Cottage food rules
Cottage Food Laws in SC: What Home Bakers Need
A plain walk through what South Carolina lets you sell from your own kitchen, and the one phone number worth having.
On this page
What to remember
- The Cottage Law covers non-potentially hazardous foods, the kind that do not need time or temperature control.
- Those foods can be sold directly to consumers without an inspection or a permit.
- A May 2022 amendment expanded the number of foods home producers can make.
- South Carolina sets no dollar limit on cottage food sales.
- Your own kitchen capacity and your hours are the real ceiling, not a number in the law.
Most home bakers here start with the same question: can I sell this from my kitchen, and what do I have to do first. The short answer is that the state has a path for you, and it is narrower than it looks at first glance. Neighboring states write their own versions of this law, and the details differ enough that a guide written for North Carolina will not carry you in South Carolina.
What the South Carolina cottage law covers
State guidance describes home-based food production, often called cottage food, as preparing non-potentially hazardous foods in a residential kitchen and selling them directly to consumers. The line that matters is the one about time and temperature. Foods that have to be kept cold or hot to stay safe sit outside this law, and the state’s own FAQ says it plainly: the foods allowed are the ones that do not require time or temperature control.
If you are not sure whether a particular bake or filling falls on the right side of that line, that is a question for the state, not for a Facebook group. Fillings and frostings are where home bakers most often get stuck, and our guide to cottage food laws and cream cheese explains why that question comes up so often.
No sales cap, but your kitchen is the ceiling
South Carolina does not set a dollar limit on cottage food sales. That is good news, because the ceiling on what you can earn is your own kitchen capacity and the hours you have, not a number written into the law. It also means the limit shows up in ordinary places: oven space, cooling racks, fridge shelves, and how many drop offs you can make in a week.
Before you take your first order
Read the state FAQ yourself
The South Carolina Department of Agriculture publishes a Selling Food From Home FAQ, and it is written for people, not lawyers. Read it once with your own menu in front of you.
Check whether your kitchen needs a permit
State guidance notes that a producer using their own home kitchen may be exempt from retail food establishment registration, but it says to contact DHEC to be sure. The number listed for retail food establishment permits is (803) 896-0640.
Write down every item you plan to sell
Note next to each one whether it has to stay cold or hot. Anything that does is not a cottage food under this law.
Sell directly to your customers
The law describes this food as sold directly to consumers. If you are planning to sell any other way, call the state before you promise anything to anyone.
Work out what a batch really costs before you set a price
Free, no signup.
Comparing states is mostly useful for sanity checking. Georgia and Florida each write their own version of this law, and what is allowed across the line has no bearing on what you can do in your South Carolina kitchen. The state’s own documents are the ones that decide it, and they are free to download.
Common questions
Do I need a permit to sell baked goods from my home in South Carolina?
For foods covered by the Cottage Law, the state allows them to be sold without an inspection or a permit. State guidance also notes that a producer using their own home kitchen may be exempt from retail food establishment registration, but says to contact DHEC to be sure. The number listed for retail food establishment permits is (803) 896-0640.
What can I sell under the South Carolina cottage law?
Non-potentially hazardous foods, meaning foods that do not require time or temperature control, made in your home kitchen and sold directly to consumers. The law was amended in May 2022 and that change expanded the number of foods allowed.
Is there a sales limit on cottage food in South Carolina?
No. South Carolina sets no dollar limit on cottage food sales, so the ceiling on what you earn is your own kitchen capacity and your time rather than a statutory cap.
Can I sell my bakes to a shop or a restaurant?
The law describes this food as sold directly to consumers, and it says food from a home-based operation is not considered to come from an approved source, which a retail food establishment is required to have under Regulation 61-25. If you are considering anything beyond a direct sale, ask the state first.
Where do I check whether a specific item is allowed?
Start with the South Carolina Department of Agriculture's Selling Food From Home FAQ, then call DHEC at (803) 896-0640 if your item is not clearly covered.
Sources
- Selling Food From Home FAQ, South Carolina Department of Agriculture
- Home-based Food Production, South Carolina Department of Agriculture
- Cottage Law fact sheet, September 2022
- South Carolina Code, Title 46, Chapter 57
- Cottage foods guidance, South Carolina Board of Cosmetology and Barbering
- Cottage Food Law Library: South Carolina
This is general information about South Carolina's cottage food law, not legal advice. Rules can change, so check the state documents linked above or call DHEC before you sell.