Cottage food rules
South Carolina Cottage Food Laws: What You Can Sell
A plain answer on permits, inspections, and where your home kitchen stands in South Carolina.
On this page
What to remember
- No permit, license, registration, or inspection to sell non-potentially-hazardous homemade food.
- South Carolina law says food from a home-based operation is not from an approved source.
- Regulation 61-25 governs retail food establishments, not your home kitchen.
- The state publishes a Home-based Food Production law book written for producers like you.
If you have been putting off selling because you assumed there was paperwork and a inspector waiting, this is the page to read slowly. South Carolina is one of the states where the path from your oven to a paying customer is short. To see how it sits next to other states, keep the state map open in another tab.
What the law asks of you
The short version is that the state asks very little of a home baker selling non-potentially-hazardous homemade food. There is no permit to buy, no license to renew, no registration to file, and no inspection to schedule. That is the whole of it on the paperwork side, and it is why so many home bakers in the state start selling without ever filling in a form.
Where your home kitchen stands with the state
South Carolina law is blunt about one point. Food produced by a home-based food production operation is not considered to be from an approved source, which is what Regulation 61-25 requires of a retail food establishment. That sounds like bad news and is really just bookkeeping. It means your kitchen is not being judged as a restaurant kitchen, because it is not one.
Regulation 61-25 is the rulebook for retail food establishments, and it addresses food processed and prepared by a home-based food production operation that is not subject to the state’s food safety regulations. So when someone tells you that you need a commercial kitchen, a three compartment sink, or a health inspection, they are describing a different set of rules than the ones that cover you. If you want to compare this with how other states draw the same line, our guide on cottage food law requirements by state lays it out.
Read the state’s own book before you sell
The South Carolina Department of Agriculture publishes a Home-based Food Production law book. It was developed to give home-based food producers clear and consistent information about the law, which is worth a lot when so much of what you hear online is secondhand. Download it, read the parts that touch your bakes, and keep the file on your phone so you can pull it up when a customer or a market organizer asks.
That book is the document to trust over any summary, including this one. Laws get updated, and the current version is the one that counts. If you are still working out whether your state even has a home baking law, start with how to check your state’s cottage food laws and come back here once you know where you stand.
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Once the rules side is settled, the next question is money. Knowing what a batch costs you and what to charge for it is what turns a hobby into income, and it is a much easier question to answer than the legal one.
Common questions
Do I need a permit to sell homemade food in South Carolina?
For non-potentially-hazardous homemade food, the state requires no permit, license, registration, or inspection. There is nothing to apply for before you start selling.
Is my home kitchen an approved source?
No. South Carolina law states that food produced by a home-based food production operation is not considered to be from an approved source, which Regulation 61-25 requires of a retail food establishment.
What is Regulation 61-25 and does it apply to me?
Regulation 61-25 governs retail food establishments. It addresses food processed and prepared by a home-based food production operation that is not subject to South Carolina's food safety regulations.
Where can I read the actual rules?
The South Carolina Department of Agriculture publishes a Home-based Food Production law book, developed to give home-based food producers clear and consistent information about the law.
Can I sell anything I bake from home?
The no permit path covers non-potentially-hazardous homemade food. Read the state's guidance book before you finalize your menu so you know which of your bakes fit.
Sources
This is general information, not legal advice. Rules can change, so check the current South Carolina Department of Agriculture guidance before you sell.