South Carolina Cottage Food Laws (2026): Selling Homemade Food Legally
This is general information, not legal or tax advice. Permit and tax rules change, and your situation may differ. Always confirm current requirements with the official state agency linked in this guide, and consult a licensed attorney or tax professional for advice about your specific business.Last verified against official state sources: 2026-06-12
Quick answer
- Law / program
- South Carolina Home-Based Food Production Law (S.C. Code 44-1-143, expanded by Act 208 of 2022)
- Annual sales cap
- none; the statute even works the other way: micro-sellers netting under $1,500 a year are exempt from the labeling requirements entirely (in-person direct sales only per SCDA)
- Official details
- State cottage food page
Do you need a license to sell homemade food in South Carolina?
No permit, license, inspection, or registration. One optional perk: request a free SCDA identification number to print on labels instead of your home address.
None; the statute just requires safe food handling knowledge and sets home sanitation standards (approved water, working refrigerator, no pets or domestic activities in the kitchen during production).
What foods are allowed
Any non-potentially-hazardous (shelf-stable) food since the 2022 expansion: breads including sourdough from commercial starters, bagels, cookies, cakes with shelf-stable buttercream, funnel cake, hard candy, fudge, chocolates, popcorn, caramel apples with commercial caramel, dry mixes, home-canned acidic fruits, and full-sugar high-acid jams and jellies.
Anything TCS, plus two named statutory exclusions: aluminum canned goods and charcuterie boards. SCDA also bans cheesecake, pumpkin and carrot cake (unless from dry commercial mix), cream fillings, all acidified and fermented foods (pickles, salsa, hot sauce, pepper jelly), low-sugar jams, bottled beverages, kombucha, sourdough starter, and CBD or Delta-8/9 ingredients.
Where you can sell and how much
Among the broadest: direct to consumers anywhere in South Carolina including home, farmers markets, craft fairs, online, and mail order with delivery within SC only, PLUS sales to retail stores including grocery stores (the store posts a sign that the products are not subject to commercial food regulations). Restaurants can sell your packaged products but cannot serve them without an SCDA variance.
Annual sales cap: none; the statute even works the other way: micro-sellers netting under $1,500 a year are exempt from the labeling requirements entirely (in-person direct sales only per SCDA).
In-person events are where most cottage food sellers move product. Browse upcoming craft fairs in South Carolina to find shows with dates, booth fees, and application deadlines.
Labeling requirements
Labels need: operation name and address (or the optional SCDA ID number), product name, ingredients by weight, and in all caps in a contrasting color: PROCESSED AND PREPARED BY A HOME-BASED FOOD PRODUCTION OPERATION THAT IS NOT SUBJECT TO SOUTH CAROLINA'S FOOD SAFETY REGULATIONS. The old 'NOT FOR RESALE' prefix was deleted in 2022, so do not use it. Federal allergen rules also apply.
Sales tax and local rules
South Carolina exempts unprepared food from the 6 percent state tax, and most packaged cottage foods qualify, but local sales taxes still apply unless the specific local tax exempts food, so vendors generally collect the local rate at each county's events. Get an SCDOR retail license.
Important caveat: the statute applies only in the absence of a local ordinance to the contrary, so cities and counties can restrict or override home-based food operations. Check local zoning and business license rules before selling.
No specific penalty in the statute; selling outside the exemption makes you an unpermitted retail food establishment, with misdemeanor fines up to $200 and civil penalties up to $1,000 per day under the general food law.
Selling non-food crafts too? See the South Carolina craft fair permit and sales tax guide.
South Carolina cottage food FAQ
Can I sell homemade food in South Carolina?
Yes, under South Carolina Home-Based Food Production Law (S.C. Code 44-1-143, expanded by Act 208 of 2022). No permit, license, inspection, or registration. One optional perk: request a free SCDA identification number to print on labels instead of your home address.
What foods can I sell under South Carolina's cottage food law?
Any non-potentially-hazardous (shelf-stable) food since the 2022 expansion: breads including sourdough from commercial starters, bagels, cookies, cakes with shelf-stable buttercream, funnel cake, hard candy, fudge, chocolates, popcorn, caramel apples with commercial caramel, dry mixes, home-canned acidic fruits, and full-sugar high-acid jams and jellies. Anything TCS, plus two named statutory exclusions: aluminum canned goods and charcuterie boards. SCDA also bans cheesecake, pumpkin and carrot cake (unless from dry commercial mix), cream fillings, all acidified and fermented foods (pickles, salsa, hot sauce, pepper jelly), low-sugar jams, bottled beverages, kombucha, sourdough starter, and CBD or Delta-8/9 ingredients.
Is there a sales limit for cottage food in South Carolina?
Yes: none; the statute even works the other way: micro-sellers netting under $1,500 a year are exempt from the labeling requirements entirely (in-person direct sales only per SCDA).
Where can I sell cottage food in South Carolina?
Among the broadest: direct to consumers anywhere in South Carolina including home, farmers markets, craft fairs, online, and mail order with delivery within SC only, PLUS sales to retail stores including grocery stores (the store posts a sign that the products are not subject to commercial food regulations). Restaurants can sell your packaged products but cannot serve them without an SCDA variance.
What has to be on my label in South Carolina?
Labels need: operation name and address (or the optional SCDA ID number), product name, ingredients by weight, and in all caps in a contrasting color: PROCESSED AND PREPARED BY A HOME-BASED FOOD PRODUCTION OPERATION THAT IS NOT SUBJECT TO SOUTH CAROLINA'S FOOD SAFETY REGULATIONS. The old 'NOT FOR RESALE' prefix was deleted in 2022, so do not use it. Federal allergen rules also apply.
Do I charge sales tax on cottage food in South Carolina?
South Carolina exempts unprepared food from the 6 percent state tax, and most packaged cottage foods qualify, but local sales taxes still apply unless the specific local tax exempts food, so vendors generally collect the local rate at each county's events. Get an SCDOR retail license.
Find places to sell in South Carolina
Browse upcoming craft fairs and markets in South Carolina with booth fees and application deadlines, and use the booth ROI calculator to plan a profitable season.
Official sources
- S.C. Code 44-1-143, Home-Based Food Production Operations
- SCDA Retail Food Safety, Home-Based Food Production
- SC Home-Based Food Production Law Guidance (July 2025, v1.4), SCDA
- 2022 Act No. 208 (S.506), Home-Based Food Products
- SCDOR, Unprepared Food Exemption
Last verified: 2026-06-12. Spotted something out of date? Let us know.