit or mandatory application. An SCDA ID number for your label is optional.
- No sales cap.
- Online and mail-order sales are allowed, delivered only to South Carolina addresses.
- Retail stores can sell your packaged food if they post SCDA's sign; restaurants need a variance to serve it.
- The foods list is strict: no pickles, salsa, chow-chow, pumpkin or sweet potato pie, cheesecake or cream cheese icing.
South Carolina cottage food rules at a glance (October 2026)
| Rule | What South Carolina requires |
|---|---|
| Law | S.C. Code §44-1-143, Home-based Food Production Law, as amended by S. 506 (effective May 23, 2022) |
| Regulator | South Carolina Department of Agriculture (from July 1, 2024, under Act 60); guidance written with Clemson Extension |
| License, permit, fee | None for food. A retail food permit and a wholesale Registration Verification Certificate aren't needed if you follow the law |
| Sales cap | None |
| Who can operate | An individual, from the family-use kitchen inside their own dwelling |
| Foods | Non-potentially hazardous foods only, per SCDA's allowed list. No aluminum canned goods or charcuterie boards |
| Direct sales | In person, online and by mail order, delivered only in South Carolina |
| Retail stores | May sell your food in its original packaging and must post SCDA's sign |
| Restaurants | May sell your packaged, labeled food; serving it or using it as an ingredient needs an SCDA variance the restaurant applies for |
| Kitchen rules | No pets in the production area while you make or pack food; no other household activity in the kitchen at the same time; approved water and sewage |
| Small sellers | Operations netting under US$1,500 a year can skip the labeling and other provisions, but must sell in person and not through stores |
| Label statement | "PROCESSED AND PREPARED BY A HOME-BASED FOOD PRODUCTION OPERATION THAT IS NOT SUBJECT TO SOUTH CAROLINA'S FOOD SAFETY REGULATIONS." |
This is general information, not legal advice. Questions go to SCDA or Clemson's cottage food team (sccottagefood@clemson.edu).
Which foods can you sell under South Carolina's cottage food law?
SCDA's guidance (version 1.4, July 2025) has long allowed and not-allowed lists. Highlights:
| Allowed | Not allowed |
|---|---|
| Shelf-stable cakes, cupcakes and cookies, iced with a standard non-TCS buttercream (pasteurized eggs only) | Cheesecake, cream pies, custard and meringue pies, fruit tarts |
| Fruit pies and fried pies with high-acid fruit fillings (apples, peaches, berries and so on) | Pumpkin and sweet potato pies; carrot cake unless made from a dry commercial mix |
| Breads, bagels, cheese bread baked in, focaccia without vegetables, sourdough from a commercial starter | Quick breads or muffins with fresh, frozen or canned fruit or vegetables; pizza dough; sourdough starter |
| Jams, jellies and preserves from science-based recipes with high-acid fruit | Pepper jelly, fig preserves, low-sugar or no-sugar jams |
| Candy, fudge, chocolate, marshmallows, iced cinnamon rolls | Pickles, salsa, chow-chow, relish, hot sauce, BBQ sauce, fermented foods |
| Granola, trail mix, roasted nuts, home-roasted coffee, home-dried herbs, spices and teas | Bottled drinks, kombucha, cold brew, boiled peanuts, nut butters |
| Edible cookie dough with heat-treated flour (not refrigerated) | Cream cheese or caramel icings, anything sold refrigerated or frozen, meat, seafood, CBD or Delta-8 |
Recipes that would need lab testing to prove they are shelf-stable aren't allowed under the law; they need a retail food establishment permit. Food must be packaged at home, so you can't slice, ice or top products on site at a market.
Can you sell cottage food online and ship it in South Carolina?
Yes, within the state. The law lets you sell directly to a person "including online and by mail order." SCDA's guidance adds that the food must be delivered only in South Carolina: sales across state lines fall under FDA rules. If an out-of-state customer buys from you in South Carolina and drives the food home, SCDA treats that as outside your control and allowed.
What goes on a South Carolina cottage food label?
- The name and address of your operation, or the SCDA Home-based Food ID number instead of your address (request it with the form in SCDA's guidance).
- The product's standard name.
- Ingredients in descending order by weight.
- The statement in the table above, in all capital letters and in a color that contrasts with the background.
- An allergen statement naming each major allergen (wheat, soy, milk, egg, peanuts, tree nuts by type, sesame), or a disclaimer that the food may contain any major allergen.
No health claims are allowed. A Nutrition Facts panel isn't required. Use the food label maker and the allergen label maker.
Worked example: a benne wafer baker in Charleston
Prices are illustrative, as of October 2026. A home baker sells tins of benne (sesame) wafers to local customers and supplies a downtown gift shop.
| Item | Amount |
|---|---|
| Online orders a month (pickup and her own delivery) | 45 tins at US$14.00 |
| Online sales a year (45 × 12 × US$14) | US$7,560 |
| Gift shop order | 30 tins a month at US$10.00, sold in her labeled packaging |
| Gift shop sales a year | US$3,600 |
| South Carolina sales cap | None |
| Menuthere plan | Free: 45 orders a month is within the Free plan's 50; customers pay at pickup or delivery |
| Menuthere commission | US$0.00 |
Sesame must be named in her allergen statement. The gift shop has to post SCDA's sign next to her tins. If she wants customers to pay by card online or pre-order for a set day, that's Lite at US$17 a month.
How to set up a Menuthere ordering page for South Carolina rules
- List only foods on SCDA's allowed list, with allergens ticked (allergens and nutrition, every plan).
- Add the label statement to each product description so online buyers see it before they order.
- Offer pickup and your own delivery in
Settings → Ordering → Order types(order types), and set a delivery radius. If you live near the Georgia or North Carolina line, keep the radius inside South Carolina. - Post mail orders yourself, only to South Carolina addresses; Menuthere has no shipping option.
Menuthere doesn't check South Carolina law for you; you choose the products and options. The SC business license is a tax matter, separate from food rules; ask the SC Department of Revenue about sales tax, and see our guide to sales tax on restaurant food.
Other states
North Carolina inspects home kitchens and bans pets from the home altogether, Georgia also allows store sales with a disclosure statement, and Virginia bans sales to businesses. Compare them all on the cottage food laws hub.
FAQs
Do I need a license to sell baked goods from home in South Carolina?
No. SCDA says no food permit or license is needed under the Home-based Food Production Law, and the ID number for labels is voluntary. A business license from your city or county is a separate tax matter.
Is there a sales limit for cottage food in South Carolina?
No. South Carolina's law has no annual sales cap. Operations with net earnings under US$1,500 a year can skip the labeling and other provisions, but they must sell in person directly to the consumer and not through stores.
Can I sell cottage food online in South Carolina?
Yes. You can sell online and by mail order directly to consumers, but the food must be delivered to South Carolina addresses. Sales across state lines fall under FDA regulations.
Can I sell cottage food to stores and restaurants in South Carolina?
Yes, to retail stores, including grocery stores, which sell it in your original packaging and post a sign that it isn't subject to commercial food regulations. A restaurant can sell your packaged food, but serving it or using it as an ingredient needs an SCDA variance.
Can I sell pickles or pumpkin pie under South Carolina cottage food law?
No. SCDA's guidance lists pickles, salsa, relish, chow-chow and other acidified foods, as well as pumpkin and sweet potato pies, as not allowed. They need a retail food establishment permit and a commercial kitchen.
Can I take South Carolina cottage food orders through Menuthere?
Yes. A free Menuthere ordering page takes up to 50 orders a month with 0% commission, and Lite (US$17 a month) adds pre-orders and card payments through your own Stripe account. Deliver only within South Carolina.
Sources (3)
- South Carolina Department of Agriculture, South Carolina Home-based Food Production Law Guidance, version 1.4 (July 2025) (history incl. S. 506 effective May 23, 2022 and Act 60 transfer on July 1, 2024; no licenses, permits or mandatory applications; sales direct incl. online and mail order delivered only in SC; retail stores with signage; restaurant variance; under-US$1,500 exemption; kitchen requirements; allowed and not-allowed foods; labeling chapter and statement; allergen statement; FAQ on interstate sales, licenses, on-site serving, testing; Appendix A text of §44-1-143): agriculture.sc.gov/wp-content/uploads/2025/07/SCHome-basedFoodProductionLawBook2025_digital.pdf (accessed 20 Oct 2026)
- South Carolina Department of Agriculture, Home-based Food Production (Cottage Law) card, CPD Form #221 (06/30/25) (summary of allowed and not-allowed foods, label contents, retail signage, restaurant variance, allergens): agriculture.sc.gov/wp-content/uploads/2025/09/Home-basedFoodProduction2025_digital.pdf (accessed 20 Oct 2026)
- Stripe, US card pricing 2.9% + 30¢ per successful domestic card transaction, for Lite users (stripe.com geo-redirects to India from our location; figure taken from Stripe's US support pages): stripe.com/pricing (accessed 20 Oct 2026)