Cottage food rules
SC Cottage Food Law: What the Statement Actually Says
A plain reading of the South Carolina home-based food law and the state guidance behind it.
On this page
What to remember
- The law is South Carolina Code Title 46, Chapter 57.
- The state agriculture department publishes a guidance book for home-based producers.
- Only non-potentially hazardous food fits, per Clemson Extension.
- Home-produced food is not an approved source under Regulation 61-25.
- South Carolina sets no dollar limit on cottage food sales.
If you went looking for the South Carolina cottage food statement, the honest answer is that the rules come from two places: the state code and the guidance book the South Carolina Department of Agriculture put together for home-based food producers. Other states follow the same shape even where the details differ, which is why a guide like Oregon’s cottage food law reads in a familiar way, and why states with an application step, such as the Pennsylvania cottage food application, still start from the same idea.
The two documents that matter
The first is South Carolina Code Title 46, Chapter 57. The second is the Home-based Food Production Law guidance book, which the state agriculture department developed to give clear and consistent information about the law for home-based food producers. Clemson Extension points producers to that same guidance, describing home-based food operations as individuals preparing non-potentially hazardous food as outlined in the state document. Read the state book first, not a summary of it.
Which foods fit
Clemson Extension’s guidance document outlines the requirements of the South Carolina home-based food law and which foods are allowed. That allowed list is the one to check your own bakes against before you accept an order, rather than a list you half remember from a group thread. When a customer asks for something new, look it up in the guidance before you quote a price.
What not an approved source means for you
Under South Carolina Code Title 46, Chapter 57, 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 pursuant to Regulation 61-25. In everyday terms, the law treats your home kitchen differently from a licensed retail kitchen, and it says so directly rather than leaving it to interpretation.
No dollar cap on what you sell
South Carolina sets no dollar limit on cottage food sales, so the ceiling on your growth is your own kitchen and time rather than a statutory cap. That changes how you plan a season. Instead of watching a sales threshold, you watch your oven schedule and how many orders you can bake well in a week without the quality slipping.
A short way to work through it
Read the state book end to end
It was developed to give clear and consistent information about the law for home-based food producers, so start there rather than with a summary.
Match your bakes to the allowed foods
Clemson Extension’s guidance outlines which foods are allowed. Go through your menu item by item against that list.
Understand the approved source point
Food from a home-based operation is not an approved source under Regulation 61-25. Know that before you talk to a shop about supplying them.
Plan around your kitchen, not a sales cap
There is no dollar limit in the law, so your real limit is oven space and hours. Price and schedule with that in mind.
If you are also weighing what you sell, how you take orders and what your record keeping looks like, Ohio’s home bakery license rules are a useful comparison for how another state handles the same questions.
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Whatever the law allows, the money side still has to work. Cost out a recipe properly, add your packaging and your time, and set a price that leaves you something at the end of the week.
Common questions
Where is the South Carolina cottage food law written?
It is in South Carolina Code Title 46, Chapter 57. Alongside it, the state agriculture department publishes a Home-based Food Production Law guidance book written for home-based food producers.
Is there a limit on how much I can sell?
South Carolina sets no dollar limit on cottage food sales. The practical ceiling is your own kitchen and the time you have to bake.
What foods am I allowed to sell?
Clemson Extension describes a home-based food operation as an individual preparing non-potentially hazardous food as outlined in the state guidance document, and its guidance outlines which foods are allowed. Check each item against that document.
Does my home-baked food count as an approved source?
No. Under Title 46, Chapter 57, 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 pursuant to Regulation 61-25.
Is there a required statement I have to put on my labels?
The state guidance book is where to confirm that. It was developed to give clear and consistent information about the law for home-based food producers, and it is the document Clemson Extension points people to.
Sources
This is general information about a state law, not legal advice. Rules can change, so confirm the current requirements with the South Carolina Department of Agriculture or Clemson Extension before you sell.