South Carolina Cottage Food Law 2026: No Permit, No Sales Cap, Wholesale Allowed

Yes, you can legally sell baked goods and other approved foods from your home kitchen in South Carolina. And the law is refreshingly permissive: there’s no state permit required, no sales cap to worry about, and—uniquely—you can sell your packaged goods wholesale to local grocery stores and cafes.

If you only remember three things, make them these: First, you don’t need a retail food permit from the SC Department of Agriculture (SCDA). Second, there’s no limit on how much you can make and sell. Third, every single label you print must include a very specific, verbatim disclaimer in ALL CAPITAL LETTERS. It’s a quirky requirement, but it’s the law.

This guide covers everything you need to know to start your home-based food business in the Palmetto State, from allowed foods and labeling rules to the surprisingly straightforward path to selling wholesale.

What You Can Sell Under South Carolina Cottage Food Law

You’re free to sell what the law defines as non-potentially hazardous foods—items that don’t need time and temperature control to stay safe. Think shelf-stable baked goods, candies, and high-acid preserves.

Here’s a clear breakdown of what you can and cannot sell:

In South Carolina, you may sell a wide range of non-potentially hazardous foods like breads, cookies, and high-acid jams, but you are strictly prohibited from selling items requiring refrigeration, low-acid canned goods, or specific items like cheesecake and charcuterie boards.

South Carolina Sales Limit and Allowed Channels

No Sales Cap

South Carolina has no annual sales cap. You can grow your business as big as you want without hitting a state-imposed revenue limit.

There is a de minimis threshold of $1,500 in annual net earnings. If your in-person direct sales stay below that amount, you’re largely exempt from most of the labeling and other requirements outlined in the law. Once you earn $1,500 or more, you must follow all the rules, but there’s no ceiling on your earnings.

Allowed Sales Channels

South Carolina law lets you sell through multiple channels:

Direct-to-Consumer Sales: This includes sales from your home, at farmers' markets, roadside stands, and special events.

Online Sales & Shipping: The SCDA guidance states you may sell directly to a person, including online and by mail order. However, their official materials consistently summarize this as being "within South Carolina." The primary statute (§44-1-143(E)) does not explicitly use the words "in-state only," but for now, you should operate under the SCDA’s interpretation that online sales and shipping should stay within state lines. Federal food safety regulations (FDA/FSMA) may also apply if you cross state borders.

Wholesale Sales: This is where South Carolina stands out. You are allowed to sell your packaged home-based food products to retail stores, including grocery stores. The retail store must post a clearly visible sign with the required ALL CAPS disclaimer.

Restaurant Restriction: Your home-based food may not be served or used as an ingredient in a retail food establishment (a restaurant) unless that establishment obtains a special variance from the SCDA.

Permit, Registration, and Training Requirements in South Carolina

No Retail Food Permit Required

You do not need a retail food permit from the SCDA. The SCDA explicitly states: "Home-based food producers are not required to obtain a retail food permit from the South Carolina Department of Agriculture."

Optional SCDA Home-based Food ID Number

For privacy, you can apply for a free SCDA Home-based Food ID number. This allows you to use the ID number on your product labels instead of your home address. The ID number can be used in place of the address requirement on your label.

Kitchen and Operator Standards

Even though there’s no permit or inspection, South Carolina’s law (§44-1-143(B) and (C)) lists specific kitchen and operator standards you must meet:

• Kitchen Requirements: You need department-approved water supply, separate storage for ingredients, proper refrigeration, a sink with hot water, utensil storage, separate hand-washing facilities, a sanitary toilet, no insect/rodent activity, and department-approved sewage disposal.
• Operator Requirements: You must supervise any non-operators in the kitchen, keep animals out during preparation, avoid domestic activities during food prep, not handle food if you’re sick, and have food-safety knowledge.

There are no routine inspections, but these standards are the law.

South Carolina Cottage Food Labeling Requirements

Every product you sell must be properly labeled. There are five required elements, and the disclaimer is non-negotiable in its exact wording and format.

Required Label Elements

1. Name and address of your home-based food operation, OR your SCDA Home-based Food ID number.
2. The standard name of the product.
3. The ingredients listed in descending order of predominance by weight.
4. An allergen statement listing each major allergen by name or stating the food may contain them.
5. The verbatim, ALL CAPS disclaimer.

Your label must display this exact statement, printed in all capital letters and in a color that provides clear contrast to the background:

PROCESSED AND PREPARED BY A HOME-BASED FOOD PRODUCTION OPERATION THAT IS NOT SUBJECT TO SOUTH CAROLINA'S FOOD SAFETY REGULATIONS.

This wording is required by SC Law 44-1-143(D)(4) and specified in SCDA CPD Form #221. Do not paraphrase or shrink it.

Required vs. Recommended Label Elements

Now that you know the rules — here's how to start selling in South Carolina

South Carolina’s permissive law gives you a fantastic runway to launch. Here’s your action plan:

1. Get Your Optional SCDA Home-based Food ID: Visit the official SC Department of Agriculture page to apply for your free ID number. It enhances your label privacy.
2. Develop Compliant Labels: Design labels that include all five required elements: product name, ingredients, allergens, your business name/address (or SCDA ID), and the exact ALL CAPS disclaimer. (Net weight isn't required by SC cottage law, but it's a smart addition for packaged goods.) Use our labeling guide to get it right.
3. Create Your Online Storefront: Set up a platform to take orders, manage inventory, and process payments. This is crucial for online and direct sales.
4. Plan Your Sales Channels: Decide if you’ll focus on direct sales (home, farmers' markets), online shipping within SC, or pursue wholesale opportunities with local retailers.
5. Check Local Rules: South Carolina law is a floor, not a ceiling. This means local counties or cities can add their own requirements. Always check with your local health department or zoning office.

For broader label planning, use the MyPorch cottage food labeling requirements guide as your checklist companion. Before you open orders, sanity-check your margin with the home bakery pricing guide, then set up your weekly launch rhythm with the guide to taking pre-orders for a home bakery.

Frequently Asked Questions About South Carolina Cottage Food Law

Recent Law Changes in South Carolina (2024–2026)

July 1, 2024 — Regulatory Transfer to SCDA

Oversight of home-based food production operations, including food safety duties, transferred from the South Carolina Department of Health and Environmental Control (DHEC) to the South Carolina Department of Agriculture (SCDA), per Act No. 60, S.399. This means the SCDA is now your primary point of contact for questions.

2022 — Act 208 (S.506) Major Expansion

This was the most significant recent update to the cottage food law. It: Expanded sales channels to include online/mail order and wholesale to retail stores (previously direct-only). Removed the "NOT FOR RESALE—" prefix from the required disclaimer. Raised the de minimis exemption threshold from $500 to $1,500 in annual net earnings. Added the provision that state law acts as a floor, not a ceiling, for local ordinances.

If you were operating before May 2022, these changes mean you can now sell online, ship by mail, and stock your products in grocery stores — all of which were previously off-limits.

This guide reflects the law as of the most recent review. Always check the official SCDA sources linked below for any updates.

--- This guide is for informational purposes only. It is not legal advice. For official guidance, please consult the South Carolina Department of Agriculture and the primary sources listed below.

Last Reviewed: June 27, 2026