South Carolina Cottage Food Laws

Comprehensive Guide to South Carolina Cottage Food Laws

South Carolina’s cottage food law, known as the Home‑Based Food Production Law, allows home-based producers to sell all non-potentially hazardous foods with no revenue cap, no inspections, and no mandatory training. This permissive framework enables sales direct-to-consumer, via online (within the state), and wholesale to retailers, provided proper labeling and state tax/business compliance are met.

Quick Facts

Overview / Introduction

South Carolina’s Home‑Based Food Production Law—often referred to as the cottage food law—originated in 2012 and was significantly updated in 2018 (removing the annual sales cap) and again in 2022 (expanding allowable products and sales venues) (standscout.com). The law is now among the most permissive in the U.S., administered by the South Carolina Department of Agriculture (SCDA) since July 1, 2024, after food safety responsibilities were transferred from DHEC (cottagecms.com).

Sales Limits

South Carolina law imposes no annual revenue cap, allowing unlimited earnings from cottage food operations (standscout.com).

Licensing & Registration

Cottage food operations in South Carolina require no permit, registration, or inspection by DHEC or SCDA to begin (clemson.edu).

However, entrepreneurs may voluntarily obtain an SCDA ID number, which can be used instead of a home address on product labels for privacy and professionalism (cottagecms.com).

Additionally, although not a food safety requirement, many municipalities require a local business license for tax or business registration purposes (shopcastiron.com).

Training Requirements

South Carolina does not require any food safety or handler training to operate under the cottage food law (aaafoodhandler.com). While optional certifications (e.g., ServSafe) can bolster credibility, they’re not mandated (aaafoodhandler.com).

Home Kitchen Inspection

No home kitchen inspection is required for cottage food producers in South Carolina (clemson.edu). Nevertheless, basic food safety best practices—clean facilities, handwashing, no pets—are strongly recommended (ij.org).

Allowed Foods

South Carolina allows all non-potentially hazardous (non‑TCS) foods produced in a home kitchen to be sold under the cottage food law (cottagecms.com). Typical permitted items include:

• Baked goods: breads, cookies, cakes, muffins, scones, donuts (unfilled), pastries without hazardous fillings (standscout.com)
• Jams, jellies, preserves made with high-acid fruits or science-based recipes (clemson.edu)
• Candies, chocolate-covered high‑acid fruits, popcorn, granola, snack mixes, confections (aaafoodhandler.com)
• Dried goods: dried herbs, teas, spices, fruits, vegetables, coffee, pasta, extracts with sufficient ethanol/glycerin content (clemson.edu)
• Others: vinegar, flavored vinegars, non‑dairy fudge, syrup (from high‑acid fruit) (clemson.edu).

Prohibited Foods

Foods not allowed include anything potentially hazardous, such as:

• Meat, poultry, seafood products; low‑acid canned goods; salsas; fermented or pickled foods without proper approval; dairy-based products like cream‑filled pastries, custards, cheesecake; beverages requiring refrigeration (e.g., smoothies, kombucha), juices, cut produce, egg-based frostings (scstatehouse.gov).
• Other banned items: pet treats, alcoholic- or CBD-infused foods, re-packaging of purchased bulk foods, pastries with low‑acid fillings, charcuterie, etc. (clemson.edu).

Labeling Requirements

Labels must include:

• Statement of Identity (common name of food)
• Complete ingredient list, descending by weight
• Name and physical address of the home operation, or SCDA ID number in place of address (cottagecms.com)
• Allergen declaration for major allergens (aaafoodhandler.com)
• A bold disclaimer such as: “PROCESSED AND PREPARED BY A HOME‑BASED FOOD PRODUCTION OPERATION THAT IS NOT SUBJECT TO SOUTH CAROLINA’S FOOD SAFETY REGULATIONS.” (or similar phrasing) (aaafoodhandler.com)
• Optional requirements: net weight in customary and metric units as per cottage cms guidance (cottagecms.com).

Where You Can Sell

Allowed sales venues include:

• Direct-to-consumer: from home, farmers’ markets, roadside stands, festivals, special events (ij.org)
• Online orders and mail delivery, within South Carolina only (cottagecms.com)
• Wholesale to retail stores and restaurants, but products must be packaged, and retail outlets must post signage stating these aren’t subject to commercial food regulations; cannot be used as ingredients in restaurants without DHEC variance (clemson.edu)

Not allowed: shipping out-of-state (interstate), using third-party platforms for out-of-state sales, supplying products for restaurant use without variance (legalclarity.org).

Sales Tax

Cottage food sales are subject to South Carolina sales tax (6% state plus applicable local tax). If sales exceed the threshold for tax collection, you must register with the South Carolina Department of Revenue (SCDOR) (legalclarity.org). Wholesale transactions are also taxable. Income from cottage food operations must be reported for federal income tax purposes even though no food permit is required (legalclarity.org).

Special Exemptions

SCDA retains the option to recognize additional SCDA‑approved non‑TCS foods beyond standard categories (clemson.edu).

Foods that fall outside cottage law—such as pickled eggs—must be produced in approved kitchens and may require a Registration Verification Certificate (RVC); noncompliance may result in penalties up to $1,000 per violation (clemson.edu).

Getting Started

Practical steps:

1. Identify a non‑TCS food you're able to produce (e.g., baked goods, jam, granola).
2. Follow food safety best practices at home (cleanliness, handwashing, no pets).
3. Create compliant labels with required info and disclaimer.
4. Optional Obtain an SCDA ID number for privacy on labels.
5. Register with SCDOR for sales tax purposes if required.
6. Begin selling direct-to-consumer (home, markets, events), online/mail within SC, or wholesale packaged goods to retail, ensuring signage for outlets.
7. Maintain sales/income records and report income for taxes. Consider liability insurance for events or wholesale accounts (often required by venues).

Official Resources

• South Carolina Legislature: Texts of cottage food bills (2012, 2022) (scstatehouse.gov)
• Clemson Extension “Home‑based Food Production Law” guide and FAQs (clemson.edu)
• SC Department of Agriculture (SCDA) wholesale/retail food safety pages and ID information (agriculture.sc.gov)
• SC Business One Stop: local business license info (scbos.sc.gov)

Official Sources

This guide was compiled from the following official sources:

• www.scstatehouse.gov
• www.scstatehouse.gov
• cottagecms.com
• standscout.com
• clemson.edu
• ij.org
• aaafoodhandler.com
• legalclarity.org
• clemson.edu
• agriculture.sc.gov
• scbos.sc.gov
• scbos.sc.gov

Important Notes

⚠️ Always verify local city or county business license requirements, as food law permits no exemptions for local licensing.

⚠️ Some products (e.g., pickled eggs or low-sugar preserves) may fall outside the cottage food law and require additional approval—when in doubt, consult Clemson Extension or SCDA.

⚠️ This guide reflects law as of early 2026; always confirm in case of legislative updates.