Cottage food rules
Does South Carolina Have Cottage Food Laws?
A plain answer on South Carolina's home-based food law and what to check before you sell.
On this page
What to remember
- South Carolina has a Home-based Food Production Law for home-based food producers.
- The state agriculture department publishes a guidance document for producers.
- Clemson University Extension has a resource page on the law.
- South Carolina Code Section 44-1-143 sets out requirements for home-based food production operations.
- South Carolina sets no dollar limit on cottage food sales.
If you bake from home in South Carolina, the law to read is the Home-based Food Production Law. The state agriculture department guidance was developed to provide clear and consistent information about the law for home-based food producers. Clemson University Extension publishes a resource page on the same law. For a wider view of how states handle home food sales, see cottage food laws in the United States.
What the law covers
South Carolina Code Section 44-1-143 is a statute setting out requirements relating to home-based food production operations. The agriculture department guidance is written for home-based food producers, and the Clemson Extension page is a second place to read about the law. The guidance document was developed to give clear and consistent information, so it is the first place to check before you take an order. If you are working out what you can make and sell, start with cottage food law: what can I sell from home.
The sales limit question
South Carolina sets no dollar limit on cottage food sales, so the ceiling on growth is the producer’s own kitchen and time rather than a statutory cap. That matters when you are deciding whether to take a larger order or add a second baking day. For the money side, see cottage food laws and sales tax.
That does not mean every order is automatically fine. It means the law does not set a dollar ceiling on cottage food sales. Your own kitchen and your time are the practical limits. If you are building a weekly baking plan, write down what you can make in a normal week before you promise a larger order.
Selling to a retail food establishment
Under South Carolina law, food produced from a home-based food production operation must not be considered to be from an approved source, as required of a retail food establishment under Regulation 61-25. Regulation 61-25 covers retail food establishments and addresses processed and prepared food from a home-based food production operation that is not subject to South Carolina’s food safety regulations. Home-based food may be served or used as an ingredient in a retail food establishment.
The point to check is how you plan to sell. A retail food establishment has its own rule under Regulation 61-25. The state guidance addresses processed and prepared food from a home-based operation that is not subject to South Carolina’s food safety regulations, and it says home-based food may be served or used as an ingredient in a retail food establishment. Read that section before you agree to supply a retail food establishment.
If you are comparing states or planning a move, see which states have the best cottage food laws for home bakers.
What to do next
Before you take an order, read the state agriculture department guidance and the Clemson Extension page. Then set up a simple way to track what you make, what it costs, and what you are owed. Keep a record of what you bake, what you spend, and what you are owed. That record helps you price your bakes and plan your week.
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Common questions
Does South Carolina have cottage food laws?
South Carolina has a Home-based Food Production Law. The state agriculture department publishes guidance for home-based food producers, and Clemson University Extension has a resource page on the law.
Is there a dollar limit on cottage food sales in South Carolina?
No. South Carolina sets no dollar limit on cottage food sales, so the ceiling on growth is the producer's own kitchen and time rather than a statutory cap.
Can I sell home-based food to a retail food establishment in South Carolina?
Under South Carolina law, food from a home-based food production operation is not considered to be from an approved source under Regulation 61-25. Regulation 61-25 addresses processed and prepared food from a home-based operation that is not subject to South Carolina's food safety regulations, and home-based food may be served or used as an ingredient in a retail food establishment.
Where can I read the South Carolina law?
South Carolina Code Section 44-1-143 sets out requirements for home-based food production operations. The state agriculture department also publishes a guidance document for producers, and Clemson University Extension has a resource page on the law.
Sources
General information, not legal or tax advice. Check the current state guidance and talk to a qualified professional about your situation.